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. Scott, P. Howison, J. Martin, and R. Petersdorf. J. Hogervorst was a couple of minutes late in arriving.

ALSO PRESENT: G. Darnielle, City Attorney; T. Tinker, Planning Secretary; C. Lewis, Recording Secretary; LCAN; Denise Ruttan, Siuslaw News; and approximately 35 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: June 8, 2006 and July 13, 2006

B. Bills of the Session: July 14, 2006 through August 10, 2006 totaling $34,632.25

C. Applications for Appointive Office

Conservation Committee – David Bellemore

Water Quality – Mark Chandler

There was a request by Councilor Martin to pull the application of David Bellemore, Planning Commissioner, from Item C, Applications for Appointment – due to a possible conflict of interest. Mayor Meyer adjusted the agenda by placing the topic in New Business for Council discussion.

ACTION: P. Howison made a motion to approve the Consent Agenda minus the application for appointment from David Bellemore in Item C. J. Scott seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried.

 

3. Receipts of the Session

The receipts for the period of July 14, 2006 to August 10, 2006 totaled $17,632.26.

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 month of 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.

D. Committee Vacancies: Budget Committee (two positions open)

5. Vacant City Council Position

Appointment of City Councilor and the Oath of Office – Application received by

Lee Riechel.

Councilor Howison asked that Riechel answer questions as part of an interview process before appointment of the position. Meyer agreed. In a series of questions, Howison asked Riechel his position on the developmental moratorium. Riechel was concerned that the Moratorium Support Committee had not followed a problem solving methodology addressing the quality and quantifying the nature of the water quality problem. Howison asked Riechel’s position on continuing the moratorium. Riechel answered that he did not see how his position should pertain to the process. There was a comment from Howison regarding the CCI recommendations for the Code Revision of 155 and 156 not being included into a draft (of which Riechel chaired the Planning Commission, which did not include those changes), of which was tabled at a previous City Council meeting. Riechel responded that the tabling of the revision was a personal disappointment. Councilor Martin commented that in the edit of the revision, there was a major change that included Booth Island. Howison asked Riechel if it would be premature to pass the Code Revision Ordinance. Riechel responded that the Council could have the first reading, and in fact, Riechel has some additional information that he would like to submit regarding solar access.

ACTION: J. Scott made a motion to appoint Lee Riechel to the vacant City Council position. J. Martin seconded the motion. There were 5 ayes, 0 nays. Motion carried.

Planning Secretary Teri Tinker (in the absence of the City Recorder) administered the Oath of Office to Riechel. Riechel took his place at the Council dais.

6. Guest Speakers - None.

7. 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. Susie Navetta and Richard Koehler, 5372 Leavitt Loop, Florence OR 97439.

Navetta provided a copy of news article concerning a tanker spill (see Exhibit A). Koehler read two letters authored by Navetta: 1) a letter to the City Council, and 2) a suggested letter from Meyer to ODOT (see Exhibit B). Note: letters were provided in Council packets under Councilor Scott Reports (see Exhibit B).

B. Ralph Farnsworth, 83837 Highway 101, Florence OR 97439.

Farnsworth read a letter concerning budget information (see Exhibit C).

 

C. Norman Martin, 83750 Rio, Florence OR 97439.

Martin read from a report from the Center of Lakes and Reservoirs stating that the phosphorus levels in Woahink Lake were very low. Martin read an e-mail from J. W. Sweet to Mark Chandler with a quote that "Woahink looks in great shape." Martin also identified for the public that the Draft Erosion Control Ordinance being presented to the Council by the Moratorium Support Committee states that prior to plat approval, any soil disturbance of 800 square feet, which is a garden size of 28’ x 28’ and would require a planning process 3-months to get the approval of the City Council of such a garden (excavation). In addition, 1-inch of rain in a 24-hour period would halt all construction for 24-hours after the calculated rainfall.

