Dunes
City Council
M
I N U T E S
July
15, 2008 7:00 P.M.
Printable
file
City
Hall –
82877
Spruce Street
97493
1.
Call to Order and Roll Call
Mayor Eric Hauptman
called the Special Session of the Dunes City Council to order at
7:01pm
. Amy
Graham, Dunes City Recorder, took roll call.
Present:
Mayor Eric Hauptman, Councilor Peter Howison, Councilor Susie
Navetta, Councilor Richard Koehler, Councilor Gerald Curran.
Councilor Bob Petersdorf was not present and excused.
Others
Present: City Recorder Amy
Graham, Planning Secretary Lisa Ekelund, City Attorney
David Allen
of the Law Office of Macpherson, Gintner
& Diaz, and 15 members of the community.
2.
Pledge of Allegiance
The Mayor, the City
Councilors, and joined in the Pledge of Allegiance.
3.
Consent Agenda
A.
City Council Meeting Minutes from
June 12, 2008
and
July 1, 2008
Councilor
Howison said with regard to the June 12th minutes, he would
like to pull them off of the consent agenda.
Councilor
Navetta said she would like to pull the July 1st minutes off of
the consent agenda.
B.
Bills of the Session through
July 10, 2008
Councilor
Navetta moved to withdraw the bills of the session.
C.
Receipts of the Session through
July 10, 2008
No
concerns addressed
D.
Revenue Expense Report
No
concerns addressed
Councilor Howison
moved to accept the consent agenda minus the minutes of the June 12th
minutes, the July 1st minutes, as well as the bills of the
session.
Councilor Navetta
seconded the motion and after unanimous vote, it carried.
Councilor Howison
said with regard to the June 12th minutes, on page ten under
heading B Woahink Creek, he was quoted as saying “He said, there is
no hard evidence, but neighbors have reported structures along the creek
including grass, gazebo’s, bridges, and walkways.”
He believes the intention of what he said with the several
sentences he spoke at the meeting (not just one sentence), was that there was
no hard evidence but neighbors had reported structures along the creek,
including grass, gazebo’s, bridges, and walkways.
Further, he thinks it’s important this is put into the record
because he remembered saying it, that aerial photo’s and kayaking up the
creek from
Siltcoos
Lake
confirmed the neighbors' reports.
He said he would like
to propose they add to the minutes under “B Woahink Creek” under
sentence two that the “is” be changed to “was” and that after
neighbors, the “have” be changed to “had”, and that a one sentence
be added after that, which is “Aerial photo’s and kayaking up the
creek from Siltcoos Lake confirmed the neighbors reports.”
Councilor Navetta
said on page three under Public Hearings, it states “Mayor Hauptman said
it was determined that Ordinance 194 was incorrect.”
She said she believed it was “miss-numbered” instead of
“incorrect.”
Councilor Howison
moved to accept the minutes of the June 12th meeting as
corrected.
Councilor Koehler
seconded the motion and after unanimous vote, the motioned carried as
accepted with corrections.
Councilor Navetta
said for the July 1st minutes on page two, last paragraph, the
sentence says “Councilor moved to appoint Rob Quandt” but it doesn’t
say whom. She said the
Councilor is not named.
Councilor Howison
stated he believed it was himself.
Mayor Hauptman asked
Lisa Ekelund to verify this.
According the audio
tape of
July 1st, 2008
meeting, Lisa Ekelund verified, Councilor
Howison did in fact make the motion to appoint Mr. Robert Quandt to City
Council and Councilor Navetta Seconded the motion with unanimous vote from
Council in favor.
City Recorder, Amy
Graham said David Allen’s name needs to be added to the July 1st minutes
because he was present as City Attorney.
Councilor Howison
moved to accept the minutes of
July 1st, 2008
as corrected.
Councilor Navetta seconded the motion and after unanimous vote, it
passed.
Regarding the Bills
of the Session, Councilor Navetta said she was concerned about the
insurance (auto and general insurance).
She said the City has dealt with the same company for several years
now. She asked if it goes out
to bid.
Mayor Hauptman said
he had discussed this with the prior City Recorder but it was not done.
He said the insurance is up for renewal on July 1 and the City did
renew with the same company. He
said the City is required to send it out for bid and the City did find out
that the carrier (City County Insurance) is the only carrier in the State.
