Dunes
City Council
M I N U T E S
Regular
Meeting
March 8, 2007 - 7:00 P.M.
City
Hall - 82877 Spruce St.
Westlake, OR 97439
Printable
file
COUNCILORS
PRESENT: Mayor
Sheldon Meyer, David Bellemore, Peter Howison, Richard Koehler, Susie
Navetta, Bob Petersdorf, John Scott
COUNCILORS
ABSENT: None.
STAFF
PRESENT: George
Burke, Gary Darnielle, Joanne Hickey.
1. CALL TO ORDER
Mayor Sheldon Meyer called the meeting of the Dunes City Council to
order at 7:00 p.m.
City Recorder Joanne Hickey called the roll and stated that a
quorum was present.
Councilors joined in the Pledge of Allegiance.
2.
APPROVAL OF MINUTES
Councilor Peter Howison requested that Paragraph 6 on Page 6 of the
minutes of the February 8 meeting be corrected, as follows:
Councilor Bellemore
moved, seconded by Councilor Navetta, to authorize expenditure of up to $4,000
$4,400 from State grant resources to complete work on proposed
Erosion Control and Surface Water Pollution Ordinances.
Mayor Meyer determined there was no objection to the request and
the minutes were amended.
City Attorney Gary Darnielle recommended that Paragraph 5 on Page 7
of the minutes be changed, as follows:
Mayor Meyer re-opened the Public Hearing on a potential violation
of Section 154.05 151.048
of the Dunes City Code regarding erosion of soil into Little Woahink Lake.
Mayor Meyer determined there was no objection to the suggestion and
the minutes were amended.
Councilor Bob Petersdorf requested that his name in Paragraph 1 on
Page 13 of the minutes be correctly spelled.
Mayor Meyer determined there was no objection to the suggestion and
the minutes were amended.
Councilor
Howison moved, seconded by Councilor Susie Navetta, to accept the minutes
of the February 8, 2007, meeting, as amended.
The motion was adopted unanimously, 6:0.
Councilor Navetta requested that Paragraph 3 on Page 1 of the
minutes of the February 1 meeting be changed, as follows:
City Recorder Joanne Hickey called the roll and stated that a quorum
full council was
present.
Mayor
Meyer determined there was no objection to the request and the minutes
were amended.
Councilor Navetta requested that the Agenda Heading of Section 3 on
Page 1 of the minutes be changed from “Staffing Issues” to “Citizen
Input.”
Mayor Meyer determined there was no objection to the request and
the minutes were amended.
Councilor Navetta requested that the name and address of Jerry
Wasserburg be corrected in Paragraph 1 on Page 5.
Mayor Meyer determined there was no objection to the request and
the minutes were amended.
Councilor
Petersdorf moved, seconded by Councilor David Bellemore, to accept the
minutes of the February 1, 2007, meeting, as amended.
The motion was adopted unanimously, 6:0.
3.
CONSENT AGENDA
Mayor Meyer noted that the Consent Agenda included:
a.
Approving Bills of the Session for February 9 through March 8, 2007
b.
Approving Receipts of the Session for February 9 through March 8,
2007
c.
Adoption of Resolution 03-08-07, a resolution creating a
Communication and Education Committee for the purpose of informing and
educating residents.
d.
Approving a change in the date of the meetings of the Water Quality
Committee to the first Thursday of the month
e.
Making appointments to Commissions and Committees, as follows:
1.
Janet Carroll – Communication/Education Committee
2.
Christine May – Communication/Education Committee
3.
Janet Carroll – Conservation Committee
4.
Linda Ash (Baer) – Site Review Committee
Mayor Meyer reviewed bills to be paid with totals over $1,000.
Councilor
Howison moved, seconded by Councilor John Scott, to approve the Consent
Agenda, as amended.
Councilor Navetta suggested that adoption of Resolution 03-08-07 be
removed from the Consent Agenda, as it had been adopted at a previous
meeting.
Mayor Meyer determined there was no objection to the suggestion and
the motion was amended.
The amended motion was adopted unanimously, as amended, 6:0.
4.
ANNOUNCEMENTS AND INFORMATIONAL ITEMS
Mayor Meyer presented announcements, as follows:
a.
