CALL TO ORDER, ROLL CALL AND PLEDGE OF ALLEGIANCE

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: J. Hickey, City Recorder; G. Darnielle, City Attorney; T. Tinker, Planning Secretary; C. Lewis, Recording Secretary; LCAN; Denise Ruttan, Siuslaw News; and approximately 25 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: April 13, 2006 and April 24, 2006

B. Bills of the Session: April 14, 2006 through May 11, 2006 totaling $25,859.41

C. Resolution No. 05-11-06, a resolution extending Dunes City’s Workers’ Compensation coverage to volunteers of Dunes City.

ACTION: P. Howison made a motion to approve the Consent Agenda with a change to the April 24^th Minutes (page 3, last paragraph: first to worst). J. Scott seconded the motion. There were 4 ayes, 0 nays, 1 abstained (Petersdorf). Motion carried.

 

3. RECEIPTS OF THE SESSION

The receipts for the period of April 14, 2006 to May 11, 2006 totaled $15, 421.38.

4. ANNOUNCEMENTS AND INFORMATIONAL ITEMS

 

A. Art Exhibition: Jan Woodford for the months of May and June

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

C. Dunes City Spring Clean-up Day, May 13. - Della Robinson

D. Committee Heads: Quarterly volunteer hours due.

5. GUEST SPEAKERS – None.

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. Steve Burton, 83592 Woodland Lane, Florence, OR 97439. Burton disclosed that he is an attorney, but was not speaking in a representative capacity. Burton presented a preliminary proposal to address the water quality concerns on Woahink Lake. See Exhibit A.

B. George Burke, 4838 Lake Blvd, Westlake, OR 97493. Burke had questions for the Council. How is Dunes City going to deal with meetings that are outside of the publicly announced meetings (ORS 192.680 and 192.620) and what are the consequences of not following the statutes? Burke talked about ex parte contacts within other meetings and the fact that disclosures are not currently being stated at the beginning of public hearings. Burke suggested that a workshop be presented by Darnielle or the State Ethics Commission for Councilors, Commissioners, and Staff. Darnielle said each year he teaches a Saturday session for the Planning Institute for Planners and Councilors, but could put together something exclusively for Dunes City. Mayor Meyer suggested that Darnielle propose a session. Darnielle said the session would be approximately two hours in duration. Meyer said the session would be set up by himself, Hickey and Darnielle. Petersdorf reminded the Council that at the beginning of each election year, an ethics workshop is conducted at the City of Florence.

7. UNFINISHED/OLD BUSINESS

A. Resolution 05-11-06 (A), a resolution amending Resolution 01-15-05 to modify the composition and term of office of the Dunes City Water Quality Control Committee.

There was a discussion that resulted in a change in the resolution that would include seven members to the committee: an addition of two of those members would be water testers, one from each lake (Woahink and Siltcoos). The resolution would reflect a change in the term of office changing one (1) one-year term expiring 12-31-2006 to two (2) one-year terms expiring 12-31-2006 and changing two (2) 3-year terms expiring 12-31-2008 to three (3) 3-year terms expiring 12-31-2008. Darnielle said the quorum level would remain at three.

The resolution was read in its entirety.

ACTION: P. Howison made a motion to adopt Resolution 05-11-05 (A), a resolution amending Resolution 01-15-05 to modify the composition and term of office of the Dunes City Water Quality Control Committee. J. Hogervorst seconded the motion. There were 4 ayes, 2 nays (Scott and Martin). Motion carried.

 

8. NEW BUSINESS

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

A. Discussion: Dunes City’s photocopy fee to the public. - P. Howison

Howison said that in the interest of time, he was willing to postpone the discussion.

