Dunes
City Council
M
I N U T E S
June 14, 2007
-
7:00 P.M.
printable
file
Regular
Meeting
City
Hall -
82877 Spruce St.
Westlake
,
OR
97439
COUNCILORS
PRESENT: Mayor
Sheldon Meyer, David Bellemore, Peter Howison, Richard Koehler, Susie
Navetta, Bob Petersdorf, John Scott
COUNCILORS
ABSENT: None
STAFF
PRESENT: Joanne Hickey,
Gary
Darnielle, Teri
Tinker; George
Burke, Planning Commission Chair
1. CALL TO ORDER
In the absence of Mayor Sheldon Meyer, Council President Peter
Howison called the meeting of the Dunes City City Council to order at
7:00 p.m.
City Recorder Joanne
Hickey
called the roll, reported that Mayor Sheldon would join the meeting before
9:00
, and stated
that a quorum was present.
Councilors joined in the Pledge of Allegiance.
2.
CONSENT AGENDA
President Howison noted that the Consent Agenda included accepting
the Minutes of the
May 10, 2007
, Council meeting; approving the payment of Bills
dated May 11 to
June 14, 2007
; and appointing
Christine May as new member of the Comprehensive Plan/Ordinance Committee.
Councilor Susie
Navetta requested that acceptance of the Minutes be removed from the
Consent Agenda.
Councilor John Scott
requested that the appointment of Ms. May to the Comprehensive
Plan/Ordinance Committee be removed from the Consent Agenda.
Councilor
Scott moved, seconded by Councilor Navetta, to approve payment of Bills
identified in the Consent Agenda. The
motion was adopted unanimously, 6:0.
Councilor Navetta
requested that Birgitt Lyon be identified in Paragraph 2 on Page 4 of the
Minutes as the provider of artwork displayed in City Hall.
President Howison
determined there was no objection to the request and the Minutes were
amended.
Councilor Navetta
said she was confused by having notebook holes on Pages 10-11 punched on
the wrong side of the page.
Councilor Scott said words used to describe his comments in
Paragraph 9 on Page 12 and in Paragraph 3 on Page 13 were accurate, but
that he had not used the terms in the meeting.
Councilor
David Bellemore moved, seconded
by Councilor Scott, to accept the Minutes of the
May
10, 2007
,
City Council meeting, as amended. The
motion was adopted unanimously, 6:0.
Councilor Scott questioned whether Christine
May had adequate experience related to municipal legal terminology that
would be needed in the work of the Comprehensive Plan/Ordinance Committee.
Councilor Navetta
responded that Ms. May was an experienced writer and that the major job of
the Committee would be to determine how adopted Ordinances fit into the
existing City Code.
President Howison
said he agreed that persons with experience in local government would be
important to the successful work of the Committee.
He encouraged additional persons to apply for appointment to the
vacant membership positions remaining.
Councilor Navetta
said she believed it was important for the Comprehensive Plan to be
integrated into the City Code.
Planning Commission
Chairperson George Burke said that according to the description of the
powers and duties of the Planning Commission, it was responsible for
making recommendations to the City Council regarding changes to the
Comprehensive Plan.
President Howison
said the Committee was not asked to recommend changes to the Comprehensive
Plan, but to recommend how policies it contained could best be integrated
into the City Code.
Councilor Bob
Petersdorf said it was his understanding that the Comprehensive
Plan/Ordinance Committee would make recommendations for incorporating the
Plan into the Code, but that they would be reviewed by the Planning
Commission before being placed before the City Council.
He said it was important to emphasize that members of the Committee
were not to recommend incorporation of interpretations of the
Comprehensive Plan, but the Plan itself, into the Code.
Councilor Richard
Koehler suggested that the work of a group previously assigned a similar
task had created Ordinance proposals without reference to the
Comprehensive Plan and that the present Committee had been formed to do a
“make-good” of the unfinished work of the previous group.
President Howison
said he was confident that Councilor Navetta, as the Chair of the
Committee being formed, would keep the Council informed of its work.
In response to a
question from a member of the audience, President Howison gave his
assurance that the recommendations of the Committee would comply with
provisions of Oregon Statewide Planning Goal One related to citizen
involvement.
Councilor Navetta
said public hearings were how citizens were normally involved in
establishing Ordinances. She
said she did not believe recommendations regarding minor details needed
the formation or involvement of a Dunes City Committee for Citizen
Involvement (CCI).
Councilor
Bellemore moved, seconded by Councilor Petersdorf, to appoint Christine
May to the Comprehensive Plan/Ordinance Committee.
The motion was adopted unanimously, 6:0.
