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DUNES CITY COUNCIL MINUTES REGULAR MEETING June 8, 2006 7:00 PM
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: May 11, 2006 B. Bills of the Session: May 12, 2006 through June 8, 2006 totaling $10,105.78.
Dr. Richard Anderson for appointment to the Planning Commission.
E. Resolution 6-08-06 (B), a resolution authorizing an increase in the appropriation for material and services in the building codes fund. There was a request by Councilor Hogervorst to pull Item C, Applications for Appointment – Planning Commission, and place it in New Business for discussion.
3. RECEIPTS OF THE SESSION The receipts for the period of May 12, 2006 to June 8, 2006 totaled $18,560.19.
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.
B. Beckman Zone/Comp Plan Amendment (AMD/RZ-01-06), amending Ordinance 156.093 Booth Island. 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. Howison said he owned property on Booth Island, but would derive no "financial gain or lost potential" and could be impartial when coming to a decision. Petersdorf said he had talked to the Beckman’s, but could also render an impartial decision. Meyer opened the public hearing at 7:35 p.m. and asked for the staff report. Darnielle said Hilary Dearborn was not able to be at the meeting. Darnielle went over the staff report (see Exhibit C). Darnielle said there was new information that was completed that afternoon and went over 156.093 (Attachment A, AMD01-06, part of Exhibit D, the Beckman’s Testimony). Applicants: Marv and Darlene Beckman, 82192 Booth Island, Westlake OR 97493. See Exhibit D. Beckman’s discussed the construction of the access road being that of an existing cat road that would have chips put down for a road bed. Petersdorf asked who would maintain the road. Darlene Beckman said the maintenance details could be addressed in the upcoming minor partition. There was a discussion about phosphates and erosion control. Howison suggested using a packed bed filter for their septic, which was talked about at the Moratorium Support Committee Meeting, due to the lack of electricity. Darnielle said that the partition application was filed prior to the moratorium; therefore, the moratorium exceptions would not pertain to the partition. Howison asked if the lots would be built upon. Darlene Beckman responded that they would be selling the lots, and it would be up to the new owners whether building would occur. Howison asked why the Beckman’s did not propose a subdivision or a PUD. Darlene Beckman said the City Council had made it difficult to plan a subdivision or PUD, so they did not wish to go that route. There was a discussion about two-story dwellings decreasing the foot-print of the site and requiring the smaller lots to keep the building size at 1000 square feet or less. Hogervorst said that items o and p were suggested by the Beckman’s to be eliminated, which addresses ODF&W concerns. Hogervorst suggested dropping item o and amending item p. Petersdorf was opposed to the no hunting restriction, which would preclude duck hunting and fishing. Darlene Beckman said that everything below the 12-foot high water line is in the jurisdiction of ODF&W. Meyer asked if there was anyone who wished to testify in support of the change. Martin Christiansen, 1st Avenue, Florence OR 97439. Christiansen, who owns a lot on Booth Island addressed the need for individual docks for each lot. Christiansen said that a beached boat is a greater liability for erosion and that a dock is the access to each property, the same as a driveway. Christiansen, a geologist, said that Booth Island is a weathered sandstone bridge and that there is hope for well water, since it is typical to find water in such a formation. Christiansen was in favor of the access point and road, since there would be less damage by taking things on and off of the island. He does not have a structure on his property. Meyer asked for opponents. Margaret Hammer, Boy Scout Road, Florence OR 97439. Hammer said CCRs are a good idea, but there would be no Homeowner’s Association to protect the CCRs. On Boy Scout Road, the "shared document" is a disaster. William Gates, Canary Road, Westlake OR 97493. (Not a resident of Dunes City.) Gates said that the Beckman’s knew what was restricted when they bought the property on the island. Gates was concerned that the landowners were not properly notified and that information for the record was not available to the Planning Commission. Gates felt the process has been too loose. Gates other points: There is no legal reason to change goal 5, since the Open Space Overlay can remain forever; the chips will not last and there would need to be a surface that would take care of erosion; there is no facility to take care of fires; there are active landslides from natural process and adding the docks would increase an existing problem; riparian buffers and woody debris is important; more time is needed for planning; the City Attorney is acting as a de facto land use attorney for the applicant; septic system should use alum to flocculate phosphorus to fall out of solution and into the bottom of the septic tank. John Stead, 82505 South Cove Way, Florence OR 97439. Stead read a letter into the record. See Exhibit E. Darnielle disagreed with what completeness meets the minimum requirement and new information can be accepted up to the date of the public hearing. Darnielle did agree that the process has been confusing. Darnielle suggested giving new notice to property owners and continue at the next City Council Meeting. The Beckman’s could waive the 120-day requirement and extend an additional 35 days. Darnielle said the DLCD can be notified 5 days after the action has been taken.
