DUNES CITY COUNCIL MINUTES

REGULAR MEETING

November 9, 2006

7:00 PM

DUNES CITY COUNCIL MINUTES 11-28-06 LAND USE CODE REVISION WORKSESSION

DUNES CITY COUNCIL MINUTES 11-28-06 LAND USE CODE REVISION WORKSESSIONa

Exhibits 11-9-06.pdf

1. 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, J. Hogervorst, L. Riechel, and R. Petersdorf.

ALSO PRESENT: J. Hickey, City Recorder; G. Darnielle, City Attorney; T. Tinker, Planning Secretary; C. Lewis, Recording Secretary; G. Burke, Planning Commission; LCAN; and approximately 21 citizens from the community.

 

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: October 12, 2006

B. Bills of the Session: October 13, 2006 through November 9, 2006 totaling $26,044.00.

Councilor Howison requested that the minutes be pulled from the Consent Agenda.

ACTION: P. Howison made a motion to accept the Consent Agenda with minutes removed. L. Riechel seconded the motion. There were 6 ayes, 0 nays. Motion carried.

Howison said that the minutes misrepresented what Cynthia Chandler had said in her testimony. Howison provided an e-mail from Chandler and requested the following be replaced within the minutes (page 23): C. Chandler said, "155 has not had a line for line review by Gary Darnielle. The Findings of Fact are incomplete."

ACTION: J. Martin made a motion to approve the minutes of October 12, 2006, with the correction as noted. J. Hogervorst seconded the motion. There were 6 ayes, 0 nays. Motion carried.

 

3. Receipts of the Session

The Receipts of the Session from October 13, 2006, to November 9, 2006, totaled $26,495.61.

 

4. Announcements and Informational Items

 

A. Tonight is Johan Hogervorst’s last Council meeting.

B. Art Exhibition: Joyce Pinnock for November and December.

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

D. Committee Vacancies: Mayor Meyer announced the following vacancies: Budget Committee/Parks & Recreation Commission/Site Review Committee (2)

D. Dunes City Christmas Party - December 16, 2006.

E. The Table Top Exercise for the West Lane Emergency Operations Group has changed the simulated disaster from Woahink Lake to the Hwy 126 North Fork of the Siuslaw River Bridge.

5. Guest Speakers – Paul Dailey and Bill Town of the Smith River Watershed Council spoke to the Council about the Smith River Watershed Bacteria Source Tracking Study (July 2006). A copy was provided to the City. See Exhibit A.

The Smith River Watershed Council received a grant to study the sources of bacteria along the watershed. Dailey and Town presented the findings of the study, which pointed towards birds as being a majority source instead of a study by the DEQ justifying mandates requiring corrections of human sewage and domesticated animal sources. It was recommended by Dailey that a third party collect the data to guard against the appearance of affecting parties drawing self-serving conclusions when the City does its own study.

Councilor Scott asked about bird species typing. Dailey said that the study did not break the DNA down to specific species due to cost. C. Chandler asked about the number of people that occupy land in the watershed. Dailey estimated approximately 200 residents from communities along the Umpqua and Smith Rivers were included in the study. Chandler referred to construction at American Bridge. Dailey said the survey was done about that time. Hogervorst asked if DEQ had changed their mandates based on the study. Dailey said that DEQ did not change because the study wasn’t done during a flood stage (there was no flooding during the study year). N. Martin asked about the water quality standards by DEQ and EPA. Dailey said there was a one year baseline study, but nothing was done specifically for the Smith River. Dailey said DEQ had their own sampling and told landowners to decrease the amount of bacteria based on those limited samplings.

 

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.

Cynthia Chandler, 4934 Lakeshore Drive, Florence OR 97439.

Chandler made reference to an incident on a lot in the Woods on Woahink Subdivision that she had reported to the City. There was excavation on a driveway that had no surface water management or soil erosion control. Chandler said it was a mistake that shouldn’t have happened, but as a result an immediate Stop Work Order was issued and policy changes were made by the staff for slopes greater than 12 – 16 %. Darnielle cautioned Chandler and the audience that, although Dunes City relies on citizens to report violations, they should not trespass onto property to take pictures.

 

Judy Bedsole, 4840 Summit Avenue, 4840 Summit Avenue, Westlake OR 97493.

Bedsole commented on the Septic Maintenance Ordinance and the requirement for commercial properties to have pumping/inspections every year, although Wally’s recommended to her that the system should be pumped every five years. Bedsole said it creates a financial hardship and is overkill for a 7000 gallon tank to pump every year. Howison acknowledged a problem with the ordinance and Martin said that it needs to be looked into. Burke said that the ordinance only calls for yearly inspection/evaluation, not pumping.