Councilor Petersdorf
moved, seconded by Councilor Bellemore, to accept the Minutes of the
May
10, 2007
,
City Council meeting, as amended. The
motion was adopted unanimously, 6:0. (This
is the second time this action was taken.)
3. RECEIPTS OF THE SESSION
President Howison
reviewed information contained in a document entitled “Receipts of the
Session: 05/11/07-06/14/07.”
He noted that revenues exceeded expenditures.
4. ANNOUNCEMENTS
President Howison
reported that there was a vacancy on the Site
Review Committee and invited applications for appointment.
Councilor Navetta
explained that the Site Review Committee investigated reports of Ordinance
infractions, minor and major.
President Howison
reported that the current City Hall art
exhibit had been provided by Birgitt Lyon.
President Howison
announced that the annual Festival of the
Lakes celebration was scheduled for August 18 and that there continued
to be a need for Fire Fighters and Community Emergency
Response Team (CERT) volunteers.
5.
UNSCHEDULED ITEMS
None.
6. GUEST SPEAKERS/CITIZEN INPUT
Bob Chuzas, 83451 Parkway Drive, said he believed residents
were overburdened with recently adopted City ordinances.
He recommended that more attention be given to enforcing ordinances
already in place such as those requiring re-vegetation of property.
President Howison
encouraged Mr. Chuzas
to make an official report of the infractions he had noted to the
Conservation Committee.
Councilor Petersdorf
said he believed it was the duty of citizens to identify Ordinance
infractions and that the appropriate committee should make reports
regarding them to the Council.
Councilor Koehler
stated that that he believed “stripping the land” was an infraction,
not failure to re-vegetate it within a year.
He said it would be important to develop that understanding among
citizens.
Councilor Navetta
said she had combined the functions of Police Commissioner and Site Review
Committee and regularly made reports to the Council on investigations of
identified violations.
Councilor Koehler
said his experience on a committee charged with identifying ordinance
infractions showed that videotaping areas of infringements was a valuable
tool that led to property owner compliance.
George Burke,
04838 Lake
Boulevard
, stated that he
was frequently asked to explain why he attended and contributed to
discussions at meetings of the City Council.
He said that approximately eight months previously, the Council had
recognized a need to have better communication with the Planning
Commission and determined that he would be assigned a special advisory
role. He said he had been
designated to serve as liaison because of the many hours he spent each
week dealing with Ordinances in volunteer planning work for the City.
He read a description of the responsibilities and duties of the
Planning Commission. He said
he would continue in the role of liaison until he was asked to stop by the
Council.
Mayor Sheldon Meyers
joined the meeting at
7:25 p.m.
, explained that
he had been guest speaker at a meeting of his college alumni association,
and assumed the role of presiding officer.
Steve Miller,
no address provided, stated that he was an attorney representing property
owners in the
Dunes
City
area.
He explained that he had been asked to discuss their concerns that
members of the Council did not understand and follow Oregon Public Meeting
and Records laws. He said
recent incidents appeared to have eroded public confidence in the Council.
Councilor Howison
raised a point of order. He
said he believed the time on the Agenda set aside for citizen input should
not be hijacked by an outsider not identifying those he represented.
He said he also believed the three-minute limit for presentations
should be enforced.
Councilor Scott said
he believed Mr. Miller had a right to address the Council as an attorney
representing citizens.
Councilor Bellemore
said the guidelines for public testimony at Council meetings required that
citizens give their names and addresses.
Councilor Howison
suggested that, in light of the important and long-delayed matters on the
Agenda of the meeting, Mr. Miller be asked to present a written statement
for consideration of the Council at a later meeting.
Councilor Petersdorf
said citizen input guidelines provided for Councilors to receive
time-limited presentations without responding.
He said time for discussion of presentations could be scheduled at
a subsequent Council meeting.
Councilor Koehler
said he was concerned that the presentation of Mr. Miller would involve
matters with legal consequence, rather than an explanation of the views of
citizen. He proposed that the
Council be able to study the suggestions that Mr. Miller was about to make
before they were presented in an open meeting.
Mayor Meyer
determined that it was appropriate for Mr. Miller to present the concerns
of those he represented in a summary fashion and stated that if any
further consideration of it were warranted, time would be scheduled at a
future meeting.
Mr. Miller said he
was aware of Council guidelines for citizen input, thought that his
position as representative of several citizens gave him standing to
participate, and considered that past application of the guidelines
allowed those he represented to yield their collective time for his
presentation.
Mayor Meyer asked Mr.
Miller to state the concerns of the citizens he represented.