 

8. Public Hearings – began at 7:15 p.m.

A. Minor Partition – Charles Bang

Mayor Meyer opened the Public Hearing at 7:33 p.m.

Meyer read the hearing procedure notifying the public of their rights. Meyer asked the Council to declare any conflicts of interest. There were none. Meyer asked the Council if there were any ex parte contacts. Petersdorf said he has talked to Bang a couple of times regarding the roads. Tinker presented the Staff Report and Findings of Fact, recommending approval with three conditions (see Exhibit D).

Applicant: Charles Bang, 83474 Woodland Lane, Florence OR 97439.

Bang said he moved onto the property in 2003 full time and he would like to partition the property to provide a place for his kids from Florida to spend the summer close to them. Bang said he feels he has covered all the requirements.

 

Petersdorf identified a need for emergency vehicles to get in and out of the property and would like to see a condition for a turnaround.

Meyer asked for proponents: There were none.

Meyer asked for opponents: There were none.

Meyer closed the public hearing at 8:48 p.m.

Councilor Riechel said the tabled land use revision would remove the 60-foot requirement if a property could not be further subdivided. Riechel suggested that the Planning Commission take that issue out of the revision and put it in Ordinance form for implementation.

Riechel identified a possible condition that the Final Plat show areas that have 12% or greater slope requiring a site review before development. Riechel said he would refrain from voting, since he was a member of the Road Commission when the partition was being reviewed; he would not have a biased vote, but would like to abstain. It was identified that 12% slope would require a site review and 15% slope would require engineering and design.

Councilor Hogervorst said the homesite is on a 20% slope and that there is a conflict with the turnaround. Riechel suggested extending the easement to show the emergency turnaround. Tinker said that the Conservation Committee reviews the site for building issues.

ACTION: J. Scott made a motion to approve the Minor Partition MP 05-05 for Charles Bang with the three conditions identified in the Findings of Fact plus three additional conditions: 1) show slope of 12% or greater on final plat; 2) site review required for shoreland; and 3) additional easement for emergency turnaround.

B.Petersdorf seconded the motion. There were 5 ayes, 0 nays, 1 abstained (Riechel). Motion carried.

 

B. Minor Partition – Marv and Darlene Beckman

Mayor Meyer opened the Public Hearing.

Meyer read the hearing procedure notifying the public of their rights. Meyer asked the Council to declare any conflicts of interest. Howison said he owns property on Booth Island, but has no financial interest in the Beckman proposal. Meyer asked the Council if there were any ex parte contacts. Riechel said he had been out to Booth Island on site reviews, but had no discussion and there were no additional discovery of facts. Tinker presented the Staff Report and Findings of Fact, recommending approval with one condition (see Exhibit E).

Applicant: Marv and Darlene Beckman, 82150 Booth Island, Westlake OR 97493. The Beckman’s asked if there were any questions they could answer from the Council. There were none.

 

Meyer asked for proponents: There were none.

 

Meyer asked for opponents:

 

Jerry Wasserburg, 84606 East Lake Drive, PO Box 2959, Florence OR 97439.

Wasserburg commented on the transporting of heavy equipment by water access and also asked if the condition for a septic tank had been reviewed.

Rebuttal: Darlene Beckman said the materials are floated on a barge and unloaded from a ramp. The new lots will have one access point. Beckman said they can access water from a well (low producing) and have a water permit for restricted use on Siltcoos Lake to cover any well water shortage. Beckman said that as a condition of the Ordinance for Booth Island, the septic system that is required has a 100-year time period before phosphorous would travel to the lake.

Meyer closed the public hearing at 8: 13 p.m.

It was identified that the final plat should show the shoreland setback and sloped areas.

ACTION: B. Petersdorf made a motion to approve Minor Partition MP 04-06 for Marv and Darlene Beckman with the two conditions identified. P. Howison seconded the motion. There were 6 ayes, 0 nays. Motion carried.

