Dunes_City_Council_Minutes

Dunes City Council

M I N U T E S

Regular Meeting

August 9, 2007 – 5:30 P.M.

City Hall - 82877 Spruce St.
Westlake , OR 97439

COUNCILORS PRESENT:      Mayor Sheldon Meyer, David Bellemore, Peter Howison, Richard Koehler, Susie Navetta, John Scott.

COUNCILORS ABSENT:   Bob Petersdorf.

OTHERS PRESENT:       Joanne Hickey, Gary Darnielle, Teri Tinker (staff); George Burke (Planning Commission Chair), and approximately 60 citizens.

1.     CALL TO ORDER

        Mayor Sheldon Meyer called the meeting of the Dunes City City Council to order at 5:30 p.m.

        City Recorder Joanne Hickey called the roll, noted that Councilor Bob Petersdorf was absent and excused, and stated that a quorum was present.

        Councilors joined in the Pledge of Allegiance.

2.     UNSCHEDULED ITEMS NOT LISTED ON THE AGENDA

        Mayor Meyer stated that he had rescheduled the beginning of the meeting to allow extra time for public input, leaving ample time for the regularly scheduled business on the Agenda.

        Councilor David Bellemore read a statement in which he protested “in the strongest possible terms” the misuse of City funds and Council sessions “for political purposes.” He listed reasons for his position – the meeting had not been given proper public notice; the change in the start time of the meeting time was to allow those seeking to recall Councilors to engage in personal attacks, in violation of established rules of order; the extended meeting time was a misuse of City resources; and Council meetings were for conducting City business, not to provide a forum for citizens to raise issues not on its Agenda or to wage political campaigns. He stated that he would refuse to participate in the meeting until the “violations of well-established principles of public meeting procedure” ceased.

        Mayor Meyer responded to the statement of Councilor Bellemore. He said the error in the newspaper meeting notice had been corrected in radio announcements, no personal attacks would be allowed, the extended meeting would allow all matters to be given adequate time for consideration, he believed Council meetings were an appropriate forum for citizens to address their concerns, and he hoped Councilor Bellemore would continue to participate in the meeting because his contributions were valuable.

        City Attorney Gary Darnielle suggested that, if it developed that there were citizens wishing to make public comment who had not been informed of the change in the starting time of the meeting, the Council could make provision for their input at a later time in the Agenda.

        Mayor Meyer said provision had already been made for one citizen to make comments at a later time on the Agenda because he was unable to be present at the earlier starting time. He explained that he would allow others who wished to speak to do so at the same time, if they had not been aware of the earlier starting time.

        Councilor Susie Navetta said she agreed with the statement of Councilor Bellemore and was concerned about the additional expense required by the extended time of the meeting.

        Councilor John Scott said he believed the discussion was already taking time inappropriately and that it should be redirected to the scheduled Agenda.

        Councilor Richard Koehler stated that he believed that established principles and procedures had not been followed in the reordering of the Agenda and that he agreed with contentions in the statement of Councilor Bellemore.

        Councilor Navetta read a letter from “her attorney” which expressed concern about (1) the inadequate description of the title of the meeting Agenda item scheduled for 5:30 to 7:00 p.m., (2) the inability of Councilors to place matters of concern on meeting Agenda as provided by established rules of procedure, and (3) the need to follow time and slander restrictions and accepted rules of order in public presentations at meetings of the City Council.

        Mayor Meyer responded to suggestions of his mismanagement of meetings contained in the letter.

        Councilor Scott suggested that the time set aside for public input on the Agenda be extended by the time taken by Councilors to object to including the item.

        Councilors Bellemore, Koehler, and Navetta announced that they would not participate in the portion of the meeting that they considered illegal and left the dais at 5:25 p.m.

        Mayor Meyer noted that a quorum of Councilors was no longer participating in the meeting. He said he was willing informally to listen to concerns of the public in the absence of the Councilors who were refusing to participate.

        Mr. Darnielle stated that the meeting could not conduct business without a quorum.

        A citizen member of the audience stated that it was his understanding that once a quorum had been established, a meeting could continue, even if, at some point in the Agenda, enough members had left to eliminate the quorum.

        Mayor Meyer ruled that since no decisions would be made before 7:00 p.m., he and the two Councilors present could continue to invite public testimony on items not listed on the Agenda.

        Councilor Peter Howison suggested that testimony be limited to those who had not previously spoken before the Council.

        Mayor Meyer stated that it appeared that most of those who had requested time to speak had previously testified before the Council and that the suggestion would be difficult to implement.

        Councilor Howison read a statement that he said was in response to recent citizen complaints about his service on the City Council. He described his election as endorsement of a widely held concern over water quality and other environmental issues in Dunes City. He said he would continue to be dedicated to protecting the environment and improving the health and well-being of the City in the face of personal attacks and distortions of his record. He said the “efforts of a few must not interfere with the needs of the many.”

        Councilor Scott said he “took exception” to the portion of the statement of Councilor Howison regarding the toxicity of blue-green algae. He stated that its presence in Clear Lake where there was no development showed it likely had other non-related causes and that “blooms” of the organism had never occurred in any lake near to Dunes City.

        Councilor Howison replied that prevention was preferable to having to deal with an existing problem that could be detrimental to the health of area citizens.

        Norman Martin, 83750 Rio Drive, read a personal e-mail from Minutes Recorder C. Daniel Lindstrom to Dunes City Recorder Joanne Hickey. On the request of Mr. Martin, it is attached as Appendix A to these minutes.