Mr. Miller stated
that, “bottom line,” he had been asked to present a request for
Councilors Howison and Navetta to resign from their elected positions.
On the request of
Councilor Navetta, Mayor Meyer asked Mr. Miller to identify those whom he
represented.
Mr. Miller stated
that several of his clients were present and that he would submit a
written document outlining the concerns he had been asked to raise.
Norman Martin,
83750 Rio Drive, stated that he did
not believe the Public Hearing considering Ordinance No. 193 held at the
May 10 Regular Meeting of the Council had been officially closed.
He asked if the City Attorney could explain if it was possible to
hold the required second hearing on the adoption of an Ordinance before
the first hearing was closed and if there was a set period required
between a first and second hearings.
City Attorney Gary
Darnielle explained that when Council deliberation regarding the proposed
Ordinance had been completed and the next Agenda topic considered, the
public hearing was closed. He
said that the Dunes City Code only required that public notice be given of
the intention to hold a second hearing regarding adoption of an Ordinance
for it to be valid, not that a specific period of time was required to
have elapsed.
Ralph Farnsworth
stated that his experience attending Council meetings led him to believe
the Council considered enforcement issues significant.
He said he had also frequently heard interest in establishing a
Dunes City Municipal Court to bolster enforcement.
He asked what the current status of the matter was.
On the invitation of
Mayor Meyer, Mr. Darnielle replied that recent financial turmoil faced by
Lane
County
had affected
its ability to establish a new local
Justice Court
.
He reported that responsible officials had expressed support for
it. He said he would report to
the Council regarding it on an ongoing basis.
He said the current likelihood that the County would continue to
face financial instability made immediate establishment of a new Municipal
Court unlikely.
Councilor Petersdorf
said he believed the recently announced retirement of Lane County
Administrator Bill Van Vactor would also affect its ability to conduct its
affairs in a timely fashion.
7. UNFINISHED/OLD BUSINESS
A.
Siltcoos Lake Water Rights
Mayor Meyer reported that he had received a copy of a letter dated
June 4, 2007
, from the
Siltcoos Lake Association to International Paper Corporation regarding the
interest of the Association in acquiring water rights and property related
to the
Siltcoos
Lake
dam owned by
the Corporation. He read the
letter. He reported that he
had contacted David Jackson, who had sent the copy to him, and expressed
the interest of the City in participating in discussions about
Siltcoos
Lake
water rights.
He said he had indicated that he had been designated to represent
the City in such matters and had arranged to participate in future
meetings of the Association regarding it.
In response to a question from Councilor Bellemore, Mr. Darnielle
explained that associations such as the Siltcoos Lake Association were
organizations that operated independently from the City.
He reported that the Siltcoos Lake Association was in the process
of establishing itself as a legal entity with nonprofit status recognized
by the Internal Revenue Service. He
suggested that the International Paper Corporation would likely engage in
discussions with the Association only if the City gave indication that it
recognized the Siltcoos Lake Association as the lead group in carrying out
negotiations.
Mayor Meyer reported that, as instructed, he had written to
International Paper to state the interest of
Dunes
City
in discussing
acquisition of
Siltcoos
Lake
water rights.
He said it seemed to him that the Association would be the most
comprehensive agency to carryout the discussion, since parts of the
Lake
were located within its jurisdiction and other parts within the
jurisdictions of
Lane
County
, the State of
Oregon
, and
Douglas
County
.
Councilor Petersdorf said he believed
Dunes
City
would best
protect the property investments of citizens if it were able to control
Siltcoos
Lake
and its dam.
Councilor Howison said he had learned that an estimated purchase
price of the property involved was $200,000.
He suggested that raising such funds would be most feasible if
foundation and government grants were secured.
He also suggested that grant providers would likely be more
favorably inclined to provide funds if the City was involved.
Councilor Petersdorf suggested that the Council ask the Association
to provide suggestions of what it should do regarding
Siltcoos
Lake
water rights.
Mayor Meyer said he was willing to act as the liaison of the City
in discussions of the Homeowners Association and report their progress,
but that he did not believe he could not commit the City to any action
without the prior consent of the City Council.
B.
Lien
Removal
Mayor
Meyer announced that the Council would consider a request to remove City
liens on Tax Lots 1200 and 1300 on Lane County Assessor’s Map
19-12-26-21.
Ira
Shubert,
5279 Hilltop, introduced his sister, Gloria Smith, same address,
whom he said would assist him in his presentation.
Ms.
Smith read a statement recounting complaints regarding the condition of
their property and the life style of its previous owners.