 

C. Minor Partition – Beckman Enterprises, LLC.

Mayor Meyer opened the Public Hearing at 8:18 p.m.

Meyer asked the Council to declare any conflicts of interest. Howison said he owns property on Booth Island, but has no financial interest in the Beckman proposal. Meyer asked the Council if there were any ex parte contacts. Riechel said he had been out to Booth Island on site reviews, but had no discussion and there were no additional discovery of facts. Tinker presented the Staff Report and Findings of Fact, recommending approval with one condition (see Exhibit F).

Applicant: Marv and Darlene Beckman, 82150 Booth Island, Westlake OR 97493. Darlene Beckman said there was one correction to the Staff Report to change the acreage to 15.25 acres.

Riechel asked about parking. Darlene Beckman said they have purchased a commercial lot that will be used for off-street parking for eight vehicles. Howison questions the setback being more than 50-feet on one site. Beckman answered that the slope was much better for a building site. Petersdorf said that there is a designated airstrip in the partition area. Beckman said the airstrip is overgrown and vegetation cannot be removed as a condition of the Open Space Overlay. In addition, the use of the airstrip would not be allowed in the overlay.

 

Meyer asked for proponents: There were none.

 

Meyer asked for opponents: There were none.

 

Meyer closed the public hearing at 8:27 p.m.

 

ACTION: J. Martin made a motion to approve Minor Partition MP 05-06 for Beckman Enterprises, LLC with the same two conditions as identified in MP 04-06. P. Howison seconded the motion. There were 6 ayes, 0 nays. Motion carried.

 

9. Old Business

A. Final Plat – Sunset Ridge

Hogervorst voice a concern of Condition #7 regarding the cross drainage on the driveways and what methods were being used. Applicant’s agent Michael Farthing identified page 2, Exhibit H, showing the construction of a check dam at 35-feet intervals.

ACTION: L. Riechel made a motion to approve the Final Plat for the Sunset Ridge Subdivision. B. Petersdorf seconded the motion. There were 5 ayes, 1 nay (Hogervorst). Motion carried.

 

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

ACTION: J. Martin made a motion to have the first reading of Ordinance 182 by short title only. B. Petersdorf seconded the motion. There were 4 ayes, 2 nays (Hogervorst and Howison). Motion carried.

Howison questioned how the agenda was set allowing the reading of the ordinance when LCOG is in the process of drafting a new revision from a more modern model cities code. Petersdorf said that at the present time, the City does not have an ordinance that is working. Petersdorf suggested having a solar access ordinance that stands by itself. Hogervorst made the accusation that there was subversion in the setting of the agenda, since the Mayor acknowledged that he did not know Ordinance 182 was on the agenda until recently. Meyer offered an explanation as to why he had not reviewed the agenda. Martin said there will be a reconciliation; that Ordinance 182 should be passed, then reconcile the document with the water quality document. Hogervorst said it was Ordinance 182 that polarized the City, since the CCI concerns were not addressed. Darnielle was under the impression that DLCD would have to review the document, but it was later clarified that the current document had the 45-day notice and was reviewed by DLCD. Darnielle said LCOG is only 20 – 30 hours away from developing a first draft of a newer code revision, although it would only be a first draft and it would take time to develop a final draft. Hogervorst said he has received a $17,000 grant by building trust with Amanda Puntin, whom Hogervorst characterized as viewing Dunes City as less than serious. Martin stated that she worked closely with Amanda Puntin during the Wetland Inventory update and had an excellent response from Puntin, who praised the document that Dunes City completed with the grant money from DLCD. Darnielle acknowledged that the $17,000 grant is not funding the land use code revision, but only the water quality portion. Meyer suggested finishing the process so that a comparision could be made with the land use code revision. Riechel said the City has been through the model cities code with LCOG once many years ago, and found out at that time that the model code was directed towards much larger cities. Riechel said the City, at that time, decided that the format was okay, but what the City will get from LCOG will not take in any organizational changes. Darnielle said that the subdivision code does not comply with state law and that procedure would take about ½ hour to complete. Darnielle said the latest revision will show the legislative history.