A Community Pot Luck sponsored by the Communication/Education
Committee will be held on April 14, 4:00 to 6:00 p.m.
b.
The Art Exhibition at City Hall through March and April is
presented by Francine Derus.
c.
Volunteer Fire Fighters and the Community Emergency Response Team
trainees are needed.
d.
The Annual Festival of the Lakes will be held August 18, 2007.
5.
REPORTS
A. City
Attorney
Mr. Darnielle reported that he would present support material for
proposed Ordinance #187, revising the number of Planning Commissioners, at
the April Council meeting.
Mr. Darnielle stated that an independent contractor, C. Daniel
Lindstrom, had been engaged to prepare minutes of City Council and other
meetings during the staff transition period.
He described his outstanding abilities (and cheap price).
Councilors discussed the arrangement and appeared to come to an
agreement that the arrangement was appropriate.
B.
Road Commission
Councilor Petersdorf referred to material distributed regarding the
most recent meeting of the Road Commission, commenting on issues related
to Woahink Road and consideration being given to imposing fines.
Councilor Howison recommended that the Road Commission prepare its
budget proposal to include System Development Charges (SDCs) based on a
professionally conducted survey of what might be established.
He also recommended that development of a citywide stormwater plan
be included.
Councilor Howison
moved, seconded by Councilor Navetta, to request that the Budget Committee
establish a Road Commission Budget for fiscal year 2007-08 that includes
the cost of a professional survey for establishing Dunes City System
Development Charges and preparing a citywide stormwater plan.
The motion was adopted unanimously, 6:0.
Councilor
Scott said he had been confused by the participation of Planning
Commissioner George Burke at the most recent meeting of the Planning
Committee. Mr. Burke replied
that he had attended as an interested citizen.
Councilor
Howison moved to give public notice of a vacancy on the Road Commission
and invite citizens to apply for appointment by the time of the April
Council Meeting.
Without
a second, the motion was not taken under consideration.
Councilors discussed membership on the Roads Commission – whether
there was a vacancy, if a voting or advisory/liaison position was
established for the Planning Commission, participation by a member who had
resigned, and if the proscription of a “City Official” from being a
member included more than City Councilors and employees.
Following the discussion, there appeared to be agreement that there
was an open position on the Commission and acceptance of the explanation
by Mr. Darnielle that “City Official” could apply to a member of the
Planning Commission, since it was the only body, besides the Council, to
be defined in the City Charter. Mr.
Darnielle had also said that there did not appear to be any reason why the
Planning Commission could not establish a liaison relationship with the
Road Commission, designating a member to attend its meetings.
C.
Parks and Recreation/Fire Department/Franchise/Licenses
Councilor Scott said there would be no report from the Parks and
Recreation Committee. He
introduced John Buchanan, Florence and Dunes City Fire District Chief, and
Maury Sanders, Florence Police Chief, who was a resident of Dunes City.
D.
Site Review/Grants/Police Commissioner/Beers Abatement
Councilor Navetta reported that the Beers abatement issue was being
resolved by the owner proposing to dismantle and remove the nonconforming
mobile home. She also reported on the status of barking dog complaints.
E.
Water Quality Control Committee/Website
Councilor Richard Koehler reported on the most recent meeting of
the Water Quality Control Committee (WQCC) and thanked volunteers for
their continued work on water quality issues.
He described cooperative efforts with the Oregon Department of
Transportation, Lane County, and Siuslaw Soil and Water Conservation
District. He said the Committee was investigating grant opportunities
and working on amendment proposals for the recently adopted Septic
Ordinance.
Councilor Koehler circulated photographs taken by Water Testers
showing riparian violations by lakeside residents, including the felling
of a tree without a permit.
Councilor Koehler said the Committee would prepare a budget
proposal for the next fiscal year that would include secretarial support
services.
Councilor Koehler reported on recent work he had completed on the
Dunes City Website. He said
it would emphasize citizen education.
Councilor Koehler reported on his attendance of a workshop
regarding the financial limits and responsibilities of cities sponsored by
the League of Oregon Cities.