She described their efforts to improve its appearance and remit
unpaid taxes. She said it was
their desire to move forward with its rehabilitation and to improve
relations with the residents of the neighborhood.
Councilor
Scott stated that when Ms. Smith and Mr. Shubert purchased the properties
in a foreclosure proceeding, they should have been informed of the liens
against it held by the City. He
also suggested that their efforts to improve the property with a chain
link fence had not begun until a year after they had taken ownership and
that until it was installed, the property was an “attractive
nuisance.”
Ms.
Smith replied that they had not been informed of the City lien at the time
of their purchase of the property and were unaware that a fence had been
required.
Councilor
Petersdorf stated that the City had established liens for $5,000 on each
of the tax lots. He explained
that the garage accessory structure on one of the lots was not permitted
by the Dunes City Code. He
said a plan for how the illegal nature of the situation would be addressed
was also needed in order to consider removal of the liens.
Mr.
Shubert explained that the garage was not used and that he believed it was
possible for the lots to be sold separately.
Ms. Smith added that it was difficult to proceed with sale of the
property without knowing the intent of potential purchasers.
Councilor
Petersdorf said the Council could not remove liens on the properties until
their illegal status was corrected because sales might take years to
complete.
Ms.
Smith reported that parties who had expressed interest in the properties
did not want to proceed with their purchase without the liens being
removed.
Councilor
Howison suggested that City expenses related to the properties, including
the process to establish the liens should be known before consideration
was given to their removal.
Mr.
Darnielle said that he and Ms. Hickey had estimated that the cost of all
City efforts related to the properties was approximately $5,000.
He said the effort had been undertaken to encourage its sale,
rehabilitation, and development. He
ventured that if the liens limited progress on the goals, consideration
should be given to compromise.
Councilor
Scott determined that the original City lien on the properties had been
$49,000 and suggested that the City had already significantly reduced its
claim on the property.
Councilor
Petersdorf said he could support reducing the lien to $5,000, if the two
tax lots were consolidated. He
said he believed that it would be difficult to sell the lots individually
because of its steep terrain.
Councilor
Bellemore said he believed it was in the best interest of the City to
combine the lots for development and that he would support negotiations
that would reduce the liens if it were done.
Mayor
Meyer asked if consideration had been given to consolidating the lots.
Ms. Smith replied that the option had not been considered, but that
there were parties interested in buying both lots.
Councilor
Scott said he believed there would be better development of the properties
if the two lots were consolidated because the garage would become a legal,
usable structure and access to the other lot would be enhanced.
Councilors
discussed a proposal to maintain the $5,000 lien on each property if they
were sold separately, but reduce the lien to a total of $5,000 if there
were a lot line adjustment combining them into a single property.
Councilor
Navetta determined that the administrative and filing fee costs of
removing one lien would not exceed $200.
Councilor
Bellemore moved, seconded by Councilor Scott (and
later on by Councilor Petersdorf),
that to satisfy City liens on
Tax Lots 1200 and 1300 of Lane County Assessor’s Map 19-12-26-21,
the property owners will be required to pay $5,000 per lot, with the
understanding that if the lots are combined, the total payment will be
$5,000, but if the lots are continued separate, the total payment will be
$5,000 for each lot; and that the property owners have 90 days to confirm
their intentions regarding consolidation of the lots.
The motion was adopted unanimously, 6:0.
C. Fish Mill Drive
Councilor Howison said he had discussed with Mr. Darnielle whether
it would be appropriate for him to intervene in issues related to the
improvement of
Fish Mill Drive
.
He read sections of the minutes of the May 10 Council meeting,
which stated that an impasse had developed whereby property owner Judy
Bedsole refused to hold the City blameless for damage that might be done
to vegetation on her property during the reconstruction process and that
it became impossible to proceed with the improvement project.
He also noted that, at the same meeting, the Council had accepted
the offer of a neighbor to transfer ownership of a portion of property that included a section of
the
Fish Mill Drive
roadway, stormwater system, and a
retaining wall to the City at no cost.
Councilor Howison reported that he had developed a proposal for a
compromise agreement that was acceptable to Ms. Bedsole, as follows:
-
Road construction would be
delimited to a five-foot distance from trees on the Bledsoe property, as
recommended by the Oregon State University Lane County Extension Service.
-
An 18-foot wide road would be
constructed around a corner identified by Ms. Bedsole, as already
proposed.
-
Ms. Bedsole would hold the
City blameless for damage to trees on her property that might result from
road construction.
Councilor Howison said the agreement addressed the water drainage
concern of the City, would improve traffic movement around the corner, and
protect the trees –improving their ability to prevent soil erosion.