        Debbie Pasternak, 5188 Hill Top Drive, read a statement that described her experience in discussion with a citizen seeking voter signatures on a petition to recall councilors. She suggested that those supporting the effort were pursuing personal gain and that the councilors being attacked were seeking to put “unadulterated honesty” back into Dunes City politics.

        Eric Hauptman, 5188 Hill Top Drive , read a statement in which he described his reason for choosing to live in Dunes City and his increasing concern about exploitation of the area by “developers and vested interests.” He expressed support for Councilors Bellemore, Howison, Koehler, and Navetta as “exceptional individuals . . . with no hidden economic agenda.”

        Dave Gosslin, 83591 Woodland Lane , stated that he was concerned that current efforts to recall councilors were detrimental to Dunes City . He said he was also concerned about a recent 50 percent increase in the annual City water meter fee. He asked the Council to reconsider its resolution enacting it.

        Linda Lauck, 83550 Kiechle Arm Road , read a five-page statement which she stated was refutation to allegations in an e-mail from Councilor Navetta seeking to damage the reputation of a City employee, Inspector of Roads Keith Herring. She was stopped in the reading at the end of allotted time. She asked that her entire statement be entered into the written record. It is attached as Appendix B to these minutes.

        Charlene Day, 4977 Lake Drive, read a statement in which she said she believed the effort to recall members of the City Council was an attempt to supplant them with “developers and their sympathizers.” She expressed appreciation for the efforts and approachability of Councilors Bellemore, Howison, Koehler, and Navetta.

        Alice Helmuth 83570 Woodland Lane , read a statement in which she quoted articles from recent issues of the Siuslaw News and characterized the initiators of the recall movement as persons with personal motivations. She was stopped in the reading at the end of allotted time. She asked if someone else could complete the reading of her statement.

        Mayor Meyer replied that unless a person already signed up to speak was willing to complete the reading, it would not allow be allowed. He said it was his intention to allow a short period of public testimony when the official meeting resumed.

        Robert Ash, 4964 Lake Drive , stated that he agreed with those who were testifying in support of Councilors Bellemore, Howison, Koehler, and Navetta. He said he did not support the recall effort.

        Greg Barnes 05425 Canary Road , said he was confused by the effort to recall City Councilors because they had been elected by an overwhelming majority of voters. He said he believed the effort was creating divisiveness and unnecessary expense. He said he believed the identified Councilors were committed to their positions and had initiated several new programs to better the life and environment of Dunes City.

        Marilyn Miller 83500 Kiechle Arm Road , expressed appreciation for the work of Councilors Bellemore, Howison, Koehler, and Navetta. She said she believed the recall effort was ill conceived and an attempt to besmirch their characters and work without cause. She recited allegations made in the recall campaign, saying they were baseless and were being pursued without concern for the cost it was creating for the City.

        April Dumas, 85486 Cold Springs Road , said she had become active in civic affairs shortly after moving to Dunes City and became aware of the self-serving actions and inactions of former elected City officials. She described lakes in the area as pristine and fragile. She said she believed the councilors against whom the recall effort was aimed were successfully working to enable responsible development of the area and should be supported.

        David Dumas, 85486 Cold Springs Road, said he believed the councilors against whom the recall effort was directed should be applauded, not denigrated, by those on both sides of issues to which they were committed. He said citizens should discuss issues with those with whom they disagree, not engage in divisive efforts.

        Wally Schultz, no address provided, stated that he was a certified, practicing safety engineer; formerly a member of the American Society of Safety Engineers; and the president of Woahink Butte Community Water System. He said users of the system were experiencing a decline in water quality and had recently made a significant investment to improve its treatment. He said be believed the current meeting was improperly called and was wrongly dedicated to consideration of issues about which few had a complete understanding.

        Lee Riechel, 83541 Jensen Lane , said he believed the City Council had “lost its way” in its enactment of restrictive land use ordinances without a full understanding of the cost or effect of their implementation. He said the effort had been undertaken without adequate evidence of the source of phosphors contamination and the effect of remediation efforts. He said he believed the water quality improvement effort was a guise for an anti-development movement. He suggested that the Council refocus its efforts on water protection.

        Judy Martin, 837350 Rio Drive, read a letter to the Mayor and Council dated August 9 in which she decried what she said was biased restriction of information published by the Communications and Education Committee and its Chairperson, Councilor Koehler. She said the effort was typical of behavior by other councilors for whom a recall was being initiated. She requested that the letter be included in the written record of the meeting. It is attached as Appendix C of these Minutes.

        Robert Chuzas, 83451 Parkway Drive, read a letter to the Council dated August 9 in which he reviewed statements made by Councilor Koehler quoted in the Siuslaw News and the record of the June 6 Council Workshhop. He said the statements showed his insulting and demeaning attitude toward City staff. He was stopped in the reading at the end of allotted time. He asked that the letter be included in the written record of the meeting. It is attached as Appendix D of these Minutes.

        Marvin Beckman, 82150 Booth Island, read a letter to the Mayor and Council dated August 9 in which he quoted an attachment from David Jackson, President of the Siltcoos Lake Association regarding the removal of an insert from the Dunes City Newsletter prepared and paid for by the Association. He explained that permission had been secured for the insert to be distributed with the newsletter, but that it was removed by Councilor Koehler on his own initiative. He was stopped in the reading at the end of allotted time. He asked that the letter and its attachment be included in the written record of the meeting. They are attached as Appendices E and F of these Minutes.