In response to a question from Councilor Scott, Councilor Koehler
reported that he was aware of two major septic failures and several
smaller issues discovered in the 50-70 inspections set up in response to
the Septic Ordinance. He said
many property owners were arranging repairs and clean outs in anticipation
of the inspections. He
reported that a discussion would be held with contractors regarding the
inspection program at the April 5 meeting of the WQCC.
F.
Community Center/Moratorium Support Committee/CCI
Councilor Howison reported on new office procedures implemented at
City Hall – committee boxes, public display of City applications and
forms, information signage, mail slot for after hours submissions, and
tentative investigations into remodeling of office space.
He said 45 applications had been received for vacant staff
positions.
Councilors discussed options for use of available City Hall
workspace.
Councilor Howison reported that the Moratorium Support Committee (MSC)
had formed a subcommittee to work on a draft Erosion Control ordinance.
He said David Bellemore, Mark Chandler, Rick Cox, Gordon Robertson,
and Jerry Wasserburg were participating and had been meeting twice a week.
He asked the Council to endorse the work of the subcommittee.
Councilor Petersdorf said he did not believe endorsement of the
subcommittee was necessary since the MSC had appointed its members and
would review its work.
Councilor Bellemore
raised a question about the legitimacy of the MCS itself, since it had
been formed to support the Moratorium that was no longer in force.
He said the Committee continued to work on tasks assigned at the
beginning of the Moratorium to fulfill requirements of the support grant
received.
Councilor Howison suggested that the Council develop a process for
appointing members to a committee to develop a Stormwater Pollution
Reduction ordinance.
Councilor Navetta moved, seconded by Councilor Howison, to
form a committee to develop a Stormwater Pollution Reduction ordinance
proposal and assume the responsibilities of the Moratorium Support
Committee.
Councilors discussed the motion.
Mr. Darnielle explained that the Council could form an ad
hoc committee without advance public notification, unless it
was specifically required by the City Code.
Mayor Meyer ruled that the motion was out of order and would be
considered at the time of New Business.
G.
Conservation Committee
Councilor Bellemore reported that he had been informed of a citizen
desiring to remove a tree within a lakeshore area requiring permission to
do so. He said he and other
members of the Conservation Committee investigated the situation and
agreed that the tree appeared healthy and constituted minimal danger to
buildings on the property. He
said the Committee recommended that the tree not be cut.
Councilor Bellemore reported that the matter was later discussed at
a meeting of the Planning Commission and that it had determined that the
tree should be identified as dangerous and removed.
He said the property owners were informed of the determination and
that a vegetation permit was needed before the tree could be removed, but
that the tree had been cut down before a permit had been secured.
Councilors Petersdorf and Howison reported their involvement in the
situation and expressed contrary opinions about its outcome.
Councilors discussed the situation at length – the
appropriateness of the involvement of the parties concerned, the bases for
differing judgments about the condition of the tree, the standards for
declaring trees to be dangerous, and potential fines for ordinance
infringement.
Mayor Meyer ruled that the matter would be continued to the Regular
Meeting of the City Council in April.
Councilor Bellemore reported for the Conservation Committee
regarding vegetation removal and the construction of a retaining wall on
Siltcoos Lake property owned by Jamie Mills.
He said there were also issues regarding the misalignment of the
home on the property because its siting had been based on inaccurate
survey information.
Councilor Scott said that he believed the issues were further
complicated by concerns that the heavy equipment used to construct the
retaining wall was infringing on neighboring property.
Councilor Bellemore said the issues would be difficult to resolve
and the Conservation Committee would continue to monitor the situation.
Mike Cochram stated that he represented ANB Construction
and had started work on the retaining wall project for the property owners
without fully understanding the pertinent regulations.
He said he would ensure that all regulations related to vegetation
removal/replacement and the location of construction equipment would be
met to the satisfaction of all concerned.
Jamie Mills stated that she was owner of the property being
discussed. She said that
prior to it being acquired, the U.S. Army Corps of Engineers had been
consulted for riparian area information and requirements.
She said the home had been placed on the property with an
understanding that its location and construction met all requirements.
She said she would ensure that concerns being raised were resolved
and that the property conformed to all regulations about vegetation
preservation.
5.
UNFINISHED BUSINESS
A.
