WORKSESSION – Dunes City Growing Pains

Present: Mayor S. Meyer; Councilors J. Scott, P. Howison, J. Martin, and R. Petersdorf.

Mayor Meyer prefaced a discussion asking, "How do we manage and prioritize the time and resources that we have – how do we do that?" Meyer said Dunes City has lots of volunteers who have the time and energy to lead the City to what they want to be. Meyer informed the Council of the meeting he had with staff that was necessitated by Christy Lewis’ letter of resignation. Meyer said the result of the meeting was that staff is taking on tasks that require 200 hours per week because of increased demands, but only having 100 hours of budgeted staff time. Lewis presented her resignation as a result of not being able to keep the hours she was hired to work at 25 hours per week. Meyer said he pledged to Lewis to keep her hours at the hours she was hired to do. Meyer said he does not want to see a staff, which is the best that he has seen since he has been with the City, burn-out and leave. The City is in a critical time in its evolution when it needs a team that has been together and can become more productive. To bring in new personnel would require time to get up to speed in a unique city such as Dunes City. Meyer said it is hard for a City to be expected to be run by just its volunteers, so he proposed having Joanne Hickey be the front person for City Hall that would make the decision of what does or does not get done. Meyer said that he has a fulltime job and is not available to make the daily decisions that are required of City Hall.

Meyer said it is hard to run a city with volunteers and suggested designating Joanne Hickey as "point man" for prioritizing volunteer requests. Scott agreed that Hickey could act as City Manager to prioritize routine mandated work, and then schedule extra duties as time allows. Petersdorf said Hickey had been salaried to do that about a year ago. Howison said that the salary did not compensate for the extra responsibility. The Council suggested that staff be backed 100% using Hickey as a first line for Councilors, volunteers and the public for requests of staff time, then use the Mayor to appeal if needed.

There was a discussion about how to make the meetings shorter in duration. Meyer acknowledged that he needs to use the gavel more often, but feels that the public needs to be heard.

Martin said that it is the perception of volunteers at committee-type meetings that "its staff’s job" to do the various tasks. Martin said much of the work could be done by the volunteers themselves, since staff did not have the time to take on additional workload.

Hickey outlined a proposal to hire a front desk person through Cardinal Employment that would allow the flexibility to add or subtract work hours based on the workload for that week. The Council was in agreement. Howison said that initially there will be a six month slow down due to the moratorium, but the workload will pick back up as people move into the City with its complexity, so he would like to see a three to five year plan that would at least double the staff. Martin thought the build-out would be longer than three to five years. Scott said currently the area has gone from a 4-month residential inventory to a 10-month inventory.

Lewis had a request that the City allow and "opt-out" benefit in lieu of the $500 health insurance benefit provided by the City. Lewis would like to collect on the benefit as a supplementary insurance to her husband’s work health benefit, but as explained by Hickey, it is not an option. For Lewis to enroll her family under the City’s benefit, it would cost Lewis an additional $400-$500/month. Hickey, after talking to Coast Insurance, suggested a stipend of 50% of the benefit, or possibly fund Lewis’ for out-of-pocket expenses that are not covered under her husband’s insurance. Howison explained the option where he works; if you elect to not sign up for medical insurance, a bonus is added to their paycheck, since it pays the employee for using the least expensive option for saving the employer money. Petersdorf said Hickey and Meyer should get together and determine the most economical way for the City, not needing the Council’s approval.

Meyer said he would commit to half-hour a week to talk to Hickey on the phone regarding City business.

Petersdorf asked Tinker about her workload. Tinker said it was heavy, but thought that hiring the right person through Cardinal would work well. Hickey brought up the subject of medical insurance for Tinker. If she added her husband to the City’s insurance policy, it would cost Tinker an additional $300 out-of-pocket. Howison said since the staff is small, the City could manage to handle the stipend to cover medical expenses. Hickey will discuss with Lewis and Tinker, then discuss with Meyer at a later date.

Lewis rescinded her letter of resignation.