Dunes
City
cannot go direct to them, and they have
to go through a broker. The
RFB will be sent out to brokers.
Councilor Navetta
asked if the City was going to continue with LCOG.
Mayor Hauptman said he discussed this with the City Recorder and
his opinion was no but he wanted Council feedback.
Councilor Howison asked if it was necessary to maintain the database
through LCOG.
Mayor Hauptman said
Mr. Quandt had offered to work with the City for programming options.
Councilor Navetta
asked if the League of Oregon Cities was of value to the City.
Mayor Hauptman said yes and Amy Graham said she had gone to
meetings.
The Mayor asked for
all in favor of accepting the Bills of the Sessions signify by saying aye.
After unanimous vote the Bills of the Session was accepted.
4.
Swearing in of New Council Member
Councilor
Howison made a motion to appoint Mr. Quandt into the vacant position of
the Dunes City Council. Councilor
Navetta seconded and after unanimous vote, it passed.
Mayor
Eric Hauptman swore in Mr. Robert Quandt as a City Council member.
5.
Announcements / Correspondence
A.
Festival of the Lakes
The Mayor announced
this is August 9th. Councilor
Navetta confirmed it runs from
10am
to
3pm
.
B.
Relay for Life
The Mayor announced
the City was going to do the Relay for Life.
City Recorder, Amy Graham spoke to the attendees of the meeting,
explaining what this fundraiser entails.
6.
Citizen Input on Unscheduled Items / Public Comment
NONE
7.
Reports
A.
Mayor’s Report-
Mayor Hauptman said
the staff has been working hard. This
has been a busy summer for the City. He
said some committees needed to be filled and volunteers for the office
would be great. The fiscal New
Year started on July 1st and the more help the better for the
City.
B.
Community Center/CCI-
Councilor Howison had
no report.
C.
Conservation Committee-
Councilor Curran said
he had no report but there were several things on the way.
D.
Road Commission-
Councilor Petersdorf
had no report.
E.
Site Review / Grants / Police-
Councilor Navetta
said she had a few things winding up.
The house behind City Hall is coming to completion of cleaning up.
Robert May's property is being cleaned up and the tenant had left.
On Terry Austin’s property, the clean up is continuing.
On the
Watts
property, they sent a registered letter
and nothing came back. The
Mayor asked if the Post Office has record.
On
Woahink Drive
, there was a report of kids on all
terrain vehicles. She said she
spoke with the family and things have improved.
F.
Water Quality / Communication & Education-
Councilor Koehler
said the Water Quality Committee did not meet this month and they will
meet Thursday. They are
formatting data in the form of graphs for the web site.
The Communication committee just completed the newsletter and it
should be on the website later in the week.
Councilor Koehler gave information regarding the happenings at the
Festival of the Lakes.
G.
Planning Commission-
Lisa Ekelund was not
able to speak due to illness and Amy Graham read her report.
She gave information regarding permits issued and meeting times.
8.
Unfinished / Old Business
A.
Montgomery View Estates / SUB 01-07 / Map Number 19-12-23-40Tax
Lot
100
Councilor Quandt said
he would recuse himself from this issue.
Mayor Hauptman asked
if there were any ex-parte contacts and the Council said no.
Mayor Hauptman said
he had written a letter to LUBA denying an extension to a different
matter. He said he referenced
the Montgomery View Estates. He
wanted this to be public knowledge.
David Allen
reiterated the letter the Mayor wrote was
concerning Martin vs. City of Dunes City no. 2007-163 and not the
Montgomery View Estates.
David Allen
explained that the record is closed and
deliberation had started. He
said due to time frames, it was tabled and is commencing tonight.
He said the goal for tonight is to continue deliberation then
afterwards, the Council can ask questions of the staff.
At that point, he said the Council should reach a tentative oral
decision. He said it needs to
be stated as specifically as possible.
After this, it will be put into a written final order prepared by
staff. This will include
findings, conclusions etc…it will be brought forth at the July 24th
meeting. The Council will
review it and changes can be noted. At
that time, they will reach their decision and adopt the order based on
tonight’s decision.
Mr. Allen wanted to
bring his memo to the attention of the Council that was emailed to staff
on July 14th and is before the council.
He said he reviewed Ms. O’Dea’s legal arguments.