Evidentiary Hearings
Mayor
Meyer stated that, on the advice of counsel, the Public Hearing on issues
related to Little Woahink Drive would be postponed until later in the
meeting.
B.
Enforcement Procedures for Water Right Permit Holders
Mayor
Meyer invited Councilors to discuss procedures for enforcing payment of
Dunes City Water Right Permit meter reading and administrative fees.
Councilor
Howison proposed that Ordinance #185 regarding penalties for failure to
pay annual administrative fees be amended to create consequences for
failure of property owners to provide state mandated water meter readings
and refusing to pay charges for the City having to do the reading. He
suggested that if a meter was not read within 120 days of the month in
which it was required, or a property owner fails to pay the City charge
for doing the reading within 60 days, the water rights of the property
owner be terminated. He said
codifying such consequences would enable the Oregon Water Resources Board
to investigate illegal use of Dunes City domestic water rights.
Councilors
discussed the proposal – the importance of “getting the attention”
of property owners, the possibility of making the payment of City charges
for meter reading have priority over annual fees, the possibility that
nonpayment of the fees could endanger the entire Dunes City water right,
and the relevance of Ordinance #185 to Siltcoos Lake properties.
Mayor
Meyer stated that the time appointed for the beginning of Public Hearings
had arrived and requested that Mr. Darnielle investigate issues raised
about Ordinance #185 with the Oregon Water Resource Board and prepare a
recommendation to be considered at the April Regular Meeting of the
Council.
6.
PUBLIC HEARINGS
A. Ordinance
#188
Mayor
Meyer announced that the Council would hold a Public Hearing and consider
adoption of Ordinance #188, AN ORDINANCE ENTERING INTO AN
INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE WEST LANE EMERGENCY
OPERATIONS GROUP. He said it
was the First Reading of the Ordinance.
Maury Sanders stated that he
was Police Chief for the City of Florence and an organizing member of the
West Lane Emergency Operations Group. He said it was important for the Council to understand the
significance of forming the Group. He
described a potential hazardous material emergency eliminating long-term
access to Dunes City via the Siuslaw River Bridge.
He said the purpose of the Group was to plan for such
eventualities.
John Buchanan
stated that he was Chief of Siuslaw Valley Fire and Rescue.
He discussed the importance of citizen preparedness for natural and
human-caused disasters. He
said the Oregon Office of Emergency Management considered the West Lane
Emergency Operations Group a model for the State.
Councilor
Navetta described her experience with emergency training programs
sponsored by the Group. She
said she was concerned that Dunes City area residents were not provided a
siren warning system even though they faced unique potentially dangerous
conditions. Chief Buchanan
replied by describing the Community Emergency Telephone Notification
System as far more effective and that a warning siren would eventually be
considered to give warning to those not having access to a telephone.
Councilor Bellemore said a recent weather disaster in Enterprise,
Oklahoma, had brought home to him the importance of emergency
preparedness. He said his
only concern was the cost associated with participating in the Group.
Chief Buchanan replied that the cost of operating the Group had
been prorated based on population.
Councilor
Scott moved, seconded by Councilor Petersdorf, to approve the First
Reading of Ordinance #188. The
motion was adopted, 5:1, with Councilor Koehler voting no.
Mayor
Meyer closed the Public Hearing and presented the Second Reading of
Ordinance #188, AN ORDINANCE ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT
ESTABLISHING THE WEST LANE EMERGENCY OPERATIONS GROUP.
Councilor
Navetta moved, seconded by Councilor Petersdorf, to approve the Second
Reading of Ordinance #188. The
motion was adopted, 5:1, Councilor Koehler voting no, with members polled
as to their vote, and the Ordinance was enacted.
B.
Raymond Tucker/Amber Buckwald Conditional Use Permit
Mayor Meyer announced that the Council would hold a Public Hearing
on Conditional Use Permit (CUP) 01-06 a property line adjustment
application of Raymond Tucker and Amber Buckwald.
Mayor Meyer reviewed the legal rights of the applicants, criteria
for approval of the application, requirements for submissions to enable
appeal to the Oregon Land Use Board of Appeals (LUBA), and provisions for
holding open the record of the hearing on the request of any participant.
He described the procedures of the hearing.
Mayor Meyer opened the Public Hearing.