Hickey reported to the Council that she has been attending emergency response meetings (twice per month) in Florence (see Exhibit A). Hickey explained that several local agencies will pool resources to secure grant money to plan for emergencies and warehouse supplies for an event. Hickey said the agencies include Dunes City, City of Florence, the Port of Siuslaw, Siuslaw Valley Rural Fire District, and Western Lane Ambulance. As a dues paying member of the group, Dunes City would have input into the plans. Petersdorf commented that if there were an emergency, the Siuslaw River Bridge would not allow citizens of the City to get to the needed help. Hickey responded by saying that many residents would be in Florence shopping, at the doctors/hospital, attending school, or working. Hickey said the next meeting would be July 24^th. Hickey provided a document for the Council to look over and provide any comments to her prior to the meeting.

The worksession was closed at 6:55 p.m.

Call to Order, Roll Call and Pledge of Allegiance

Mayor Meyer called the regular meeting to order at 7:05 p.m.

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

ABSENT: Councilors J. Hogervorst (excused) and D. Robinson (unexcused).

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 32 citizens from the community.

After roll call, Mayor Meyer read a letter from Della Robinson stating that she would not be attending that night’s meeting, but planned to attend the August meeting. The letter also said she intended to remain on the Council until either her property sold or until the end of her term. Petersdorf read a portion of the City Charter (Section 31) that addressed an absence from the City or unexcused absences at the City Council meetings.

ACTION: B. Petersdorf made a motion that Della Robinson vacate the City Council position. J. Scott seconded the motion.

Discussion:

Howison said Robinson did return to Dunes City for a June 18^th meeting that was cancelled. Petersdorf said that Robinson had been absent from the last two City Council meetings. Howison said Robinson has asked that this meeting be excused. Scott said that the letter did not ask to be excused, but was a statement. Scott further said that he did not believe that Robinson serves at her own convenience and that it was the City Council’s responsibility to declare the position vacant and appoint another Councilor. Martin said that if Robinson is flying back and forth from the east coast and is in the process of selling her home, Martin did not believe that Robinson could be an effective member of the Council. Darnielle said that Robinson has not been picking up the Council packets, so Robinson had not kept up on what the Council has been doing.

Vote: There were 3 ayes, 1 nay (Howison), 2 excused. Motion carried.

Meyer said the seat has been declared vacant. After a discussion of the Council to decide if the position should be left open until the next election or immediate appointment, Meyer directed staff to notice the public that applications would be accepted immediately for an appointment at the next meeting. The appointment would expire at the end of 2006. The position would be on the ballot for the election.

Meyer concluded the roll call.

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: June 8, 2006

B. Bills of the Session: June 9, 2006 through July 13, 2006 totaling $20,921.93.

C. Applications for Appointive Office

Water Quality Control Committee: Application received from Rick Cox.

Budget Committee: Application received from Linda Lauck. Budget Officer recommends re-appointment.

There was a request by Martin to pull Item A, Minutes of June 8, 2006.

ACTION: P. Howison made a motion to approve the Consent Agenda minus Item A. J. Martin seconded the motion. There were 4 ayes, 0 nays, 1 excused, 1 vacant. Motion carried.

Martin said the heading on page 3 of the minutes was incorrect and suggested Lewis get together with Tinker to make the correction. Howison said there should be a correction on page 1, last line reflecting 5 ayes, 0 nays, 1 excused. Meyer directed that the changes be made and the minutes be brought back to the August meeting for approval.

 

3. Receipts of the Session

The receipts for the period of June 9, 2006 to July 13, 2006 totaled $24,283.27.

4. Announcements and Informational Items

 

A. Art Exhibition: Dunes City Residents/South of the Bridge artists. Fourteen local artists are showing their works for the months of July and August in conjunction with the Festival of the Lakes Celebration.

B. Festival of the Lakes, August 19^th, 10 am to 4 pm at Dunes City Hall. There will be a Photo Contest for the festival. Photos must be received by August 16^th.

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

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. George Burke, 4838 Lake Blvd, Westlake, OR 97493. Burke presented documentation of the method used to dispose of septic tank contents. See Exhibit B. Burke outlined his dispersal site visit. The site is a 300 acre ranch where the treated sewage is sprayed onto the fields. To treat the sewage, lime is added and the contents are aerated for 30 minutes to bring the ph level up to over 12 (acid). The contents sit for 30 minutes after which time it is sprayed onto the fields. The process is repeated about five times per week. The area is cleared of cattle for 24 to 72 hours (depending on weather conditions). Burke said the process is monitored by DEQ once per year. When the area was first being used, there was monitoring of run-off and streams for four years. Burke said the site is a long way from Maple Creek.