He said he had looked through her materials and laid out the
framework in the form of a memo. He
said this is public record and anyone can request a copy.
He brought the issue
of the additional materials, which were provided after the record was
closed. He said the Council
accepted the materials even though the record was closed and there needs
to be a motion of acceptance making this part of the record.
Councilor Howison
moved to accept the information provided by Mr. Montgomery and his
attorney, which was submitted regarding a water permit issued by the Water
Resources Department, along with a WRD proposed final order and draft
permit, WRD preliminary analysis and application fact sheet, and the WRD
final order that was also submitted. Councilor
Navetta seconded the motion and after unanimous vote, it passed.
Deliberation
Councilor Koehler
said he was concerned there were a few unanswered items.
He said the steep road and the 90-degree turn seemed dangerous.
He said the length of road seems inordinately long without any
breaks. He wondered how the
road would be taken care of after the initial construction.
He questioned what would happen to water run off.
He did not see an erosion control plan at that end, given the
amount of water involved with the given slope.
He also was concerned about permit to
Clear Lake Road
, plus he wasn’t aware of the viability
of CC&R’s and if they were adequate.
The Mayor said there
were two CC&R’s.
Mr. Allen explained
the original application had a CC&R.
After the renewal of the application, another CC&R appeared.
The one stamped
Oct 5th 2006
is the original one.
The other one without the stamp is assumed current.
He believes this because it states
Montgomery
“View Estates” Sub-Division instead
of just Montgomery Sub-Division.
Councilor Navetta
said the CC&R’s suggest this road may or may not need to be
improved. She said it mentions
irrigation facilities, entrance monuments, sidewalks, dwellings not exceed
2 ½ stories in height (she said a # would be better), incinerators, and
many mentions of the City of
Eugene
. She
said it’s not well thought out and not acceptable.
Councilor Howison
said a number of concerns were mentioned in the pre-application conference
of
10-15-2007
. He
said there was a high erosion potential mentioned because of the steep
slope. He said the road impact
with the lake needed to be addressed.
He said an engineer report was required and a separate storm water
drainage plan would be required because of slopes greater than 12%.
He said there was a need for higher design standards.
He said there were rules for tree maps and maximization of
conifers. He said none of
these details were addressed in the final application.
He said, the traffic impact study was not submitted with the
applicant saying this was needed housing and it was not necessary.
Councilor Howison said they had a false basis because
Dunes
City
had a small population.
He said a reforestation or a re-vegetation plan was required after
logging. He felt this had not
met the standards for approval.
Councilor Curran said
as of July 1, the following pieces of information were not supplied to
this particular property dwelling.
Number 1:
an erosion control plan that's required by DCC141.004 (A).
Number 2:
proof of
substantiated assurance of the availability of water to all proposed
building lots as required by DCC155.4.3.110 (B), and ORS
92.090(4).
Number 3:
Evidence of contact with
Lane
County
to acquire access permission to Clear
Lake Rd.
as required by DCC 155.4.3.130(B)(3)(l).
Number 4:
A licensed
engineer's documentation of the safety of all the developments proposed on
slopes in excess of 16% as required by the
DCC section 155.4.3.140(A)(5).
Number 5:
The
application for phased development of lots 19 and 20 as required by DCC
155.4.3.120(E)(2)(d) the applicant states that the owner
intends to further divide lots 20 and possibly lot 19 in the future
with a planned unit development application.
Councilor Curran said with this definite statement included in the
preliminary permit application this can be reasonably considered a phased
development.
Number 6:
This impact
study as required by DCC 155.4.1.6(B)(2)(d) mean that this application as
stated, some of the information was supplied but at this time (by the
writing of this document, at least as of July 1) no such information
exists as part of the application materials.
Councilor Curran stated this is not his information but rather,
it's from the applicants' lawyer.
Mr. Allen clarified
the pre-application conference report from
10-15-07
by Hilary Dearborn from LCOG was given to
the Council. He also said Ms.
O’Dea placed a lot of her response on standards and criteria of “clear
and objective”. She said the
reasoning was that this is single-family housing and is defined as needed
housing. Mr. Allen said this
is for purposes of population over 2500 persons.
Dunes
City
is less than 2500 population so her
reasons do not apply to this City.
Councilor Howison
questioned the past comment of mobile homes and Mr. Allen said that
possibly Ms. O'Dea said this in jest.