Councilor Howison reported that City Engineer Michael McAllister
had recommended that he be allowed to evaluate the roadway plans to ensure
that the proposal was feasible. He
said it would be necessary to determined if changes to the plan affected
its construction cost, after which it would be submitted to the Road
Commission to make a recommendation regarding its approval to the City
Council.
Councilor Petersdorf asked who would pay for the expense of having
the City Engineer inspect the site and evaluate the proposed remedy.
Councilor Howison replied that he had been willing to pay the
expense himself, but that he had been assured by Mr. Darnielle that it had
been within his authority to request the evaluation.
He said, in hindsight, he believed he should have also discussed
the matter with Councilor Petersdorf as Road Commissioner, and with Mayor
Meyer.
Councilor Scott asked how the proposed compromise would affect
neighboring property. Councilor
Howison replied that he believed the proposal would affect only City
property, if the neighbor followed through with the offer of deeding a
portion of his property to the City.
Councilor Scott said he was concerned about the proposed compromise
because it was his understanding that the Council had agreed not to
proceed with the road improvement until Ms. Bedsole agreed to hold the
City blameless for any damage to trees on her property.
He said he believed the Council’s unanimous agreement to accept
the donation of the neighboring property closed its consideration of the
matter. He said he was
troubled by the independent actions of Councilor Howison and suggested he
had acted inappropriately.
Councilor Howison said he did not believe the understanding of
Councilor Scott of what had happened at the May 10 Council meeting was
reflected in its Minutes.
Councilor Scott replied that it was his recollection that an
unstated agreement had been reached that there would be no further action
on
Fish Mill Drive
reconstruction until Ms. Bedsole agreed to
waive City liability for any damage done to trees on her property during
the project.
Councilor Bellemore said his recollection coincided with that of
Councilor Scott and that the reaction of Ms. Bedsole was “something to
the effect” that “I guess we’re going to get a lawyer.”
Councilor Petersdorf read a portion of Section B.3 of City Council
Procedures and Rules regarding the impropriety of an elected official
participating in a discussion in which that official had a financial
interest. He said he believed
the willingness of Councilor Howison to pay for the expense of hiring the
City Engineer to evaluate his proposed compromise regarding reconstruction
of
Fish Mill Drive
made him biased in its consideration by
the Council.
Councilor Koehler said he admired Councilor Howison for his effort
to save the City money by seeking to avoid the expense of protracted
litigation.
*
* *
Summary minutes from this point forward *
* *
*
* *
Cost saving recommended by City Attorney
* *
*
Councilors discussed their opinions about the proposed compromise.
Mr. Burke reported his understanding of its impact on his property
and his unwillingness to give up additional property for improvement of
the roadway.
Councilor
Howison moved, seconded by Councilor Koehler, that the City Council direct
the City Engineer to review current drawings of the Fish Mill Alley and
Lake Boulevard Road improvement proposal to incorporate an eighteen-foot
corner road and a five-foot clearance of the trees on the east side of
Fish Mill Alley; if engineering such measurements are possible, our
engineer could be instructed to proceed with an updated estimate, but
prior to that it should go to the Road Commission for a recommendation to
the City Council.
Councilors discussed the motion and proposed compromise.
Mr. Darnielle suggested that the City Engineer be paid from the
General Fund for City work done in good faith rather than Road Funds.
Councilor
Howison withdrew his motion. Councilor
Koehler withdrew his second of the motion.
Councilor
Howison moved, seconded by Councilor Petersdorf, that the City Council
direct the Road Commission to review current drawings of the Fish Mill
Alley and Lake Boulevard Road improvement proposal to incorporate an
eighteen-foot corner road and a five-foot clearance of the trees on the
east side of Fish Mill Alley and to contact the City Engineer to determine
if such changes were feasible.
Councilors discussed the motion.
The
motion was adopted, 5:1, with Councilor Scott voting no.
D. Re-Vegetation Invoice
Councilors discussed an informal agreement reached at the May 10
meeting in which staff was asked to secure an accurate bill for
re-vegetation of property owned by David and Kim Esrig, eliminating
expenses for bark and labor, and to seek informal consensus to pay it from
Councilors before the next meeting.
Ms. Hickey reported that she had secured a revised total for the
bill, communicated it to members of the Council via e-mail, and had been
instructed to delay paying it until it was further discussed at the
current meeting. She said it
was her understanding that the Conservation Committee intended to examine
the re-vegetated property and determine if the cost to be paid by the City
was appropriate.
Councilor
Howison moved to authorize payment of a revised bill for re-vegetation
costs as submitted by David and Kim Esrig, not including the purchase of
bark and the labor for its application.