Howison brought the topic back up after conclusion of New Business, Item B. Howison said he had been approached by citizens saying that the cost was inconvenient and suggested a reduced rate for large items such as the Comprehensive Plan or the Code of Ordinances. Hickey gave a run-down of what other cities/county charges per copy which varied up to 25 cents per copy. Hickey said it is hard to really come up with an actual cost since there are many indirect costs to the City when providing the public with copies. Hickey said many of the larger documents are available through the City’s website. There was no change made.

B. Applications for Appointment – Planning Commission

Applications received from Richard Koehler, Dave Bellemore and

Eric Hauptman. Two positions are vacant.

There was a discussion involving whether the City Council should make the appointments to the Planning Commission that night. Meyer said that no appointments would be made that night since there was no clear deadline and staff had informed the public that the appointments would be made at the Planning Commission meeting allowing applications to be received for that meeting. Howison argued that it was important to get the commissioners on-board before the upcoming planning meeting. Tinker said there were no important issues before the commission at the upcoming meeting. Planning Commissioner Navetta said that previous recommendations were made solely by the Planning Commission Chair, not by the Commission. Howison said there was no established procedure for the selection of applicants. Howison read from past minutes where the Planning Commission did not make recommendations. Petersdorf said that since there are two openings and three applicants so far, he felt it would be prudent to send the applications to the Planning Commission for an interview and let that Commission make a recommendation to the City Council. Planning Commissioner George Burke said he did not like being left out. Burke said that when he had applied for his position, Lee Riechel did interview him. Burke said he has not seen anything and does not even know for sure who has applied. Burke said there was no big rush and no crisis and felt it was important to keep the Planning Commission involved in the decision-making.

ACTION: B. Petersdorf made a motion to table the decision until the Planning Commission makes its recommendation to the City Council for appointments. J. Scott seconded the motion. There was a roll call vote: Ayes: Scott, Martin, Petersdorf, Meyer (tiebreaker). Nays: Hogervorst, Robinson, Howison. There were 4 ayes, 3 nays. Motion carried.

 

9. Reports

 

A. Report by City Attorney - G. Darnielle

Darnielle reported that the Woahink Ridge LUBA appeal hearing would be held at Dunes City Hall on May 23^rd at 1 p.m. and may be attended by the public. The City will also have the event televised. Darnielle said that no decision will be made at that time.

Darnielle reported that the final details of using the Justice Court for Dunes City are being worked out. Judge Cable will be available; however, her staff would not be used and court would be conducted at City Hall.

Darnielle said the Road Commission will decide Monday night whether to go forward with the City’s engineering plans for Fish Mill Way. Darnielle said that the Bedsoles (Fish Mill Lodge) has proposed an agreement which Darnielle would recommend against accepting as it would remove rights from the City. The discussion for the Road Commission would be if the City wants to go forward with the project or not.

There was a recess three minutes prior to the 8:15 p.m. public hearing.

B. Road Commission – Road Report - R. Petersdorf

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 - J. Hogervorst

1) Update on Grants

H. Mayor’s Report - S. Meyer

I. Planning Report - T. Tinker

 

10. PUBLIC HEARINGS – began at 8:15 pm.

 

A. Sunset Cove PUD, PUD02-05 and ZON02-05 Tax Map 19-12-23-31,

Lots 3400 and 3500, and Tax Map 19-1223-33, Lot 1500, 16-lot

Planned Unit Development on 16.7 acres. Continuation from the

February 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, and Hogervorst had visited the site, but could render an impartial decision.

Meyer opened the public hearing at 8:27 p.m. and asked for the presentation of the staff report.

Tinker presented the staff report and read the conditions from the Findings of Fact as prepared by Hilary Dearborn, LCOG Planner, who was not present at the meeting. See Exhibit B. Gary Darnielle recommended a change to Condition #4 changing the word guidelines to conditions of approval.

Applicant Testimony: Robert Ward.