Councilor Navetta
said she was concerned over septic systems.
She did not see clear tests done for this.
She said perk tests were not done and
Dunes
City
ground is sensitive.
She said her concerns for water resulted in no response from the
applicant or their attorney. She
said in last sub-divisions, sprinklers or fire retardant roofs were
required. This was not
addressed and she feels the applicant did not do all of their work.
Mr. Allen said he
could discuss any of the issues with the Council and reassured them he is
happy to help.
Councilor Koehler
asked him to elaborate water as surface, or subterranean.
He expressed concern of streams and high and/or steep slopes.
He asked if this should be required in an engineering report.
Mr. Allen said he did
not have the technical expertise to answer this.
He said he could address the code standards.
He said the Council needs to decide if the information provided by
the applicant is sufficient for a decision.
Mayor Hauptman asked
if this would have come up in an environmental impact report.
Mr. Allen said this
is a type III quasi-judicial procedure.
There is a requirement of information.
He said the impact study is a study that should quantify the impact
of the development. He said by
not providing it, the Council needs to decide if they would have needed
this to make an informed decision. He
said the Council needs to make this finding and state it clearly if they
truly believe this to be so.
Mr. Allen said
another information item not provided were two traffic studies.
He said the attorney acknowledged in a previous message that they
would provide this information but they never did.
He said the other study was a traffic impact study that was not
provided and justification was not provided as to why they did not submit
it.
Mr. Allen brought
forward the question of maximizing conifer preservation.
He said the applicant and the staff reports are inconsistent.
He reiterated the types of standards that are required and gave
case examples.
Mr. Allen then said
these are items the Council needs to question to base their decision.
Councilor Curran said
this area was logged/clear cut. He
read the Forestry Department rules. He
said he did not see any reforestation plan.
Mr. Allen said he
cited an
Oregon
administrative rule saying that if a
property owner has logged the property, it’s subject under the
Department of Forestry. If the
owner wants to exempt themselves from the Dept. of Forestry, they need to
show proof of land use changes. He
said this has not been granted as of yet by
Dunes
City
and the owner is still required to follow
the Dept. of Forestry rules. If
there were an approval by Council, the code provisions would change after
notification to the Forestry Department.
Councilor Howison
asked when the DCC 154.06 re-vegetation of cleared areas plan would kick
in and Mr. Allen said it would kick in after approval.
Councilor Howison clarified that part of the approval would be that
they would need to re-vegetate.
Mr. Allen said that
technically the Department of Forestry still has jurisdiction until the
change of land use is approved and then the City code would kick in.
This could be applied as a condition, but it should have been
discussed between the applicant and the City, or at least worked on before
the decision phase. He said
the Council could consider it though.
Mayor Hauptman asked
for re-forestation timelines. Mr.
Allen said he would have to look into it.
Councilor Curran
questioned a letter from the office of Bill Kloos where they state logging
had occurred on the property recently and because of the pending
sub-division application it is considered by the State Forestry Department
to have been removed from it's jurisdiction.
Mr. Allen said the
City has not received any notification that this property had been removed
from the State Department of Forestry jurisdiction.
He said the Oregon Administrative Rules state the exemption to be
removed from the Department of Forestry jurisdiction occurs when the
property owner submits the approval for the land use change and any other
relevant permits.
Councilor Curran read
another statement from a letter from the office of Bill Kloos dated
July 1st 2008
. It
said the property was re-seeded with grass 4 years ago after it was logged
and no soil erosion is occurring. Councilor
Curran said grass is really not trees.
He questioned how they know about the soil erosion.
He said it say "see soils report for the engineers
report" which the Council hasn't seen.
He said the Council should refuse it.
Mayor Hauptman asked
about stumps. Councilor
Howison said the excavation and grading permit was dated after they said
they removed the stumps.
Mr. Allen read an
administrative rule regarding the Department of Forestry and exemption to
re-forestation. He said, the
land owner can request an exemption for re-forestation requirements under
the Department of Forestry, but, in seeking that exemption approval from
the Department of Forestry, the land owner has to provide written
documentation to the State Forester that the intended change of land use
is authorized under the local land use and zoning ordinances and all
necessary permits and approvals have been obtained.
He said City hasn't administrated approval.