The motion appeared not to be recognized.
Councilor Scott moved, seconded by Councilor Howison, to authorize
payment of a revised bill for re-vegetation costs a submitted by David and
Kim Esrig, not to exceed $1,000, and excluding the purchase of bark and
the labor for its application. The
motion was adopted unanimously, 6:0.
7.
NEW BUSINESS
A. Resolution
06-14-07
– Adopting the Budget
Mayor
Meyer announced that the Council would consider Resolution
06-14-17
, A RESOLUTION
ADOPTING THE 2007-08 FISCAL YEAR BUDGET AND MAKING APPROPRIATIONS.
Budget Committee Chairperson Bob
Read,
05020 Ford Way
, presented the
Budget and expressed concern that a recent downturn in City revenues
suggested that anticipated expenditures could exceed revenue.
He discussed the importance of restricting expenses.
Councilor
Scott moved, seconded by Councilor Petersdorf, to adopt Resolution No.
06-14-07
,
as presented.
Councilors discussed the Budget and its
preparation.
The
motion was adopted unanimously, 6:0.
B. Resolution
06-14-07
(A)
– Water Right Administrative Fee
Mayor Meyer announced
that the Council would consider Resolution
06-14-17
(A),
A RESOLUTION AMENDING THE ANNUAL ADMINISTRATIVE FEE FOR WATER RIGHT
PERMIT HOLDERS.
Councilor
Petersdorf moved, seconded by Councilor Howison to adopt Resolution
06-14-17
(A),
as presented.
Councilors discussed
the proposed annual fees set by the Resolution.
The
motion was adopted unanimously, 6:0.
Mayor
Meyer tabled consideration of Proposed New Ordinances, Reports, and
holding an Evidentiary Hearing until after Public Hearings scheduled to
begin at
9:00 p.m.
were completed.
He declared the Council meeting to be in recess at
8:55 p.m.
8. PUBLIC HEARINGS
Mayor Meyer
reconvened the meeting.
A. Little
Woahink
Lake
Planned Unit Development
Mayor Meyer reopened a recessed Public Hearing on applications for
Little Woahink Lake planned unit development, Preliminary Subdivision, and
concurrent zone change, Lane County Assessor’s Map No. 19-12-11-4, Tax
Lot 100 (PUD/ZON 01-06). He
said the applicants were Darren and Alisa Kronberger, doing business as
MJK, LLC, and that they were represented by Michael Farthing.
Mr. Darnielle referred to a document entitled “Findings of Fact
and Decision in Support of Planned Unit Development, Subdivision and Zone
Change Applications for Little Woahink Lake PUD,” with attachments.
He explained the procedure for consideration of the applications
and said if the Council was unable to approve the application as
presented, it would need to offer different findings of fact and instruct
that the document be re-written.
Michael Farthing,
767 Willamette
Street
,
Eugene
, introduced
Shane Hughes, engineer for the project, and Gunnar Schlieder,
geo-technical consultant for the project.
He said he believed the applicants had made their final submissions
and reviewed additions and changes made to meet concerns raised during its
previous consideration by the Council.
Mayor Meyer closed the Public Hearing and invited Councilors to
deliberate on the applications.
Councilor Howison observed that the complicated nature of the
applications led him to discuss issues he considered significant.
He referred to the geological constraint map submitted and reviewed
concerns previously raised about soil erosion.
He referred to the geologic hazards map submitted and reviewed
concerns previously raised about soil erosion.
He also raised concerns about the proposed subsurface sewage
system, the unsuitability of the soils at the development site, and other
issues identified in submitted reports and relevant studies.
He stated that the proposed development conflicted with various
health and safety Dunes City Ordinances.
He concluded that the application did not satisfy the concerns he
had raised.
Councilor Navetta asked who the owner of the dam on Little Woahink
Lake was. Mr. Farthing replied
that the issue was being contested with State authorities, but that his
clients believed they had legal ownership.
Councilor Navetta said she believed that not having the issue of
lake ownership resolved was a concern in her consideration of the
applications. She said she
disputed findings of fact, which purported that the proposed development
did not contain any “panhandle lots.”
She said she did not believe it was appropriate that water supply
storage for the PUD was to be located outside the property designated for
the development. She expressed
concern that fire hydrants would be not be installed.
She said she shared the concerns raised by Councilor Howison
regarding issues of health and safety and soil suitability.
Councilor Scott commended the application and said he believed the
concerns raised by Councilors had been fully addressed.
He reviewed issues raised and how they were proposed to be
resolved.