Mr. Burke presented the staff report.
He described the happenstance of a house being constructed over a
property line and an agreement that had been developed between property
owners involving the sale of property, enabling one owner to proceed with
an application for home expansion. He
said the Planning Commission had approved the application with the
condition that the new property line enabled the infringing house to have
a ten-foot setback.
Mr. Darnielle said the proposed solution to the unforeseen
difficulty appeared to be good and mutually beneficial, but that LUBA had
recently established regulations that prohibited property line adjustments
creating properties below allowed minimum sizes.
He said it was generally agreed that the decision had created
unfortunate, unforeseen consequences and was being appealed.
He said Lane County was currently considering legislation that
would make the regulation not apply to property within its jurisdiction.
In response to questions from Councilors, Mr. Darnielle explained
that providing a CUP in connection with the application could enable legal
establishment of a sub-minimum sized lot.
Mayor Meyer invited the applicants to present testimony.
Amber Buckwald , 5202 Hilltop Drive, stated that she
and her husband had submitted the application for the property line
adjustment in November 2006, before the decision by LUBA creating the
regulations currently inhibiting its approval. She
said the proposal was not protested by any neighboring property owner.
She said the delay was negatively affecting the ability of her
family to have a home that was adequate for its needs.
Michelle Angilletta, Hilltop Drive, stated that her property
was adjacent to that of the Tuckers and was involved in the property line
adjustment. She said she
believed further delay in approving the application was preventing a
positive improvement of her neighbor’s home.
Mayor Meyer determined that there were no further requests to
present testimony for or against the application and closed the Public
Hearing.
Councilor Howison moved, seconded by Councilor Scott, to
approve the recommendation of the Planning Commission regarding CUP 01-06,
based on the findings of fact and proposed conditions for approval.
The motion was adopted unanimously, 6:0.
C. Little Woahink
Planned Unit Development
Mayor Meyer opened a Public Hearing on the Little Woahink Planned
Unite Development (PUD). He
referred to his previous recital of the legal rights of the applicants,
criteria for approval of the application, requirements for submissions to
enable appeal to the Oregon Land Use Board of Appeals (LUBA), and
provisions for holding open the record of the hearing on the request of
any participant.
Mayor Meyer asked Councilors to state any conflict of interest or ex
parte discussion regarding the application.
Councilor Petersdorf reported that he had made numerous visits to
the site and discussed matters with the owner’s attorney in connection
with his responsibilities on the City Road Commission.
Councilor Bellemore reported that he had been on the road passing
the property several times, but had never had conversation with the
parties involved.
Councilor Scott reported that he had visited the site several times
in response to concerns about water quality related to erosion issues.
Mr. Darnielle stated that many changes had been made to the
application to meet concerns raised in its previous considerations by the
Council.
Mr. Burke described the changes – reducing the number of lots
from 27 to 23, establishing a lake buffer zone and common area, and
modifying its roads to being public streets.
He said additional changes had been made since the application had
been considered by the Planning Commission.
Mayor Meyer invited representatives of the applicant to submit
evidence.
Michael Farthing, 767
Willamette Street, Eugene, stated that he represented the applicants,
Darren and Alisa Kronberger. He
reviewed changes to the PUD proposal made in response to comments of
neighbors and other Dunes City citizens, the Road Commission, and Planning
Commission. He highlighted
the reduction in number of lots, 100-foot lake setback, and creation of
open spaces.
Mr.
Farthing said newly completed reports providing evaluations of septic and
stormwater plans had been submitted.
He described a proposed community water system and reservoir using
Woahink Lake water. He said
recent Council action regarding a Woahink Ridge development had provided
alternative options to be considered that included substitution of a
subdivision design for the preferred PUD application.
He said the applicant had worked hard to respond to a letter from
Mark Chernaik, who appeared to be acting as a Dunes City representative in
the matter.
Councilor Howison asked if a statement by Mr. Farthing that Dunes
City Comprehensive Plan provisions were not applicable to subdivision
provisions was accurate. Mr.
Darnielle replied that the statement was accurate, based on Oregon
Statutes and case law, which require that subdivision requirements be
incorporated into the Comprehensive Plan, which was not the case with the
Dunes City Plan. Councilor
Howison said he his reading of the Code made PUD density rules apply also
to subdivisions.