Ward outlined the changes made addressing the concerns from the City Council two months prior about the offset streets by creating three panhandle lots to eliminate the need for a street. Ward said there is a trail large enough to allow a golf cart, in lieu of a road for a car. The trail would be approximately six-feet wide. Ward said he has provided a geotechnical report from Gunnar Schlieder showing stability and recommendations for excavation of home sites. The new information to the Council includes a Preliminary Landscape Plan by Rex Redmon and complete engineering of the project by Dan Olmstead, both of whom would address the Council. Ward said that catch basins would be used that trap sediments and separate oil. Septic systems would require the Advantex system or the equivalent for a 60% reduction of nitrates. There will be a requirement that the homeowner’s carry a maintenance contract for the service of the systems ($20 - $30 per month). Dan Olmstead, EGR Engineering, explained how the storm water system would work. Hogervorst questioned the slope going toward the lake. Ward said there is a ridge going towards the lake where the bio-swale will be 2 ½-feet wide. Hogervorst said he was concerned with peak events. Ward said the bio-swale will be used during those heavy periods and that the model being used is that of the City of Portland whose exceeds all standards. Hogervorst questioned if the 12-inch pipe is big enough to accommodate flow. Olmstead said it can handle the flow, but the City Engineer could check his calculations.

Rex Redmon explained the landscape plan used to minimize erosion issues and handle extreme rain events that would filter water before it entered the wetland. Hogervorst asked if the hydro-mulching is native. Redmond responded that the variety is non-evasive and native to the region. Howison asked if there would be monitoring of the swale. Ward said the bylaws of the CC&Rs would provide for the Homeowner’s Association to be responsible for a contract with a service provider. Howison wanted lots 15, 11 and 12 restricted in the use of fertilizers. Ward suggested that the City adopt an Ordinance eliminating the use of phosphates in the City, but he could write such a restriction into the CC&Rs.

Howison was concerned about having enough space on the lower properties and that trees should be encouraged to create a 15-foot buffer. Ward said there is 80 to 100-feet of common area that will be retained as is, but people will be buying the property for the view of the lake. Hogervorst suggested that some of the trees in the common area be thinned. Ward agreed that there was not undergrowth brush because the trees did not allow light, but was reluctant to cut any vegetation and be criticized for that cutting. Hogervorst suggested 80 – 100 trees per acre opposed to the approximately 300 trees per acre that now exists.

Meyer asked if there were any proponents.

Steve Burton, 83592 Woodland Lane, Florence, OR 97439. Burton pointed out the positive development measures used by Ward and called Sunset Cove a model for future development.

Eric Tanikowa, 5050 Heceta Parkway, Florence, OR 97439. Tanikowa said he is more inspired than ever by the updated planning to support the development.

 

Meyer asked if there were any opponents:

Dave Bellemore, 83508 Salal, Florence OR 97439. Bellmore said he admired that something more was done with the development; however, he did not want to see every single acre in Dunes City developed. Bellemore said the bottom three panhandle lots would need to be removed, and concluded by saying that the area was already overdeveloped.

John Stead, 83505 South Cove Way, Florence OR 97439. Stead commended the quality of the presentation. Stead questioned that there were enough pumps in the lake to accommodate the number of houses in the development. Ward explained that the existing house has its own water right and system in place, plus the five pumps accommodating three houses each which adequately provides for 16-lots.

Jerry Wasserburg, 84606 Eastlake Drive, Florence OR 97439. Wasserburg said there is no description of phosphate load from normal usage.

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

Rebuttal: Ward

Ward said the density of Sunset Cove is well within the Comprehensive Plan requirements. Ward pointed out that if the City had a sewer treatment system, the law would require higher density in the City. Ward pointed out that Lot 16 has its own water system and as far as phosphorus loading, Dunes City relies on DEQ and Lane County to set the standard and the Advantex system exceeds the current requirements. Ward explained in layman terms that phosphates attach themselves to soil, so if soil is stopped from entering the lakes, then they are doing the best that they can to reduce the phosphate load.

Meyer closed the public hearing at 9:42 p.m.