B. Wally Shoults, 4988 Lake Drive, Florence, OR 97439

Shoults read a letter (see Exhibit C) that outlined a problem in the Lake Drive neighborhood where a single family residence (after being upgrading from a 2 bedroom, 2 bath to a 4 bedroom, 4 bath) is being used as a commercial vacation rental. The renters are using the shared common area of the dock and lake area that is limited to property owners. Shoults said the house is being used by multiple families (as was never intended for the septic system) and there have been two cases of giardia in the neighborhood.

The owner, Don Jewell, has hired Dolphin Properties to manage the property. Shoults described the renters as being loud partiers that dispose of beverage containers and lit cigarette butts over the deck and down into the forested area below. The neighbors are extremely concerned about wildfires. Shoults said he has incurred property damage from the renters.

Darnielle said the Council would need to decide if there is a commercial business leading to a zoning violation. Darnielle said the CCR violation could be taken to circuit court by the homeowners of the subdivision. Petersdorf said that Shoults came before the Road Commission with the complaint of parking in the road right-of-way. Petersdorf said he has visited the area after work and has not seen the parking problem yet.

Martin asked that Shoults provide photos or video to document the nuisance. Scott asked if vacation rental are allowed in Dunes City. Darnielle said that they were, but when the property is turned over to a property management company, it becomes a commercial enterprise.

C. David Persons, 4982 Ford Way, Florence OR 97439.

Persons lives 100-feet from the Jewell property. Person confirmed the accuracy of Shoults’ statement. Persons had contacted Katrinka Knox, Lane County Sanitarian, to confirm that there has never been a septic upgrade since the system was installed in 1976 for an 1100, 2 bedroom residence. Persons is the president of the private water system and there have been 2 cases of giardia reported to the State. The water system is under State mandate for the security of the water system. Persons said control of the dock/lake access area has been lost, even though the area is marked as "No Trespassing." Shoults said a Lane County Deputy had responded to a trespassing call, but informed the resident owners that they were not to call Lane County unless there was a threat of life. The Deputy instructed the renters to not worry about the trespassing which does not seem right. Persons said the property is completely booked through the summer, sometimes being occupied by five families at a time. Persons expressed feelings of frustration and violation.

D. Robert Ash, 4964 Lake Drive, Florence OR 97439.

Ash said that beer bottles and cigarettes are being thrown over the balcony and the parties are so loud and raucous that he does not want to take his visiting grandson down to the dock area. The neighbors know that come Monday, they will have to go down and clean up the common area.

E. Charlene Day, 4977 Lake Drive, Florence OR 97439.

Day reiterated that there are water and fire safety concerns.

F. Jason Sharpe, 4979 Lake Drive, Florence OR 97439.

Sharpe lives next to the property. The rental has accommodated five or six families who park on Sharpe’s property with no regard. Sharpe said his teenage son has been subjected to the bad behavior of the partiers.

 

G. Diana Landon, 4001 Ford Way, Florence OR 97439.

Landon said she has only recently bought her property. Landon was led to believe from the realtors that it was a private neighborhood. The noise from the rental groups has kept her awake and she is fearful of fire from their careless behavior.

H. Gary Barnes, 5023 Ford Way, Florence OR 97439.

Barnes questioned the influence of the City Council with Lane County. Darnielle instructed Barnes to start with the Lane County Commissioners, since the City does not carry much influence.

Mayor Meyer moved the Agenda to Item 8, New Business, Item A. Please see in order of

agenda.

7. Old Business

 

A. Water Permit/Septic Database Management

 

Darnielle explained the proposal from LCOG for the database. See Exhibit D.

 

Hickey said that with the $2000 grant from Hogervorst and the $3500 - $4000 allocated for a server, it would lessen the financial impact.