Shane Hughes, 2535-B Prairie Road, Eugene, stated
that he represented E.G.R. and Associates, civil engineers for the PUD
applicants. He reviewed
February 27 and March 6 memorandums he had prepared and submitted for the
applicants. He explained that
they presented research to establish standards for groundwater management
and to respond to soil condition assertions in the letter from Mr.
Chernaik.
Councilor Koehler asked if there were restrictions on Council
receiving documents in advance of them being considered in Public
Hearings. Mr. Darnielle that the ongoing and complicated nature of the
application suggested that leniency be used in applying limitations on
evidence that can be received.
Councilors discussed the evidence provided, personal experience
with septic tanks, the applicability of provisions of the Phosphorous
Reduction Ordinance under development, and issues related to soil
conditions at length.
Mr. Hughes reviewed additional information about soils conditions
on the property proposed for the PUD that was intended to refute negative
assertions made about his experience and expertise regarding such matters.
Mayor Meyer thanked the applicant representatives for their
submissions and stated there was much to be digested as the decision
making process continued.
Christine May, 5445 Little
Woahink Drive, and Carol Retzer, same
address, referred to their letter to the Council regarding the PUD
application. Ms. May said information it contained was somewhat outdated
by changes made to the application, but that she continued to believe that
too many homes were proposed for the lakeshore site. She suggested that the one-acre minimum lot size requirement
be maintained in the development. She
said her concerns about the impacts of increased traffic on Little Woahink
Drive created by the development had not yet been addressed.
Mayor
Meyer closed the Public Hearing and stated that the consideration of the
application would be continued at a Special Council Meeting scheduled for
March 15.
D. Ordinance
#189
Mayor Meyer announced that the Council would consider Ordinance
#189, AN ORDINANCE ADDING A PLANNED UNIT DEVELOPMENT (PUD) SUFFIX TO
CERTAIN PROPERTY IN DUNES CITY AND DECLARING AN EMERGENCY.
Mr. Darnielle explained that the Ordinance was required to be added
to the base zoning district under the old version of the code, the version
under which the PUD applications had been processed.
The current development code permits PUDs as a discretionary use in
the Residential District and does not require a change to the base zone.
Councilor
Scott moved, seconded by Councilor Petersdorf, to approve the First
Reading of Ordinance #189. The
motion was adopted unanimously, 6:0.
Mayor
Meyer presented the Second Reading of Ordinance #189, AN ORDINANCE ADDING
A PLANNED UNIT DEVELOPMENT (PUD) SUFFIX TO CERTAIN PROPERTY IN DUNE CITY
AND DECLARING AN EMERGENCY.
Councilor Scott
moved, seconded by Councilor Petersdorf, to approve the Second Reading of
Ordinance #189. The motion
was adopted, 5:1, with Councilor Howison voting no, members being polled
as to their vote, and the Ordinance was enacted.
E. Ordinance #190
Mayor Meyer announced that the Council would consider Ordinance
#190, AN ORDINANCE CREATING TITLE XIV “WATER QUALITY PROTECTION” AND
ADDING “PHOSPHORUS REDUCTION.”
Councilor Howison proposed several changes to the Ordinance, as
follows:
1.
Amend the Purpose statement on Page 1 by adding “…because
phosphate contributes to the degradation of these waters…”
2.
Amend the definition of “cleaning agent” on Page 1 by adding
the word “any,” as follows: “…laundry detergent, dishwashing
compound, automatic dishwashing dishwasher detergent, household cleaner,
metal cleaner, degreasing compound, commercial cleaner, industrial
cleaner, phosphate compound, or other substance that is intended to be
used for any cleaning purpose…”
3.
Delete the definition of “non-phosphorus” on Page 2 to make its
meaning clearer.
4.
Amend Section E on Page 2 by changing the phrase “appropriate for
soil test results” to “based on the soil tests.”
5.
Amend reference to consumer retail information on Page 2 by adding
“…above .5% phosphates…”
6.
Amend Section B on Page 2, as follows:
“Upon passage of this Ordinance, the City Council, or its designated committee, shall
contact the managers of retail stores…”
Amend Section D on Page 3 in the same way.