        Dick Anderson, 83435 Highway 101, read a statement in which he suggested that removal of the Siltcoos Lake Association insert from the City newsletter by Councilor Koehler and inclusion of the views of others that he said were slanted was “censorship.” He also read a statement in which he contended that what he said were false and misleading assertions on the Dunes City web page which contended that there was a “no touch area” on lakeshore property included in the Comprehensive Plan of the City. He asked that the statements be included in the written record of the meeting. They are attached as Appendices G and H of these Minutes.

        Darlene Beckman, 82150 Booth Island, read the concluding paragraphs of the letter from Marvin Beckman (Appendix E) in which requests were made for (1) a determination of who had the authority to remove information from a mailing of the City newsletter, (2) to hold those who removed the insert from the newsletter financially responsible for the subsequent cost of it having to be mailed independently to City residents, and (3) that the Mayor appoint “a more responsible and unbiased committee” to oversee the Dunes City Newsletter.

        Mayor Meyer noted that the time to begin the regular meeting had arrived and declared the informal meeting to be in recess for five minutes.

        Mayor Meyer reconvened the meeting, noting that Councilors Bellemore, Koehler, and Navetta had returned to the dais and that a quorum was present.

        Mayor Meyer apologized for his part in the removal of the Siltcoos Lake Association insert in the Dunes City Newsletter. He explained that he had authorized it to be included, but had not informed Councilor Koehler of his determination. He suggested that he should personally be responsible for the additional expense of mailing the insert. He requested that it be distributed as soon as possible.

        Ms. Hickey said the insert would be mailed as soon as she was able to recruit volunteers to prepare the inserts for mailing.

3.         CONSENT AGENDA

        Mayor Meyer noted that the Consent Agenda included acceptance of Minutes of the June 6 and July 12 meetings of the City Council and approval of the Bills of the Session for July 13 through August 9 totaling $17,346.96. He reviewed nine of the bills that were over $1,000.

        Councilor Howison moved, seconded by Councilor Scott, to approve the Consent Agenda. The motion was adopted unanimously, 5:0.

4.     RECEIPTS OF THE SESSION

        Mayor Meyer reviewed the Receipts of the Session dated July 13 through August 9, highlighting those that were larger than $1,000.

5.     ANNOUNCEMENTS AND INFORMATION ITEMS

        Mayor Meyer noted that a volunteer was needed to serve on the Site Review Committee.

        Councilor Navetta raised a point of order, saying she had requested that acceptance of the minutes of the June 6 and July 12 Council meetings be removed from the Consent Agenda for separate consideration.

        Mayor Meyer said he had not been aware of the request and ruled that the motion to approve the Consent Agenda had included only approval of the Bills of the Session.

        Councilor Navetta requested that Paragraph 4 on Page 8 of the minutes of the June 6 Council meeting be changed, as follows:

                  Councilor Navetta said such a meeting had been held five years previously but that she had not been impressed by the representative of International Paper that had attended a recent meeting of the Council. She said he did not appear to have the authority to act for the company.

        Councilor Navetta requested that the note of the minutes recorder to the proof reader in Paragraph 6 on Page 15 of the minutes of the July 12 Council meeting be removed because it appeared to question what she had said.

        Mayor Meyer determined that there were no objections to the requests and the minutes were amended.

        Councilor Bellemore moved, seconded by Councilor Navetta, to accept the minutes of the June 6 and July 12, 2007, meetings of the City Council, as amended. The motion was adopted unanimously, 5:0.

        Mayor Meyer continued reviewing announcements – the Annual Festival of the Lakes celebration will be held on August 18 and volunteer fire fighters and Community Emergency Response Team members are needed

6.     GUEST SPEAKERS

        Mayor Meyer noted that the late arrival of George Westphal, a representative of the Oregon Department of Fish and Wildlife, had been anticipated by the Agenda and that his presentation about algae in Woahink Lake would be received later in the meeting.

        Bret Feingold, 5232 Berry Lane, stated that he had been asked to serve as Director of Emergency Preparedness for Dunes City and to be a member of the newly formed Westlane Emergency Operation Group which coordinated disaster readiness planning for the area.

        Mr. Feingold described the need to improve Dunes City communication capacities during a catastrophy. He said it would be important for the City to acquire a satellite telephone and radio transmitter. He suggested that plans for acquiring an emergency generator for City Hall, stockpiling medical supplies, and designating shelter and an information center needed to be made. He explained that grants were available to assist in the purchase of some supplies.

        Mr. Feingold described potential disasters that could isolate Dunes City – earthquakes, tsunamis, fires, and high winds. He said any disaster could make nearby emergency response services unavailable. He said the City Council and Mayor had the responsibility of establishing an emergency disaster preparedness plan.

        Ms. Hickey requested that the Council designate Mr. Feingold as the Dunes City Director of Emergency Preparedness. She said his participation as a member of the West Lane Emergency Operations Group would supplement, not replace, her own continued membership.

        Members discussed the report of Mr. Feingold.

        Councilor Scott moved, seconded by Councilor Navetta, to designate Bret Feingold as Dunes City Director of Emergency Preparedness and Dunes City representative on the Westlane Emergency Operation Group.

        Councilor Koehler requested that he be provided information regarding Dunes City disaster preparation to be posted on the City website.