Deliberations:

Councilor Petersdorf said it is the best subdivision that he has seen in many years. Councilor Scott commented that Ward is to be commended for his voluntary efforts made in modifying the development. Councilor Martin said the application seems to be satisfactory, but she would add the following four conditions:

1) A perpetual contractual obligation for all septic systems shall be Advantex treatment systems or the equivalent.

2) The Homeowner’s Associate shall maintain a service contract for the maintenance of the storm water drainage system.

3) There shall be a ban of fertilizer containing phosphate on all lots.

4) Trails with a grade of 12% or less shall have a permeable surface; trails with a grade exceeding 12% can be paved.

ACTION: J. Scott made a motion to accept the staff report as presented. B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried.

ACTION: J. Scott made a motion to approve the request by Rob Ward for a PUD on Tax Map 19-12-23-31, Lots 3400 and 3500, and Tax Map 19-1223-33, Lot, and the preliminary plat for Sunset Cove PUD. 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 12 conditions in the findings of fact (with Condition #4 being changed from guideline to conditions of approval) plus four additional conditions as stated above. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried.

B. Ordinance 181 – an ordinance imposing a moratorium on land development prohibiting the acceptance of applications for partitions, subdivisions and planned unit developments in the City of Dunes City, and declaring an emergency. Third Reading.

Darnielle said the Ordinance was modified at Section 2, and referred to that section, item c. Darnielle said the public hearing should focus on any new information and the DLCD letter. Darnielle said that since the hearing was a legislative process, there did not need to be a declaration of conflict of interest.

Meyer opened the Public Hearing at 10:03 p.m.

Meyer asked for audience testimony.

Karen Peck, 5400 Huckleberry Lane, Florence, OR 97439. Peck read a letter submitted into the record. See Exhibit C.

Gerald Wasserburg, 84606 Eastlake Drive, Florence OR 97439. Wasserburg presented a letter and documentation to the Council. See Exhibit D.

Mark Chandler, 4934 Lakeshore Drive, Florence OR 97439. Chandler read a letter from the Oregon Shores Conservation Coalition and additional findings into the record. See Exhibit E.

John Stead, 83505 South Cove Way, Florence OR 97439. Stead read a letter into the record. See Exhibit F.

Holly Martin, attorney representing various Dunes City residents:

H. Martin asked that the Council act on the first version of the moratorium that would not include any exemptions. H. Martin revealed to the Council the names of her clients, and asked that those opposing the moratorium reveal their identities. H. Martin asked why developers of subdivisions and PUD were being built into the exemptions when they had not spoken in opposition to the moratorium. H. Martin said that each councilmember should provide a statement of their interests. H. Martin provided two e-mails for the record. See Exhibit G.

David Davis, 83000 Jensen Lane, Florence, OR 97439. Davis said that there should be no badgering of people who have land to develop as it is the existing substandard septic systems and existing developments that have paved up to the lake’s edge that have adversely impacted the lake. Davis said that he hopes that the City is not rushing to a conclusion that is not needed.

George Burke, Lake Blvd, Westlake OR 97493. Burke pointed out that DLCD said that the reason for a moratorium was not proved.

Ralph Farnsworth, Highway 101, Florence OR 97439. Farnsworth said the DLCD said that a moratorium was clearly justified; but the City did not meet the standard for a moratorium.

Meyer closed the public hearing at 10:58 p.m.

ACTION: J. Martin made a motion as follows:

Because Ordinance No. 181 does not meet the requirements of ORS 197.520;

 

And because legal costs, approximating $7500, and many hours of staff time have been expended to date in pursuing a temporary moratorium, and additional legal and personnel costs will be incurred each time the moratorium is extended; and should the moratorium be appealed to LUBA, even if the City chooses not to defend, costs to the City to prepare the record will be substantial; and these additional expenditures can be used to better advantage to draft and adopt erosion control standards, stricter septic standards, etc.;

And, because an almost certain LUBA appeal of the temporary moratorium will suspend any benefit from adopting a moratorium for 90 to 100 days, and any extensions may also be appealed, again suspending the moratorium;

And because suitable protective measures can be adopted without a moratorium, I move to deny Ordinance No. 181. J. Scott seconded the motion.