7.
Amend Section D on Page 3, as follows:
“distinguish non-phosphorus automatic dishwasher detergent with phosphate content below .5%.”
Mayor Meyer opened the Public Hearing on Ordinance #190.
He said the suggestions of Councilor Howison would be considered
during Council deliberation.
Mark Hammer, 4934 Lakeshore
Drive, stated that he appreciated that the Council was giving appropriate
consideration to the potential impacts of phosphorus on area water
supplies. He said the
Ordinance was simple, straightforward, “doable” and did not place
onerous burdens on citizens. He
referred to news articles reporting similar ordinances enacted in other
jurisdictions. He encouraged
adoption of the Ordinance.
Lee Riechel,
82541 Jenson Lane, stated that he was ambivalent about adoption of the
Ordinance. He identified what
he considered typographical errors in the draft under consideration.
He said he was concerned that the availability of non-phosphate
fertilizers was limited. He
described his experience visiting area retail merchants in reaching that
conclusion. He recommended
that a caveat statement be added to the Ordinance wherever it was
appropriate: “Once the City
has identified local retail availability of appropriate fertilizers…”
Norman Martin, 83750 Rio
Drive, Florence, stated that he had attended a workshop presented by Lane Council of
Governments regarding government ethics and had learned that the “emergency
clause” for ordinances should be used sparingly.
Mayor
Meyer determined there were no other persons present wishing to testify
and closed the Public Hearing.
Councilors discussed the testimony and implementation of the
Ordinance.
Councilor Bellemore
moved, seconded by Councilor Navetta, to adopt Ordinance #190, AN
ORDINANCE CREATING TITLE XIV “WATER QUALITY PROTECTION” AND ADDING “PHOSPHORUS
REDUCTION,” first reading, without an emergency clause, and
incorporating the recommended changes of Councilor Howison and Mr. Riechel. The
motion was adopted unanimously, 6:0.
Mayor Meyer stated that the Council would consider the Second
Reading of the Ordinance at its April Regular Meeting.
Mayor Meyer declared a meeting recess.
F.
Fishmill Lodge vs. Dunes City
Judy Bedsole, 4840 Fish Mill Way, stated that she had made a
full presentation of her request to revoke a Temporary Right-of-Way Permit
awarded to George and Laura Burke in June 2004 that allowed them to build
a fence and retaining wall at the intersection of Lake Boulevard and Fish
Mill Way at the February 8 meeting of the Council.
She said she felt the request was appropriate because the
construction blocked access by customers to her Fish Mill Lodge and
Recreation Vehicle Park.
Mike McAllister, 11303 East
Mapleton Road, Mapleton, stated that he was the contract City Engineer for Dunes City.
Councilor Navetta moved, seconded by Councilor Petersdorf, to
extend the time of the meeting beyond 11:00 p.m., as required.
The motion was adopted unanimously, 6:0.
Mr. McAllister stated that the location of property lines limited
road improvements to Fish Mill Way. He
said the problem involved being able to increase the turning radius at the
corner identified by Ms. Bedsole.
Ms. Bedsole, Mr. McAllister, and Councilors discussed specific
concerns, possibilities for compromise, and participation by all parties
related to the request – individually, in small groups, and as a whole.
There did not appear to be any resolution of issues or consensus
reached.
Mayor Meyer ruled that the matter would be continued to the April
Regular Meeting of the Council.
7.
NEW BUSINESS
A. Select Council Member
Representative at Meetings of the Lane Council of Governments Board of
Directors - Not
considered.
B.
Lot Line Adjustment Proposal - Not considered.
C.
Appoint Council Committee to Work on Water Quality Ordinances
Mayor Meyer read the motion made earlier in the meeting.
Councilor
Navetta moved, seconded by Councilor Howison, to form a committee to
develop a Stormwater Pollution Reduction ordinance proposal and assume the
responsibilities of the Moratorium Support Committee.
The motion was adopted unanimously, 6:0.
8. CITIZEN
INPUT
- None.
9. UNSCHEDULED
ITEMS - None.
10.
EXECUTIVE SESSION -
None.
The meeting adjourned at 11:25 p.m.
(Recorded by Dan Lindstrom)