        Councilor Howison reported the interest of area medical personnel in developing catastrophic disaster plans for the area.

        The motion was adopted unanimously, 5:0.

        Mayor Meyer requested that Mr. Feingold and Ms. Hickey coordinate formation of a Dunes City Disaster Preparedness Committee and that regular reports be made to the Council about its activities and concerns.



7.     REPORTS

        A. City Attorney

              Mr. Darnielle explained that, at the request of the Council, he had gathered information about establishing a Dunes City Municipal Court and had distributed it to Councilors and the Mayor via e-mail asking for feedback. He said that the three responses he had received seemed to favor establishing an agreement with the Lane County Justice Court in Florence to serve as the court of the City. He said doing so would eliminate the need for City staff to manage court affairs, but would require amendment of the City Code and creation of a contract to establish ways for the Court to operate within Dunes City regulations.

              Mayor Meyer said that he had responded to the information provided by Mr. Darnielle by supporting use of the Justice Court in Florence because the arrangement could be changed in the future if a more advantageous way of operating was determined.

              Councilor Scott said he agreed because it would be a way to determine the level of need for Court services.

              Councilor Howison said he also agreed because it would avoid placing additional responsibilities on the already overburdened staff.

              Ms. Hickey asked what it would cost to amend the Charter to enable establishing the Court.

              Mr. Darnielle replied that using a fall General Election would be less expensive that calling for such a measure to be placed on the ballot of a special election. He said he would prepare daft language for a Charter amendment for Councilors to review as a way to initiate the process. He said he would also determine the timing of deadlines for submission of measures to be included on a ballot.

              Ms. Hickey said she had been informed by a Lane County election official that it normally cost about $1,500 to place a measure on a November election ballot.

              Councilor Scott moved that the City Attorney be instructed to draft changes to the Dunes City Charter that would make it possible to establish a Dunes City Municipal Court, initially designating operation of the Court to the Lane County Judicial Court located in Florence.

              Mayor Meyer determined there was consensus to adopt the motion.



              Mr. Darnielle reported that he was currently working with the Road Commissioner on language to finalize an agreement with the Fish Mill Lodge regarding improvements to Fish Mill Drive. He said City Engineer Mike McAlister was also providing input on technical aspects of the project. He said it would be ready for Council consideration at its next meeting.



              Mr. Darnielle said he had been asked to explore whether a formal contract with Campbell Productions could create a more favorable agreement about the public use of video recordings it made of Council and other City meetings. He explained that the current arrangement resulted in Campbell holding the copyright to the material it produced. He said he would present a draft agreement for Council approval at a future meeting.

              Mr. Darnielle reported that, contrary to previous indications from the attorney representing the applicants for the Little Woahink Lake Planned Unit Development, they had determined not to waive the requirement that the City complete its action on the application within 120 days.

              Mr. Darnielle said he had been informed that the applicants had filed a request for a Writ of Mandamus in Lane County Circuit Court. He explained that the writ was a court order directing a public official to perform his or her duties without discretion. He said if the writ was granted, approval of the application would no longer be a land use matter subject to appeal to the Oregon Land Use Board of Appeals where Planning Goals and the City Comprehensive Plan would be taken into consideration, but would be decided by the Court itself based on other criteria. He said it would also create a significant financial liability to the City because, if it lost in the litigation, it could be required to refund of fees and to pay the legal expenses of the applicant.

              Mr. Darnielle reported that City staff was already receiving requests for copies of records of past hearing processes related to the application, including the findings of fact adopted by the Council to support its denial of the original applications. He said more could be expected.

              Mr. Darnielle explained that waiver of the 120-day requirement was never provided in writing, but the City had relied upon its verbal statement in good faith, allowing delays past the deadline set by acceptance of the application under the assumption that it enabled the applicant to refine the application. He said it was possible that the Court could take the circumstances into account in making its decision.

              Mr. Darnielle said granting the writ would not require the immediate approval of the applications identified as PUD 01-06 and ZON 01-06. He distributed copies of Findings of Fact supporting the Council’s denial of the application. He said Council approval of it could serve as the basis for a negotiated settlement that could prove to be more acceptable.

              Councilors discussed the issues involved in the court action.



8.     UNSCHEDULED ITEMS NOT LISTED ON THE AGENDA (Continued)

        Mayor Meyer stated that time would be allowed for citizens to address unscheduled items not on the Agenda.

        Audrey Farnsworth, 80837 Highway 101, described parallels between degradation of Woahink Lake with that of Squam Lake in New Hampshire, the setting for the play and film On Golden Pond written by Ernest Thompson.

        Ralph Farnsworth, 80837 Highway 101, stated that Siltcoos Lake water quality information supplied to the federal Environmental Protection Agency through the Oregon Department of Environmental Quality had led to it and the two Woahink lakes that feed it being included on an “impaired water” list. He described the effects of infested water on swimmers and upgrading required to a private water system. He read an e-mail message from Mark Chandler, 4934 Lakeshore Drive , that described algae bloom that had occurred in Woahink Lake and preventative actions that needed to be taken to prevent it. He was given additional time to present information regarding the Chrysochromulina polylepis algae, identified as being in Woahink Lake.

        Carol Retzer, 5445 Little Woahink Drive, read a statement in which she expressed support for Councilors Bellemore, Howison, Koehler, and Navetta. She also encouraged approval of proposed Ordinance No. 193 which she said would establish standards for restricting sediments into public right of ways and water bodies.