 

ACTION: B. Petersdorf made a motion to approve the authorization of the database as proposed by LCOG. J. Scott seconded the motion. There were 4 ayes, 0 nays, 1 excused, 1 vacant. Motion carried.

Mayor Meyer moved to the Public Hearings portion of the agenda due to the time. Please see in order of agenda.

 

Tinker said the Planning Commission recommends approval of the final plat for the Woods on Woahink Subdivision. Petersdorf asked for clarification for the streetlight required at the end of the street at the cul-de-sac turnaround. Tinker said it is a requirement.

 

ACTION: J. Scott made a motion to approve the final plat for the Woods on Woahink Subdivision, File SUB01-05. B. Petersdorf seconded the motion. There were 4 ayes, 0 nays, 1 excused, 1 vacant. Motion carried.

 

Tinker said the Planning Commission recommends approval of the final plat for the minor partition for CDS Properties, LLC, File No. MP 03-06.

There was a discussion of a shoreland violation that occurred with a previous CDS Minor Partition that did not have anything to do with MP 03-06.

 

ACTION: J. Scott made a motion to approve the final plat for the Minor Partition, CDS Properties, LLC, File No. MP 03-06. B. Petersdorf seconded the motion. There were 4 ayes, 0 nays, 1 excused, 1 vacant. Motion carried.

 

Tinker said the Planning Commission recommends approval of the final plat for the minor partition for Laurel Crossing, File No. MP 01-06.

Martin said that there is nothing that shows the public road dedication. There was discussion and decision to put the deed restriction on the final plat.

 

ACTION: J. Scott made a motion to approve the final plat for the Minor Partition, Laurel Crossing, LLC, File No. MP 01-06 with approval subject to a deed restriction being placed on the final plat. B. Petersdorf seconded the motion. There were 4 ayes, 0 nays, 1 excused, 1 vacant. Motion carried.

 

 

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

A. Reedal request for extension for the 3 ½ foot fence height.

ACTION: P. Howison made a motion to grant the Reedal’s request for an extension to leave the six-foot high fencing at the front of the property until the end of the Moratorium’s revision of the land use ordinances. J. Martin seconded the motion.

Discussion: Darnielle said that at the end of the 120-day period, the Moratorium Support Committee should have a draft of the ordinance revision. Darnielle said September 8^th will be the end of the 120-day period.

Alice Helmuth: Helmuth was opposed to the extension stating that it was Councilor Petersdorf who first brought the violation of the fence height to the attention of the City. Helmuth said the 6-foot fence at the front of the property is illegal.

Richard Reedal: Reedal stated that the action is not just for his parents, but there are other citizens in Dunes City who are illegal when it comes to the 3 ½-foot height restriction, so it is for their benefit also.

Vote: There were 3 ayes, 1 nay (Howison), 1 excused, 1 vacant. Motion carried.

9. Reports

A. Report by City Attorney - G. Darnielle

Darnielle reported that the LUBA appeal for Woahink Ridge PUD had been remanded back to the City. The City has 90 days to approve or deny. The Council decided to bring it back to the City Council, since the Planning Commission has many newly appointed members. The City has not received the PUD back yet.

There was a discussion about having a special ethics class for the City Council and Planning Commission. It was decided to wait until after January for Darnielle to put on a special meeting. There will be a Planning Commissioner Training in Eugene on September 17 at a cost of $85 for those who wish to attend. Darnielle said the class is appropriate for the City Council as well as Planning Commissioners.

B. Road Commission – Road Report - R. Petersdorf

C. Parks & Recreation/Conservation Committee - Vacancy

D. Site Review Committee - J. Martin

 

The Sassi-Sinclair property on Hilltop Drive was foreclosed. Darnielle indicated that the City lien is last on the list for collection on the lien and it appears doubtful that the city will receive any money.

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

Scott reported that algae blooms on Woahink Lake are non-toxic. The Septic Maintenance Ordinance implementation is awaiting the development of the database by LCOG.

F. Community Center - P. Howison

 

Howison reported that the City Hall’s new septic system will begin construction soon. The Moratorium Support Committee is working in subcommittees. The DLCD has approved a grant; however, the City has not seen any money yet.