Susie Navetta, 5372 Leavitt Loop, Florence OR 97439. Navetta asked why the Council is even considering the proposal that night. Richard Koehler, 4853 Darlings Loop, Florence OR 97439. Koehler objected to the timeline followed for the proposal, the 3 ½ acres that is under the name of the corporation, the nine or so people going back and forth from the island to the mainland, and that there would be an increase of phosphates at close to 100%. Rebuttal: Darlene Beckman said they did know about the Open Space Overlay when they purchased the property and knew a conditional use permit could be used. The proposal would only add five more residences. The City Attorney is not working on their behalf; they have their own attorney and have the bills to prove it. Property does not have to be bought for parking; Booth Island residents can rent parking. Darlene Beckman commented that there are currently no full-time residents to the island besides themselves, and did not feel that the situation would likely change. They rarely see any people. She said that personal property rights should come into effect at some point. The Beckman’s said they want to take care of the island and follow the law. Meyer closed the public hearing at 9:52 p.m. Deliberation: ACTION: J. Scott made the following motion: I move to deny the requests by Marvin and Darlene Beckman: (1) a Comprehensive Plan amendment/zone change to Tax Lots 200 & 201, Assessor’s Map 20-12-00-00. 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 denied. This denial is based upon the Draft Findings of Fact and Conditions of Disapproval, as modified, for File Numbers AMD 01-06 and RZ 01-06, dated June 8, 2006, that are adopted by reference in support of this decision. B. Petersdorf seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried. The Council discussed which version of the attachment would be used for notification to surrounding property owners. ACTION: B. Petersdorf made a motion to keep Item G of Attachment A as is. P. Howison seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried. Item (k): ACTION: P. Howison made a motion to remove standard of 2a. J. Scott seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried. Item (n): ACTION: J. Scott made a motion to delete section n, thereby allowing individual docks. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried. Item (o): ACTION:
J. Hogervorst made a motion to change item (o) to modify
the last sentence: …In this zone 2000 square foot footprint: ACTION: P. Howison made a motion to limit Section B, Item 3 (a)(b) to a 1000 square foot building footprint. J. Hogervorst seconded the motion. There were 2 ayes, 3 nays, 1 absent. Motion denied The Beckman’s agreed to waive the 120-day requirement extending it by 35-days to make the necessary notifications, to give the Council time to review the new data and to continue the public hearing at the July City Council Meeting. 8. Old Business
A. Beers Trailer: Course of Action
Darnielle suggested the following: 1. Re-inspect the property under the Code. 2. Declare the trailer as a discarded vehicle and abate as a nuisance. 3. The final inspection for the placement permit was never completed and the permit has expired.
9. New Business (New matters, in absences of a compelling reason, may be set over to a subsequent meeting.)
E. Applications for Appointment – Planning Commission
ACTION: B. Petersdorf made a motion to accept the Planning Commission’s recommendation, appointing Dr. Richard Anderson to the 2008 expiring position and David Bellemore to the 2007 expiring position. J. Scott seconded the motion. There were 5 ayes, 0 nays, 1 absent. Motion carried. 10. Reports
APPROVED BY:
____________________________ _______________________________ Sheldon Meyer, Mayor Joanne Hickey, City Recorder
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