        Bob Read, 5020 Ford Way, stated that he wished to register his support for Dunes City Staff. He read the two final sections of the August 9 letter submitted by Bob Chuzas and attached to these minutes as Appendix D. The letter contended that public statements made by Councilor Koehler impugned the capabilities of the City Recorder and other members of the City staff. The letter requested that Councilor Koehler be censured. Mr. Read said it was his personal experience that staff were regularly maligned and that he believed they should be praised.

        Sarah Matson stated that she and her husband were building a home on Booth Island. She said she supported the work of Dunes City elected officials. She described the importance of water to the quality of life and property values of the area and said that because she and her new neighbors had much in common, they should avoid divisiveness and work together.

        Liz Purtell, 5394 Buckskin Bob Drive, stated that she was a 23 year resident of Dunes City and was dismayed by the abuse of members of the City Council. She said elected officials should be applauded for their hours of volunteer service, not demeaned. She decried the expense of a recall election and commented on the importance of the quality of life provided by area lakes.



9.         REPORTS (Continued)

        A. Planning Commission

              Planning Secretary Terri Tinker referred to her August 3 memorandum presenting comparisons of the number of various permit applications processed in 2007 to those processed in the previous five years. She noted that the 57 applications processed was much lower than the totals of previous years. She also referred to a report of her workload dated August 3.

              Planning Commission Chair George Burke reported on conversations he had held about progress in the transfer of Weir property to the City. He said the owner was completing the proper documents and that a discussion with representatives of Oregon Fish and Wildlife indicated that a decision about its approval was likely.

              Mr. Burke reported that he had met with representatives of Lane County Public Works and learned that improvements were to be made on Canary Road to correct and prevent further damage from landslides.

        B. Mayor

              Mayor Meyer reported that he had received messages from representatives of International Paper and of the Siltcoos Lake Homeowners Association acknowledging the interest of the City in participating in discussions about acquiring Siltcoos Lake water rights.

              Mr. Burke reported that he had participated in a discussion in which he learned that the Oregon Water Master had agreed to a division of International Paper water rights in such as way as to potentially reduce the selling price of the right to store water in Siltcoos Lake in which the City would be interested.

              Mayor Meyer noted that minutes of the June 28 and July 26 meetings of the Planning Commission had been provided to Councilors.

        C. City Recorder

              Ms. Hickey reported on the status of a grant received to support efforts to research, revise, and prepare new ordinances. She explained that expenditures of the City, including the cost of septic and water management software, balanced by required matching funds and in-kind volunteer hours of service, would likely exceed the total amount of the grant by nearly $7,000.

              In response to a question from Councilor Howison, Ms. Hickey explained that the purchased software would be able to be expanded in the future to manage other functions of City government, especially those of the Planning Department.

        D. Road Commission

              Mayor Meyer referred to minutes of the July 16 meeting of the Dunes City Road Commission. On the request of Councilor Bob Petersdorf, he read a section of the minutes regarding the proposed Fish Mill Alley improvement project, including a request made to the City Attorney to manage completion of an agreement with property owner Judy Bledsoe.

E.     Conservation Committee

Councilor Bellemore reported that the Conservation Committee had had a quiet month of activity, which included only the referral of a single application to the Planning Commission.



        F.   Site Review Committee/Grants/Police

              Councilor Navetta reported that she had no report to make for the Site Review Committee or other areas for which she was responsible.

        G. Parks and Recreation/Franchises

              Councilor Scott reported that the Parks Committee had discussed creation of a new observation platform at its most recent meeting. He said volunteers would be needed to help with its construction. He identified other topics and projects of interest to the Committee.

        I.    Community Center/Committee for Citizen Involvement

              Councilor Howison reported that a Subcommittee of the Committee for Citizen Involvement had finished its work on drafting a Stormwater ordinance and that it would be submitted to the Planning Commission for review and input before it came before the Council.

        J.   Water Quality/Communication and Education

              Councilor Koehler said the Water Quality Committee had had a “good month” because of the efforts of the Planning Commission regarding erosion on Canary Road. He said improvement of communication between City committees had been discussed as a critical issue.

              Councilor Koehler reported that the Communication and Education Committee had published a July issue of the Dunes City Newsletter and had received a great deal of feedback regarding it. He said he had removed the Siltcoos Lake Association insert from the newsletter before it was distributed because he had not been informed that it had been approved and considered it a “stealth” document not in keeping with the theme of the issue. He said it was important that such items be approved by the committee before they were added to the newsletter.

              Councilor Koehler described activities planned for the Festival of the Lakes celebration and encouraged citizens to participate.

10.   OLD BUSINESS

        Mayor Meyer stated that proposed Ordinances 195, 196, and 197 would be considered en masse.

        Councilor Bellemore moved, seconded by Councilor Navetta, to hold the First Reading of Ordinances 195, 196, and 197 by title only. The motion was adopted, 4:1, with Councilor Scott voting no.

        Mayor Meyer ruled that adoption of the motion was valid, even though the vote was not unanimous, because all Councilors had received copies of the ordinances. He read the Ordinances by title:

                  Ordinance 195: AN ORDINANCE AMENDING CHAPTER 32 OF THE BUNES CITY CODE AND REPLACING RESOLUTION NO. 06-10-99 , establishing the Site Review Committee as a standing committee in the Dunes City Code.