 

Discussion:

There was a discussion about DLCD granting a "stay." Howison said that proof of irrevocable harm would be needed to stay the moratorium. Darnielle said that failure to grant a stay could cause irrevocable harm to the interest they are trying to protect. The moratorium would be in effect until the stay is granted.

ACTION: J. Scott made a motion to extend the meeting past 11:00 p.m. D. Robinson seconded the motion. There were 6 ayes, 0 nays. Motion carried.

 

Meyer asked Darnielle if Mark Chandler’s findings were realistic (see Exhibit E). Darnielle said it depends on the volunteers. Darnielle outlined Denise Kalakay’s (LCOG) duties to help the volunteers with initially pointing the group towards the regulations, plus performing some of the draft work, and then there would be some attorney time involved putting the document into an ordinance format. There was a discussion about the exemptions and removing that exemption from the ordinance. Scott said he did not see any disagreement amongst the council about BMP and protecting the quality of the lake, but did not see the current problem as being development that has yet to happen. Scott suggested making the changes without the need of a moratorium. Hogervorst argued that there would be no progress if there is not a mandate of a moratorium to do it. Petersdorf said the discussions should always include Siltcoos Lake, not just Woahink Lake.

There was a call for the question. There were 3 ayes, 4 nays (Meyer tiebreaker). Motion denied.

ACTION: Della Robinson made a motion to adopt Ordinance 181 with the change of removing PUDs and Subdivisions from Page 2, Section 2, Exempted Development. Peter Howison seconded the motion. Roll call vote: Ayes: Hogervorst, Howison, Robinson, Meyer (tie breaking vote); Nays: Scott, Martin, Petersdorf. There were 4 ayes, 3 nays. Motion carried.

ACTION: Della Robinson made a motion to adopt the Findings of Fact as presented in support of Ordinance 181 as adopted with the inclusion of the supplement changes as provided by Mark Chandler. Peter Howison seconded the motion. There were 4 ayes (Meyer tie breaking vote), 3 nays. Motion carried.

Darnielle instructed the Council that since the moratorium is adopted, a correction program would have to be adopted in 60-days using a public hearing with a 14-day notice to DLCD before that public hearing. It was decided that the meeting would be set for July 6, 2006 at 7 pm. There will be a rough draft at the June City Council Meeting.

ACTION: Peter Howison made the following motion: I move to form a Moratorium Support Committee in view of the immediate nature of the moratorium in order to implement the moratorium and secure its objectives. The committee goal is to implement the moratorium within the stated time period to the best of their ability and the resources at hand. The City shall budget up to $7500 for their purposes, plus such funds as are received by any grants. The moratorium support committee chairman shall have the power to consult with the City Attorney. The Committee shall provide the Mayor with regular updates on progress or additional needs. (The City shall recognize the $2500 citizen financial contribution as a front-end financing for the City and the City shall duly reimburse that contribution.) I propose the following committee members: Johan Hogervorst, David Bellemore, Mark Chandler, Susie Navetta, John Stead, Marilyn Miller, Ralph Farnsworth, Jerry Wasserburg, (Richard Koehler), Karen Peck, and other members chosen at the discretion of the committee. J. Hogervorst seconded the motion. There were 6 ayes, 0 nays. Motion carried.

 

11. Unscheduled Items Not Listed on Agenda – None.

 

12. Executive Session - None

 

13. Adjournment

 

Meyer adjourned the meeting at 12:05 p.m.

 

 

____________________________ _______________________________

Sheldon Meyer, Mayor                               Joanne Hickey, City Recorder