He said it also states, or, will be obtained within 12 months
following the reduction of tree stocking.
Councilor Howison
said the applicant has not provided appropriate documentation.
He said there should be a document of exemption to re-forest with
the State Forestry Department.
Councilor Koehler
said he is looking at 20 points of conditions that have not been met.
He said the amount of time taken so far is a tremendous drain on a
town with no tax base. He
questions, “What does
Dunes
City
get?” He said the presentation is inadequate and it’s absorbing more
time when better things for the City could be done.
Councilor Navetta
agreed with Councilor Koehler.
Mr. Allen explained
the level of specificity needed for the final written order.
He made note to his memo submitted
07-14-08
.
Councilor Howison
asked if there were any more justifications for denial.
Mr. Allen said he tried to lay out the standards such as surface
water and transportation. He
said they need to look at what was provided and what wasn’t provided.
He said statements are not the same as information provided. In
addition, the Council needs to decide whether they feel they have
sufficient information for a decision.
Councilor Navetta
stated she spent a lot of time on the maps.
She said the attorney for the applicant said there were not
significant wetlands. She said
she looked at soil suitability and development suitability maps.
She said a lot of caution needs to be used because of the steep
slopes and the wetlands.
Mr. Allen said the
variance also needs to be looked at and should be looked upon as part of
the overall application.
Councilor Howison
clarified the decision of the variance and Mr. Allen replied.
Councilor Navetta
said in looking at the variance, a couple of areas of the road are on
steep slopes and the City would need to maintain it.
Councilor Curran said
he believed the variance was another reason the application should be
denied.
Mr. Allen said if the
variance would not be allowed, the applicant submitted an alternate plan
that would meet the block length requirements.
Councilor Howison
wanted to clarify the wording for a motion and Mr. Allen responded.
Councilor Howison
said he thought they were prepared for a denial but wondered if there
needed to be a consensus and reason for denial bundled.
Mr. Allen said they
would make a motion and address the basis for the motion.
Mayor Hauptman asked
if the Council was ready to make a motion.
Mr. Allen said this
is a tentative oral decision. The
final written order will be adopted next week.
Councilor Howison
said he would like to move that, based upon the preponderance of the
evidence and also the lack of information and inadequate information as
the Council has discussed, such as, inadequate or no impact study, no
traffic study, not enough information to maximize conifers, no attempt at
providing a storm water drainage plan, a development that involves very
steep topography, at least in some areas, requiring higher standards and
then not having enough information to really adequately address those
concerns, that he therefore moves to deny the Montgomery application.
Councilor Curran
seconded the motion.
Mr. Allen said those
concerns were concerns that were expressed previously in this meeting
prior to the motion.
Councilor Howison
amended his motion to state that the concerns he listed were expressed
previously in this meeting prior to his motion.
Councilor Curran
seconded the amendment.
Mayor Hauptman asked
for all those in favor of the motion to deny, to signify by saying aye. At
8:45pm
, it passed unanimously. Mayor
Hauptman said the motion to deny carries unanimously.
City Recorder asked
Mayor Hauptman if Mr. Quandt should take his seat.
He said yes.
The Mayor discussed a
date for the final order on or before July 24th.
Councilor Navetta
asked what day Councilor Howison would be there.
The Council discussed
a majority of people available to vote next as opposed to tonight’s
attendance.
Councilor Quandt
recused himself again since the discussion was still regarding the
Montgomery View Subdivision.
Councilor Koehler
said July 22nd was a good date.
Councilor Howison, Councilor Curran, and Councilor Navetta all
agreed this would work.
At
8:49pm
, Councilor Navetta motioned to set the
next meeting on
Tuesday July 22nd 2008
at
7:00pm
. Councilor Koehler seconded
the motion and after unanimous vote, the motion passed.
9.
New Business
None
10.
Unscheduled Items Not Listed on Agenda
Mr. Allen announced
the extension for the Martin vs. City of
Dunes City LUBA
decision was an extension that was
through today so he is anticipating that a decision will be in the mail
today and the City should receive it in tomorrow.
11.
Executive Session
None
12.
Adjournment
Councilor Curran
moved to adjourn the meeting.
Councilor Quandt
seconded the motion and after unanimous vote, the meeting adjourned at
8:51pm
.
Respectfully
Submitted,
Lisa Ekelund
Planning Secretary