                  Ordinance 196: AN ORDINANCE AMENDING CHAPTER 32 OF THE DUNES CITY CODE AND REPLACING RESOLUTIN NO. 02-08-07 , establishing the Communication and Education Committee as a standing committee in the Dunes City Code.

                  Ordinance 197: AN ORDINANCE AMENDING CHAPTER 32 OF THE DUNES CITY CODE AND REPLACING RESOLUTION NO. 05-12-06 , establishing the Water Quality Committee as a standing committee in the Dunes City Code.

        Mayor Meyer invited citizen comments on the proposed resolutions.

        Judy Martin, 837350 Rio Drive, recommended that the number of citizen members on the Site Review Committee in Ordinance 195 be increased from two to three.

        Ms Martin recommended that Ordinance 196 be amended to create a non-partisan panel of citizens to oversee publication of the Dunes City Newsletter. She explained that doing so would avoid unilateral decisions about its content by any individual.

        An unidentified speaker suggested that proposed changes to the ordinances be prepared for consideration at the time of their Second Reading.

        Ms. Martin said she believed Ordinance 197 inappropriately authorized the Water Quality Committee to conduct investigations. She said the Committee was advisory to the City Council and should not act without its approval. She suggested that the authority to investigate could impinge on privacy rights of citizens.

        Mr. Burke suggested that the power to investigate be given to the Committee in emergencies, in the same way as it was given to the Road Commission. He also suggested that the phrase “and to appropriate State agencies” in the fifth duty of the Committee in the ordinance be eliminated because only the City Council represented the City to other governments.

        Councilor Scott asked what was the intent of the proposed ordinances.

        Councilor Navetta replied that she had prepared them for consideration on the suggestion of the City Attorney to enable the committees established by resolution to have equal standing with committees included in the City Code.

        Norman Martin, 837350 Rio Drive, recommended that the duties of the Site Review Committee in Ordinance 195 be clarified to identify which laws were to be followed in allowing Committee members to investigate complaints regarding private property.

        Mr. Darnielle stated that such a provision could protect privacy rights of citizens, give Committee members authority to conduct investigations, and limit their liability of being accused of trespassing.

        Mr. Martin said he believed the second sentence of the paragraph in Ordinance 196 describing members of the Communication and Education Committee was vague and confusing.

        Mr. Martin recommended that ordinances authorizing all committees include a statement that they were required to follow provisions of the Oregon Public Meeting law.

        Mayor Meyer concluded the First Reading of Ordinances 195, 196, and 197, as it was 9:00 p.m. the time set for conducting Public Hearings.

11.     PUBLIC HEARINGS

A. Ordinance 193 – Second Reading

           Mayor Meyer said the Council would hold a Public Hearing on Ordinance 193, which established standards and practices to resist sediments resulting from land disturbance from intruding into public water bodies and onto right-of-ways or crossing ownership property lines.

           Councilor Howison moved, seconded by Councilor Navetta, to hold the Second Reading of Ordinance 193 by title only. The motion was adopted, 4:1, with Councilor Scott voting no.

                    Mr. Darnielle explained that adoption of the motion was valid, even though the vote was not unanimous, because all Councilors had received written copies of the proposed ordinance.

                    Mayor Meyer opened the Public Hearing and asked if any Councilor had a conflict of interest or engaged in ex parte discussion of it.

                    Councilor Bellemore reported that he had worked with the subcommittee that had drafted the proposed ordinance, but that he did not believe the experience would affect his ability to be impartial about considering its adoption.

                    Mr. Darnielle explained that Oregon statutes required that public officials recuse themselves from participating in the adoption of ordinances if they could result in real or potential personal financial gain. He said Councilor Bellemore did not appear to have such a conflict of interest.

                    Mayor Meyer read Ordinance 193 by title: AN ORDINANCE ADDING CHAPTER 141 “EROSION CONTROL” TO TITLE XIV OF THE DUNES CITY CODE AND REPEALING SECTION 154.05 OF THE DUNES CITY CODE.

           Darlene Beckman, 82150 Booth Island, read a letter Dated August 9 that identified nine “undeniable facts” that had not been considered by the committee in its preparation of the proposed ordinance. She asked that the letter and an attached suggestion for an “Owner and Contractor Sign Off Agreement” be included in the written record of the meeting. They are attached to these Minutes as Appendix I.

           John Stead, 83505 South Cove Way, submitted a written statement dated August 9, in order to “avoid misquotes in the minutes.” He read the statement which said that the two references to soil erosion he had been able to discover in current Dunes City ordinances were inadequate to implement the intention of the Comprehensive Plan of the City. He commended the Council for its consideration of Ordinance 193 and urged that it be adopted. He requested that his statement be included in the written record of the meeting. It is attached to these Minutes as Appendix J.

           Jerry Wasserburg, 84606 Lakewood Drive, stated that he had Chairperson of the committee that had prepared proposed Ordinance 193. He said the committee was balanced in that it was made up of members with a variety of viewpoints and experience. He said the committee attempted to include provisions for all matters of importance, especially weaknesses discovered in similar ordinances in other cities. He said an objective had been to keep costs that resulted from the ordinance at a minimum. He thanked the Council for the opportunity to serve, expressed appreciation for the dedication and effort of committee members, and recommended that the Council express appreciation to the person whose effort had secured the grant which funded the effort to prepare the ordinance.