Petersdorf suggested having the first reading now, then the City will receive the LCOG document and may not have to go through with a second reading. Howison said the ordinance was tabled because of the protection of water quality, etc. would be appealed and be an embarrassment to the Council. Darnielle said that DLCD should be notified that there will be a different evidentiary hearing date.

Public input was allowed by Mayor Meyer.

Cynthia Chander, 4934 Lakeshore Drive, Florence OR 97439. Chandler read a letter into the record (see Exhibit G).

Mark Chander, 4934 Lakeshore Drive, Florence OR 97439. Chandler read a letter into the record (see Exhibit H).

David Bellemore 83584 Salal, Florence OR 97439. Bellemore protested the reading of Ordinance 182 calling for responsible development. Bellemore said the MSC has spent 940 collective hours reviewing the model cities code and that job needs to be completed.

Norman Martin, Rio, Florence OR 97439. Martin said all meetings for the prior land use code revision were open to the public for any input. Martin said the review of the moratorium by DLCD indicated that the City did not meet the ORS Statute, but the Council enacted the moratorium despite DLCD’s recommendation, which is a breach of the Council Oath of Office. Martin said the Moratorium Support Committee has "cherry picked" points to suit what they want to do. Mark Cherniak is being used to justify facts and is paid by the MSC. Martin said that blooms are normal in all waters and that there has been no toxic algae bloom as proported as a fact. Martin said there were facts that were ignored. Martin said the prior speaker is against development in Dunes City and there have been quotes from members that they have to "get Rob Ward, the developer"…then they changed their reasoning to protect water quality. Martin said Farnsworth himself has said the water in Woahink Lake is terrific.

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

Jerry Wasserburg, 84606 East Lake Drive, Florence OR 97439. Wasserburg read a motion that occurred at the April 13, 2006 City Council meeting by Howison. Wasserburg said the CCI function was not legal by law, so the current work should continue and set good legislation.

Darlene Beckman, 82150 Booth Island, Westlake OR 97493. Beckman said that Ordinance 182 as it stands is better than the current code (155 and 156). Beckman suggested adding into the ordinance such things as the erosion control, which could take months or years.

Lori Robertson, 83623 Jensen Lane, Florence OR 97439. Robertson said Ordinance 182, a watered down land use policy, should be stopped and the Council should support the current work with LCOG.

ACTION: VOTE FOR THE PREVIOUS MOTION: There were 4 ayes, 2 nays (Howison and Hogervorst). Motion carried.

Mayor Meyer read Ordinance 182 by short title and asked staff to give notice and set a public hearing date. Petersdorf requested that the notice be done by display ad. Darnielle said the display ad would be adequate for notice.

C. Road Inspection Fee - Gary Darnielle

Darnielle presented a copy of a draft Road Inspection agreement that would cover expenses for final plat approval. Darnielle said an ordinance or a resolution would be needed to cover the fee and the Road Commission would need to identify the items of inspection. Meyer directed staff to implement the agreement.

 

10. Moratorium Report

A. Moratorium Extension Request – Discussion deferred to Item D below.

 

B. Erosion Control Ordinance – Hogervorst reported on the progress of the Moratorium Support Committee and presented the minutes for the recent meetings. Hogervorst said that staff wants to wait until the database is complete to implement the Septic Maintenance Ordinance, but identified that letters could be sent out to the first group of properties scheduled for inspection. There was a proposal by the MSC to hire Richard Koehler to scan the septic files from Lane County Sanitation for a cost of $6200. Scott said that it should be the responsibility of the property owners to do the septic mapping instead of paying $6200. Riechel said that from his recent experience of updating his septic system, the map in possession of the Lane County Sanitarian is not adequate as the measurements were inaccurate. Martin said that many people have drawings and the ordinance is set-up in a four to five year period. Hogervorst said Ehlers (Lane County Sanitarian) could manage about 15 properties per month.