Councilor Navetta said she was concerned about issues raised by the
proposed Covenants, Conditions Restrictions, and Easements for the
development related to zoning, parking, and composting.
Councilor Koehler said he was concerned that area water quality
could be affected by the unsuitability of soils and that an earthquake
fault was in the proposed PUD site.
Councilor Bellemore complimented the engineers working on the
proposed PUD. He said he was
concerned that studies of the location of the development identified it as
unsuitable for development. He
said he believed the application “pushed too hard” in a delicate area.
Mayor Meyer said he believed the application addressed all of the
concerns previously raised by the Council.
Councilor Petersdorf said the basic problem in approving the
application was Councilor lack of trust in the experts provided by the
applicant.
Councilors and Mayor Meyer discussed issues raised and whether the
application should be approved.
Councilor Howison moved,
seconded by Councilor Navetta, to deny the application for a zone change
to add a Planned Unit Development suffix to Tax Lot 100 of Lane County
Assessor’s Map No. 19-12-11-40; and to deny the application for a
Preliminary Subdivision for Little Woahink Lake Planned Unit Development,
having considered evidence for and against the proposal, based on findings
of fact to be prepared based on concerns raised during the meeting and
previously.
Councilors discussed the effects of the motion and previous related
Council actions. Consideration
was given to the possibility of an appeal of the decision to the Oregon
Land Use Board of Appeals.
Mr. Darnielle explained that the decision in the motion would be
finalized when the Council considered and approved the findings of fact
that he would prepare for their next meeting.
He also explained that, if the motion were adopted, the Council
would still need to act on an application submitted for development of a
subdivision on the property, using only existing criteria, not provisions
of the Dunes City Comprehensive Plan.
The motion was adopted,
4:2, with Councilors Petersdorf and Scott voting no.
Councilors discussed whether a
decision regarding the previously received application for subdivision
should be made at the current meeting.
Councilor
Petersdorf moved, seconded by Councilor Scott, to approve the application
for development of a Little
Woahink
Lake
Subdivision, based on findings of fact and applicable criteria to be
developed by the City Attorney.
Councilors discussed the motion.
The
motion was not adopted, 2:4, with Councilors Bellemore, Howison, Koehler,
and Navetta voting no.
Councilor Howison moved to deny the application for development of
a Little
Woahink
Lake
Subdivision, based on findings of fact and applicable criteria to be
developed by the City Attorney.
Mayor Meyer determined that the motion was redundant and out of
order. He instructed the City
Attorney to return with findings of fact and other required documentation
to implement the adopted motion at the next Regular Meeting of the
Council.
B.
Ordinance No. 193 – Erosion Control
Mayor Meyer opened a Public Hearing on Ordinance No. 193, AN
ORDINANCE ESTABLISHING STANDARDS AND PRACTICES TO RESTRICT SEDIMENTS
RESULTING FROM LAND DISTURBANCE FROM INTRUDING INTO ANY PUBLIC WATER
BODIES OR ONTO ANY RIGHT-OF-WAYS OR CROSSING OWNERSHIP PROPERTY LINES.
Councilor
Howison moved, seconded by Councilor Bellemore, to have the First Reading
of Ordinance No. 193, AN ORDINANCE ADDING CHAPTER 121, EROSION CONTROL, TO
TITLE 14 OF THE DUNES CITY CODE, REPEALING SECTION 154.05 OF THE DUNES
CITY CODE be by title only.
Councilors discussed the motion.
The
motion was adopted, 5:1, with Councilor Petersdorf voting no.
Mr. Darnielle explained that
unanimous consent was required only on the procedural motion to hold the
First and a Second Reading of an Ordinance at a single meeting.
Mayor Meyer determined that no Councilor had a conflict of interest
regarding adoption of Ordinance No. 193.
Mark Chandler,
4934 Lakeshore Drive
, distributed copies of a document entitled
“Some Thoughts on the Erosion Ordinance.”
He reviewed suggestions it contained.
He noted that he had also distributed a document containing the
provisions of an Ordinance adopted by Curry County entitled “Erosion
Prevention and Sediment Control” and reviewed its provisions for
development affected.
Gordon Robertson,
83623 Jensen Lane
, stated that he supported adoption of
Ordinance No. 193 and that he thought it wise to postpone its final
adoption until the next Council meeting.
He reviewed suggestions he had made earlier to Councilor Howison,
who reported that he had distributed copies of his notes of the
conversation to Councilors.
Darlene Beckman, 82159
Booth
Island
, stated that she supported the goals of
the proposed Ordinance, but opposed its provisions for achieving the
goals. She said she believed
its provisions were overly cumbersome, picayune, and ignored existing
erosion control regulations of the State.