           Norman Martin, 83750 Rio Drive, said he was opposed to adoption of proposed Ordinance 193. He displayed what appeared to be a single page document that he said was dated August 9, 2007, indicated that it was a statement of his opposition, and asked that it be placed into the written record of the meeting. He began to read the document, almost immediately diverted into a description of a different document that he displayed which appeared to have a significant number of pages. He described the second document as a memorandum dated April 24, 2006, from Stu Burton to the Mayor, a person he named “Mark,” and the City Council. He said it presented comments for consideration about the Findings of Fact regarding the Dunes City Temporary Development Moratorium in effect at that time. He alleged that what he described as “so called facts” upon which Ordinance 193 was based were taken from the memorandum of Mr. Burton and appeared to imply that they were therefore biased and defective. When asked to submit his statement and the document, he said the City already had copies of the material and initially refused to provide them. After hesitation, he agreed to allow City staff to make copies under his supervision. They were not available at the time of the writing of these minutes and are not attached. They are included in the public record of the meeting by this reference.

           A citizen whose name and address were indecipherable said he was upset about provisions of proposed Ordinance 193. He said others shared his concerns. He asked if the Council had finalized a definition of the term “slope” in the Ordinance. Mayor Meyer read the definition included. The citizen expressed appreciation.

           Mayor Meyer determined that there were no other persons wishing to testify, closed the Public Hearing, and invited Councilors to make comments.

           Councilor Scott said he had not seen evidence of erosion from development in Dunes City and believed that existing federal, state, and local laws and regulations were adequate to control the problem. He said he agreed that erosion and Stormwater runoff were to be avoided, but suggested that examples cited in support material for the Ordinance were not conclusive.

           Councilor Scott referred to turbidity in Siltcoos Lake and suggested that it showed that the problem was not caused by development, but from runoff of the extended watershed. He challenged supporters of the ordinance to show that a problem existed that it warranted what he considered an ordinance that was unnecessary and expensive to the City and its citizens.

           Councilor Bellemore said the proposed ordinance would not create an unfair cost to the City or its current citizens, but would be borne by developers and builders who would ultimately pass the expense on to purchasers of new homes, as was appropriate.

           Councilor Scott noted that any current erosion issues in Dunes City had been caused by its current citizens. He asked if it was fair to require that new residents bear the entire cost of correcting the problems.

           Councilor Bellemore said the ordinance was intended to avoid problems of erosion caused by a cumulative effect of new development.

           Councilor Howison said septic and phosphorous ordinances recently adopted in Dunes City had been important advances in protecting area lakes. He pointed out that costs associated with them were paid by current property owners, not developers of new residences.

           Councilor Howison quoted from a 1998 U.S. Environmental Protection Agency Lake Restoration Manual that identified 45 percent of the nation’s lakes as “impaired” and 76 percent of lake impairment as resulting from “non-source point pollution,” such as construction sites.

           Councilor Bellemore said the proposed ordinance was built on those in force in other locations, but was much simpler and less demanding. He said it was not radical or harsh in comparison. He suggested that changes to lakes were measured in “geologic time” and seemingly insignificant controls could have important consequences.

           Mayor Meyer said he believed that whatever effort was made to prevent Dunes City lakes from deteriorating form a pristine condition was worth the effort.

           Mr. Burke pointed out that replacing the term “simple plan” with “standard plan” had been overlooked in the title of Section 141.007 of the proposed ordinance.

           Mr. Burke suggested that a document needed to be prepared that would provide easily understood directions for individual property owner preparation of an erosion control plan.

           Councilors discussed the suggestion, seeming to be in agreement that such a document should be prepared. Comments included the need to amend the ordinance to delay its effective date for individual property owners, but not for professional builders and developers.

           With the seeming approval of the Council, Mayor Meyer re-opened the Public Hearing to allow a citizen to make comments.

           Teresa Sathe, 83550 Clear Lake Road , stated that she and other citizens were concerned about health and planted organic vegetable and fruit gardens to ensure that their food was not produced with the use of pesticides or other substances. She urged that private gardens be exempted from provisions of the proposed ordinance.

           Mayor Meyer closed the Public Hearing.

           Councilor Howison moved, seconded by Councilor Navetta, to adopt Ordinance No. 193, changing the term “simple plan” to “standard plan” in the title of Section 141.007 and establishing that the Ordinance did not become effective for simple plans until sixty days after its adoption.

           Mr. Burke stated that there were other errors in the internal references to sections of the ordinance that needed correction and asked if the Council would need to reconsider them at a later time. Mr. Darnielle replied that changes that did not change the substance of the ordinance could be made without reconsideration by the Council.

           The motion was adopted on a roll call vote, 4:1, with Councilor Scott voting no.

           Councilor Bellemore moved, seconded by Councilor Navetta, to direct staff to make needed formatting and editorial corrections to the Ordinance 193. The motion was adopted unanimously, 5:0.

           Mr. Darnielle stated that he would rewrite the Ordinance using the proper format for its inclusion in the City Code at no cost to the City.

B. Conditional Use Permit and Variance – Jamie and Robin Mills

           Mayor Meyer said the Council would conduct a Public Hearing on the application for a Conditional Use Permit (CUP 02-07) and Variance (VAR 02-07) by Jamie and Robin Mills for a home built and retaining wall to be constructed within 50 feet of the shoreline at 83449 Parkway Drive.

                 He reviewed rights of the applicant and procedures in the Public Hearing. He asked Councilors if they had real or potential conflicts of interest or held ex parte contacts.

                 Councilor Scott stated that he was familiar with the project, was a neighbor of the property in question, and was predisposed to be opposed to the application. He said he would recuse himself from participating in the deliberations and decision about it.