C. Chernaik Ordinance – Did not discuss.

D. Update on MSC Expenditures – Martin asked there has been an accounting of the expenditures for the moratorium. Hogervorst said that Chernaik is the only expense and the grant is being used to pay LCOG and Gary Darnielle. Darnielle said a bill will be sent to the City for July and August once the contract is signed. Scott asked that Ehlers and Knox be invited to attend the Building Contractors meeting on August 23^rd. Riechel again brought forth the opinion that there has not been a methodology for problem solving used by the MSC and that no analytical work has occurred to identify priorities, which is needed on a limited budget. Hogervorst commented that they are not reinventing the wheel

ACTION: P. Howison made a motion that the City notify DLCD of the intention of a public hearing to evaluate the progress of the moratorium support committee and discuss the extension of a moratorium. J. Hogervorst seconded the motion. There were 2 ayes, 4 nays. Motion failed.

There was a clarification of the Council that with the rejection of the above motion, there would not be an extension of the moratorium.

 

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

Consent Agenda Item Pulled: Applications for Appointive Office - Conservation Committee – David Bellemore

Martin said she was concerned that there might be a conflict of interest with Bellemore being a Planning Commissioner. Darnielle said that a conflict occurs mostly with a Councilor being a member of a committee. George Burke said that Planning Commission is a decision making body and the City Council level is for appeals of those decisions. Riechel said that the Planning Commission had never previously had an Conservation Committee issue come before them while he was Planning Commissioner. Burke said there will be more buildable lots on the shoreland with the new subdivisions and minor partitions requiring more decision making activity at the Planning Commission level. Darnielle said there would be a conflict, but the conflict could be resolved in a couple of ways; Darnielle said he would bring an opinion back to the Council at the next meeting. Petersdorf suggested appointing Bellemore in the meantime.

ACTION: B. Petersdorf made a motion to approve the appointment of David Bellemore to the Conservation Committee. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried.

 

 

A. Ordinance 185, an ordinance providing penalties for failure to pay annual administrative water permit fees or report water meter readings in a timely manner.

ACTION: B. Petersdorf made a motion to have the first reading of Ordinance 185 by short title only. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried.

Mayor Meyer read Ordinance 185 by short title.

 

B. Election Discussion: See Memo

The discussion before the Council was how to fill the election vacancies. It was decided that the four council seats (three seats with a four-year term, one seat with a two-year term) would be filled with the first, second and third place electors receiving the four-year terms and the forth place elector receiving the two-year term.

 

C. Intergovernmental Agreement with LCOG for water quality and land use planning technical assistance.

Darnielle said the agreement amount should be reduced by the Chernaik invoice.

ACTION: B. Petersdorf made a motion to approve the Intergovernmental Agreement with LCOG for water quality and land use planning technical assistance with the amended amount. P. Howison seconded the motion there were 6 ayes, 0 nays. Motion carried.

D. Esrig Shoreland Violation

Dave and Kim Esrig, 2427 Lincoln Street, Eugene OR. The Esrigs said their intention was to build a dock before building a cottage. The logs in the lake along their shoreline were a swimming hazard. Esrigs said they contacted Dunes City and Division of State Lands and thought they were working along the guidelines of those agencies. Esrigs said they hired someone to create a path (that was greater than 8-feet wide) and they did remove a danger tree. That vegetation that was removed outside the 8-feet allowed is re-growing.

Burke said it was the recommendation of the Planning Commission that the Esrigs, Florence Marine and Leisure Excavation each have a separate fine for tree/vegetation removal and operation of heavy equipment in the shoreland without a permit. The other recommendations were to revegetate the area with native plants (professional landscape plan required), use haybales (or other means) to control soil erosion, and repair the depression in the ground that was created when yarding the logs out of the lake.