Bedsole commented on the Rural Tourism Marketing Program (RTMP) monies and how the businesses should have some input into the spending of the funds. Hickey explained how in recent years the money has been spent by the Parks and Recreation Commission to promote tourism, where in the past the money was given to Florence Area Chamber of Commerce to support the Rhododendron Festival. Hickey said the Parks and Recreation Commission gets together in September and submits a proposal for the grant money and the meeting is open for public comment.

Bedsole accused the Council of giving Planning Commissioner George Burke preferential treatment in regards to building his house and retaining wall. Bedsole thanked Hogervorst for his efforts.

Dave Gosslin, 83591 Woodland Lane, Florence OR 97439.

Gosselin presented a plaque to Hogervorst from the Woahink Lake Association for his efforts to preserve the watershed.

Roger Ellert, 4912 Darlings Loop, Dunes City.

Ellert asked for an extension to complete his septic system inspection on Map and Tax Lot # 19-12-27-14-02900.

ACTION: B. Petersdorf made a motion to grant Ellert an extension to complete his septic system inspection until the first of the year. P. Howison seconded the motion. There were 6 ayes, 0 nays. Motion carried.

Darnielle said that staff would look at the Ordinance and come up with a revision at the December City Council meeting.

7. Old Business

 

A. Set a date for a joint work session pertaining to Ordinance 182.

Discuss verbiage for notice, i.e., no public comment, attendees, etc.

 

It was discussed that the CCI would need November 15, 22, and 29^th to complete their review of Ordinance 182. It was decided that the joint work session with the City Council and the Planning Commission would be held on November 28 at 6 p.m. and there would be no public comment taken at the worksession. Cynthia Chandler said that the DLCD wants to see a draft copy of the ordinance before the December City Council Meeting.

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

 

A. Resolution 11-09-06, a resolution adding Road Commission permits to the fee schedule.

ACTION: B. Petersdorf made a motion to approve Resolution 11-09-06, a resolution adding Road Commission permits to the fee schedule. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried.

B. Resolution 11-09-06 (A), a resolution amending Resolution 01-09-03, a

resolution determining Dunes City Public Records/Information request policy.

There was a discussion brought forward by Howison concerning the fee of 25 cents per photocopy. It was decided to add a line to the resolution stating that the photocopy fee associated with the research fee would be 10 cents, since the 25 cents factors in the staff cost, which is included in the research fee.

ACTION: P. Howison made a motion to approve Resolution 11-09-06 (A), a resolution amending Resolution 01-09-03, a resolution determining Dunes City Public Records/ Information request policy with an additional note of the photocopy fee at 10 cents per page when performed as a part of the research fee. B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried.

9. Reports

 

A. Report by City Attorney

Darnielle reported that the Woahink Ridge Estates remand has been returned to the City starting the 90-day period for the City to make changes. A hearing will be scheduled for the December City Council Meeting. Due to the timing of new Councilors at the January meeting (all who were not present at the previous hearings for Woahink Ridge would have to review the tapes), a separate meeting prior to the January City Council meeting would have to be scheduled.

Darnielle said a letter was sent to the new owners of the former Sassi-Sinclair property. Darnielle discussed the options to collect the lien that was overlooked by the title company and not dispersed the City. Darnielle said that not only did the new owner not purchase title insurance, the title company contacted the City of Florence when doing the title search, not Dunes City.

Darnielle said the West Lane 190 Agreement was corrected and transmitted.

The topic of the Beers non-conforming/abandoned trailer was discussed.

ACTION: B. Petersdorf made a motion to start the abatement process for the Beers trailer located on Spruce Street in Westlake. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried.

B. Road Commission – Road Report

Petersdorf reviewed the minutes of the Road Commission meeting of September and October (see Exhibits B and C).

Petersdorf said the owner of the Little Woahink PUD had not hydro-seeded as directed by the City. Darnielle said the owner’s attorney was contacted and Darnielle was assured by the attorney that the hydro-seeding would take place. Petersdorf reported to the Council the stormwater drainage of the partially constructed portion of Little Woahink Drive. During a recent heavy rain storm, Petersdorf visited the site to investigate any erosion that was occurring. Petersdorf handed out pictures showing that there was no sediment traveling to the lake from the road and that all the erosion control devices that were in place were working. Petersdorf did note that there was water traveling down the paved portion of Little Woahink Drive and sand erosion traveling from the last property on the north side of the street that was entering a creek that drains into Little Woahink Lake.

ACTION: B. Petersdorf made a motion to purchase $50 gift cards for the five City employees. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried.