                 Councilor Bellemore stated that he participated in a site review of the site as a member of the Conservation Committee and had discussed the project with a construction contractor for the applicant.

                 Mayor Meyer determined that there were no public challenges to the impartiality of the Council.

                 Mayor Meyer opened the Public Hearing.

                 Mr. Burke said that approving the applications was in the purview of the Council, but that they had been reviewed and recommended for approval with conditions by the Planning Commission.

           Ms. Tinker referred to the Staff Report and proposed Final Order regarding the application. She reviewed the circumstances leading to the requirement for the applications. She cited previous Council and Planning Commission actions regarding them. She said staff recommend approval of the applications, with conditions proposed by the Planning Commission, as follows:

1)      A re-vegetation plan for the area within the 5o foot shoreline setback be designed and installed by a local nursery submitted to the Planning Commission for approval.

2)      Provide an evaluation and instruct the Building Department to inspect and ensure the water drainage system meets code relative to effluent flow unto Lot 200 and into the lake.

3)      Due to excessive equipment and activity over the existing septic and drainfield, applicant must provide a Department of Environmental Quality certification of the septic system drainfield.

4)      All conditions of approval will be met before a final inspection will be allowed for the home or retaining wall.

                    Jamie Mills stated that she was co-applicant for the variance and conditional use permit. She expressed appreciation for the efforts of the staff related to the applications and stated that she agreed with their recommendations. She said it was her desire to complete the project and move into her new home as soon as possible.

                    Ms. Mills reported that, in response to an earlier inquiry, statements had been received from a recognized wetland specialist and from the Army Corps of Engineers that no wetlands or water ways existed on the property.

                    Mayor Meyer determined that there were no others present who wished to testify for or against the applications and closed the Public Hearing. He invited the Council to deliberate and make its determination.

                    Ms. Hickey commented about local persons familiar with vegetation requirements in the area and suggested they might serve as resource persons for the project.

                    Councilor Howison raised concern about drainage to be provided through the retaining wall under construction. He appeared to be satisfied with answers given to his questions.

                    Mayor Meyer and Councilors informally discussed the applications and conditions of approval.

                    Councilor Howison moved, seconded by Councilor Bellemore, to accept the staff report and Findings of Fact as presented. The motion was adopted unanimously, 4:0, with Councilor Scott not participating in the vote.

                    Councilor Howison moved, seconded by Councilor Bellemore, to approve the Conditional Use Permit and Variance applications of Jamie and Robin Mills, with conditions of approval proposed by the Planning Commission, changing Condition One, as follows:

                              A re-vegetation plan for the area within the 50 foot shoreline setback be designed based on a plan developed by a wetland specialist familiar with coastline vegetation and installed by a local nursery submitted to the Planning Commission for approval.

                    The motion was adopted unanimously, 4:0, with Councilor Scott not participating in the vote.

                    Councilors discussed the need for provisions to be made to ensure that errors such as had been made in the Mills permitting process not reoccur. Mayor Meyer determined that there was agreement that the Council would decide whether to hold an evidentiary hearing or other process to deal with the matter at its meeting to be held in October.

12.   NEW BUSINESS

        A. Award of Bids for Road Repairs in Dunes City Area

              Mayor Meyer stated that it was his understanding that bids for road repairs had just been received. He recommended since the Road Commissioner had not been able to be present at the meeting, background information regarding the projects had not been able to be provided in time for adequate consideration, and there was a need to make the awards as soon as possible; that provision be made for their consideration at a Special Council Meeting conducted partially, or wholly, by conference telephone call.

              There appeared to be agreement to accept the recommendation, but Councilor Navetta requested that list entitled “Dunes City Road Repairs” be discussed.

              Councilor Navetta raised questions about the appropriateness of proposed repairs on Leavitt and Wright roads.

              Ms. Hickey said the Road Commissioner had intended to have more detail before the Council about each individual project, but that an initial checking of the bids showed that projects were not priced by all contractors, seemingly indicating that they had received different verbal instructions for their preparation. She suggested that more complete information could be provided at the Special Meeting proposed by Mayor Meyer.

        B. Business Licenses

              Councilor Navetta referred to sample applications for Business Licenses from Florence and Reedsport and said she believed they were more complicated than was needed in Dunes City. She said she understood the reason that consideration of the topic was to identify how many home businesses were actively operating in the City.

              Ms. Hickey said the applications had been secured and reproduced to serve as a stimulus to discussion of whether a Business License should be established.

              Councilors discussed the topic:

-          The question was raised initially to determine if residential properties were being used as vacation rentals, whether such practices were legal, and if they could be regulated or become a source of municipal revenue. (Howison )

-          It would be appropriate to license bed and breakfast operations. Licenses are a good way to identify and regulate businesses. (Bellemore )

-          Control of advertising signs could be tied to business licenses. Other cities use business license applications as a trigger to conduct criminal background checks. (Tinker)

-          Business licenses could be a helpful enforcement tool to regulate Contractors doing business in the City. (Scott )

-          Licenses could be a tool to require surety bonds for contracting work done in the City. (Koehler )

-          Developing and controlling licenses was within the tasks assigned to the Planning Commission. (Burke )

              Mayor Meyer determined that there was agreement to request that the Planning Commission study the establishment of a Business License in Dunes City and make recommendations to the Council.

              The meeting adjourned at 10:50 p.m.