 

ACTION: P. Howison made a motion to require the Esrigs obtain the necessary permits (double fees) and that a fine of $1500 will be levied. The revegetation costs will be returned to the Esrigs out of the fine amount up to the $1500. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried.

The stop work order will be lifted when the permit fees and fine is paid.

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

 

There was discussion about the Contractor’s responsibility for the violations. To remove debris from the lake, a permit is needed if the material is 50 cubic yards or more. The City permits work in the shoreland and any vegetation and tree removal. Darnielle said that the ordinance points to the responsible party and the City Council has complete discretion of identifying those responsible. Howison suggested a fine of $1500 to each contractor. Riechel recused himself from the discussion.

Tom Nicholson, Attorney for Leisure Excavating, LLC, P O Box 308, Florence OR 97439.

Gary Rose, Leisure Excavation LLC, 4525 Highway 101, Florence OR 97439.

Nicholson said that Rose purchased the business in April of 2003. Leisure acted as a sub-contractor to the property owners. Nicholson said that Rose was led to believe by the owners that all permits were received prior to the commencement of work. Nicholson said that as a result of the current situation, Leisure Excavation has began a new policy that there will be written proof from a client that all permits are obtained before any work is conducted in Dunes City; therefore, corrective action has been implemented. Nicholson said that all that Leisure Excavation did was to yard the trees. The trees were not downed by Leisure, nor was any grading or excavating performed. Gary Rose said it is out of the scope of their business to do work in the water.

Florence Marine, Brian Girard, Florence OR.

Girard said that the Esrigs assured him that they had obtained all the required permits. Florence Marine was hired to remove the logs that were within the proposed dock footprint. Girard said that as a result of the incident, his business has also implemented a policy to require proof of all permits prior to work in the lake. Howison asked Girard if he knew what permits were required in Dunes City. Girard acknowledged that he did (Dunes City, DSL and ODFW). Darnielle suggested that the City prepare an information sheet to distribute to contractors. Petersdorf said the City has done that in the past. Burke said that Planning has made an administrative change to use a display card (similar to the Building Permit card) for any permit in the City.

 

ACTION: J. Scott made a motion to fine each contractor $500. P. Howison seconded the motion. There were 3 ayes, 2 nays (Petersdorf and Martin), 1 abstained (Riechel). Motion carried.

 

12. Reports

A. Report by City Attorney – None.

B. Road Commission – Road Report - R. Petersdorf - See Exhibit J.

C. Parks & Recreation/Conservation Committee – None.

D. Site Review Committee - J. Martin

Letters to Don Jewell for Lake Drive Complaint – Martin reported that a letter has been sent to Jewell and Dolphin Properties (see Exhibit K).

Martin reported that the Beers Property is pending a response from The Building Department for Gary Darnielle to proceed with the abatement.

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

Letter from Susie Navetta – (addressed previously in the meeting).

Scott reported that he, Meyer, Stead, and Booth had attended a meeting with the Water Resources Department towards the approval of the water storage weir on Woahink Lake. A description of the easement is needed from Rob Ward (Gary Darnielle is to obtain that description).

F. Community Center – None.

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

My Trip to Russia – time did not allow for the report.

H. Mayor’s Report – None.

I. Planning Report - T. Tinker

Planning Commission recommends attendance of all Commissioners to the Planning Commissioner Training on September 16 with a cost of $85 per person. The Council decided to wait for first of the year training from Darnielle.

Tinker reported that year to date; there have been 56 building permits of which, eight were for single family residences or mobile home placements.

Final Plat for CDS minor partition: Tinker said the deed restriction was removed from the final plat, but the County will unrecord the document and Council will need to initial the correction document placing that restriction back onto the final plat as required.

 

13. Unscheduled Items Not Listed on Agenda – None.

 

14. Executive Session – None.

 

15. Adjournment

Meyer adjourned the meeting at 11:54 p.m.

 

 

____________________________ _______________________________

Sheldon Meyer, Mayor Joanne Hickey, City Recorder