Norman Martin, 83750 Rio Drive, distributed copies of a
document entitled “Objections to Erosion Control Ordinance No. 193.”
He displayed copies and identified 21 documents listed on pages
four and five of the document that he said he wanted to be part of the
record of the Public Hearing. He
read eleven extended statements on pages one through three of the
distributed document that he said characterized his opposition to the
Ordinance.
Mayor Meyer asked Mr. Darnielle to make a responsive report on the
presentation of Mr. Martin at the next consideration of Ordinance No. 193.
Mayor Meyer determined there were no further requests to testify,
closed the Public Hearing, and invited Councilors to deliberate.
Councilor Howison asked that staff display a document containing
provisions of the proposed Ordinance for determining an erosion plan for
property based on its size and gradation.
He said he wanted to review various options considered for matters
to be included in development of the Ordinance.
Councilors discussed how the options should be considered and
reviewed differing understandings of the involvement of the Planning
Commission.
Councilor
Koehler moved, seconded by Councilor Scott, to table further consideration
of Ordinance No. 193 until the next meeting of the City Council.
Councilors discussed the
motion and whether recommendations regarding it should be requested from
the Planning Commission.
Councilor
Howison moved, seconded by Councilor Koehler, to amend the motion to state
that consideration of Ordinance No. 193 is a health and safety issue.
Councilor Bellemore moved, seconded by Councilor Koehler, to extend
adjournment of the meeting beyond the mandated time of 11:00 p.m.
The motion was adopted unanimously, 6:0.
The motion to amend the motion to table by identifying Ordinance 193 as
a health and safety issue was adopted, 4:2, with Councilors Petersdorf and
Scott voting no.
The amended motion to table was adopted unanimously, 6:0.
9. EVIDENTIARY
HEARING – Riparian Area Infractions
On the invitation of Mayor Meyer, Mr. Darnielle suggested that
Councilor Howison be asked to present the current situation related to
alleged infractions of Dunes City Code associated with lakeside riparian
areas at 83566 Woodland Lane, property owned by George and Rosemary Reedal.
Councilor Howison reviewed his understanding of the effectuation of
a Council order to have fence posts illegally installed in the riparian
area cut off at ground level, the felling of a tree without a permit, and
a stop work order that was issued regarding the use of tree bark as
riparian area ground cover.
Alice Helmuth, 83570 Woodland Lane, read a statement dated
June 14, 2007, which described her observations of violations in the
riparian area of the Reedal property from March 2004 to the present.
She distributed copies of her statement and circulated photographs
illustrating her contentions.
Richard Reedal, 85221 Ridgetop Drive, Eugene, stated that he
had power of attorney and represented his parents, George and Rosemary
Reedal. He expressed an
opinion that Council action on Ordinance No. 193 was an attempt to make an
“end run” around his stated intent of filing a Measure 37 claim
against the City. He described
ongoing conflict between his parents and their neighbors, Ms. Helmuth and
her family, and attempts made to rectify issues related to the disputed
fence. He stated that
permission to remove the tree in question had been secured from the
Planning Commission. He said
the stop work order was being obeyed.
He reviewed concerns raised in the statement off Ms. Helmuth.
Councilors interrupted the testimony and suggestions of impropriety
were exchanged.
In response to a request of Mayor Meyer, Mr. Burke explained that
the Planning Commission had not issued a permit to remove the tree in
question, but had given permission to do so based on a determination that
the tree was dangerous by a City official that has made such decisions for
many years. He said the
permission included a stipulation that the tree be replaced with two new
trees.
Councilors discussed resolution of the issues raised in the
hearing.
Mayor Meyer led the Council into agreement (1) that fence posts on
the Reedal property ordered to be removed should be removed within 60 days
from the date when the Council order had been issued, (2) that two
replacement trees for the tree felled in the riparian area are to be
planted by the end of November 2007, and (3) that the Conservation
Committee will send representatives to the property to prepare a report on
current conditions in its riparian area within the next two weeks to be
considered at the next meeting of the Council.
With the seeming agreement of the Council, Mayor Meyer granted a
request of Mr. Reedal to continue the hearing until at least two weeks
after the report of the Conservation Committee was completed, to allow him
to respond and to complete his testimony.
The extension was issued with the stipulation that no testimony
would be allowed regarding the actions of contenting parties.
Mayor Meyer stated that Agenda items not covered would be added to
the Agenda of the next Regular Meeting of the Council.
The meeting adjourned at approximately 11:50 p.m.
(Recorded
by Dan Lindstrom)