G. Grants/Franchises/Licenses /Moratorium Support J. Hogervorst

H. Mayor’s Report - S. Meyer

I. Planning Report - T. Tinker

Tinker reported that the Planning Commission will be looking at the Sunset Ridge Final Plat, two minor-partitions from the Beckman’s, and the shoreland violation off Cloud Nine Road (Esrig).

10. Public Hearings - to begin promptly at 8:30 p.m.

A. Ordinance 183, an ordinance amending Ordinance 150 and adopting an amended fee schedule for building code-related activities requiring permits and providing that future changes to the fee schedule may be done by resolution. Second reading and possible adoption.

ACTION: B. Petersdorf made a motion to have the second reading of Ordinance 183, by short title only. J. Martin seconded the motion. There was a roll call vote: J. Scott, P. Howison, J. Martin, B. Petersdorf: Aye. There were 4 ayes, 0 nays, 1 excused, 1 vacant. Motion carried.

It was noted by the City Attorney that a public hearing should have been opened allowing testimony to be taken prior to a vote of the Council.

Meyer opened the public hearing asking for testimony for and against the Ordinance. There were none.

B. Jim and Diane Watkins Variance (VAR-01-06), 5045 Ford Way.

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

Petersdorf raised a concern about the loft over the garage being converted to living quarters in the future. Petersdorf was also concerned that the Watkins were parking their cars in the City right-of-way now. Watkins said the house had been there since 1973, and the new proposal actually moves their parking further away from the right-of-way. Howison asked for some clarification concerning some existing shrubs.

Meyer asked if there was anyone who wished to testify. There were none.

ACTION: J. Scott made a motion to accept the Staff Report and Finding of Fact as presented and approve the variance with the one condition. P. Howison seconded the motion. There were 4 ayes, 0 nays, 1 excused, 1 vacant. Motion carried.

C. Beckman Zone/Code Amendment (AMD-01-06), amending Ordinance 156.093 Booth Island (continuation).

1) Ordinance 184, an ordinance amending Ordinance 50 and modifying Section 156.093 of the Dune City Code.

First, second readings and possible adoption.

Mayor Meyer read the hearing procedure notifying the public of their rights.

The Council discussed the conditions making changes as necessary (see Exhibit F for changes). Darlene Beckman provided a letter regarding the formal request for a change in the requested amendment of Section 156.093 (Booth Island). See Exhibit G.

Meyer asked if there were anyone who wished to speak in support. There were none. Meyer asked if there was anyone opposed who wished to speak.

Chris Braun, PO Box 863, Veneta OR. Letter read into the record by John Stead (see Exhibit H).

John Stead, 83505 South Cove Way, Florence OR 97439. Stead read a letter into the record (see Exhibit I).

Rebuttal: Darlene Beckman responded to Braun’s letter by saying there was no change in the R1 zoning and that the Findings of Fact state that there is a higher set of standards. Marv Beckman said they have taken 32 possible lots down to 9 lots, reducing the impact to the lake from septic systems.

Mayor Meyer closed the Public Hearing at 9:42 p.m.

Council Deliberations:

The Council went over the changes to the Ordinance (see Exhibit F).

ACTION: J. Scott made a motion to have the second reading of Ordinance 184 by title only as amended. J. Martin seconded the motion. There were 4 ayes, 0 nays, 1 excused, 1 vacant. Motion carried.

ACTION: J. Scott made a motion to adopt the language change. B. Petersdorf seconded the motion. There were 4 ayes, 0 nays, 1 excused, 1 vacant. Motion carried.

ACTION: J. Scott made a motion to adopt Ordinance 184 as amended. J. Martin seconded the motion. There was a roll call vote: J. Scott, J. Martin, B. Petersdorf – Aye; P. Howison – Nay. There were 3 ayes, 1 nay, 1 excused, 1 vacant. Motion carried.

 

11. Unscheduled Items Not Listed on Agenda

Petersdorf asked Hickey if a liquor license had come through Dunes City for Darling’s Resort. Joanne said she would check into it.

12. Executive Session – None.

13. Adjournment

 

Meyer adjourned the meeting at 11:02 p.m.

 

 

____________________________ _______________________________

Sheldon Meyer, Mayor                                     Joanne Hickey, City Recorder