C. Parks & Recreation/Conservation Committee

Chair of the Parks and Recreation Commission, Cal Lewis, reported on the progress of the Kayak Launch Project. Lewis said that upon review of the site, the ground would be too steep for a launch, but the site could be used to develop a wildlife viewing platform with a short boardwalk. Foot traffic would be limited to the deck and the boardwalk. Lewis suggested revegetation of the currently eroded area including a sand path that is also causing erosion. Lewis said that the project would not qualify for the Oregon State Recreational Trail Grant, but would qualify for a Local Government Grant (40% match) that could be applied for in April and awarded in July. Lewis said there is justification for the Wildlife Viewing Project since the Parks and Recreation Survey that was completed by citizens ranked walking trails, wildlife viewing, and water related activities as highest in interest.

Lewis commented on Mrs. Bedsole’s complaint about the RTMP funds not being spent in the interest of the businesses by reminding the Council that out of those funds the Stay and Play brochure was updated, reprinted, and distributed throughout the State. Also, there was improved signage and the information kiosk was updated with maps that highlight the services provided in the area from which the room tax is collected.

Lewis asked the Council to approve the change to the scope of the project. There was a discussion about options to use the site as a kayak launch, but the Council decided that the distance and slope would preclude such usage. There was some discussion about kayaks coming into conflict with boats being launched at the County launch in Westlake.

ACTION: B. Petersdorf made a motion to authorize the Parks and Recreation Commission to change the scope of the project to wildlife viewing. P. Howison seconded the motion. There were 6 ayes, 0 nays. Motion carried.

D. Site Review Committee

Martin reported that a letter of zoning violation was sent to the resident on Clear Lake Road that was having a perpetual yard sale (trucking merchandise to the location). Recently, it was observed that there was a "Going Out of Business" sign, so Martin is hoping that the issue has been resolved. Martin said there are currently no members on the Site Review Committee. Hickey asked that the new Council think about Council assignments for the January meeting.

E. Police Commissioner/Fire Dept/ WQCC Report

Scott reported that the City is making progress implementing the Septic Maintenance Ordinance. Tinker said there are problems with the mapping of the systems being very vague. Hickey suggested that members of the Water Quality Committee make themselves available to help citizens with their mapping. Tinker said the software program is looking good. It was noted that inspection costs are $200 and pumping cost is $300. Tinker said that Wally’s cannot find the drainfields/systems and asked the Council how much time should be spent on looking. The response was that mapping was critical the first cycle through and would be an absolute requirement. Tinker said that out of approximately 15 inspections, there have been one to two failed systems identified.

F. Community Center – None.

 

G. Grants/Franchises/License/Moratorium Support

Hogervorst said the 219 Grant is due on November 21^st. Mark Chandler has talked to Portland State University (Dr. Mark Sytsma, Director of the Center for Lakes and Reservoirs) regarding quality control and how to take a sample. Hogervorst said that Bobby Lindberg, DEQ, reviewed the grant proposal and that PSU works with a lab out of Corvallis. Hogervorst went over the MSC/CCI minutes for September 27 and the October 18^th meeting gathering public comments for the Draft Ordinance for Sediment and Erosion Control, and Phosphorus Prevention (see Exhibits D through F). There was a discussion about water monitoring sampling being done by Dunes City volunteers. Councilor Martin questioned whether the City could keep the third party aspect of the monitoring by using volunteers to do the sampling. Hogervorst answered that he trusted the volunteers to help. Norman Martin wanted to know what it was that the sampling was trying to show. Hogervorst said that the monitoring was to complete a more comprehensive sampling. Cal Lewis suggested using Honeyman State Park samples (rangers are certified in water treatment) to reinforce the City’s data for DEQ. Cynthia Chandler suggested video taping how the sampling is taken as additional reinforcement. Hogervorst said that Portland State University will do all the administrative functions for the 219 Grant.

 

H. Mayor’s Report

Meyer reported on the status of the progress of the water storage permit being sought from Water Resources Division. Meyer said the application is being extended and the State is looking to use an Expanded Domestic Use Permit vs. a Municipal Permit, which will be sent to Meyer. Meyer said the State is trying to meet the City’s need by adding specific uses. Meyer said it appears as though the letters sent to the State Senator and Representative is moving the permit through the process.

I. Planning Report

Tinker reported that the Woahink Water Rights monthly reports to the State are required to continue. Tinker talked to Bob Rice of the WRD who said he was not comfortable with the vacationers that do not have water meter readings and there were also individual large usages that concerned him. Rice wants 100% reporting and may not allow additional meters to be installed until the reporting is acceptable.

Tinker said that the Watts electrical permit should be finalized soon.

10. Unscheduled Items Not Listed on Agenda

11. Executive Session – None.

12. Adjournment

Meeting was adjourned at 10:30 p.m.

 

APPROVED BY:

 

____________________________ _______________________________

Sheldon Meyer, Mayor                               Joanne Hickey, City Recorder