·
Woahink Weir
Dick
Anderson 8345 HWY 101
Mr.
Anderson spoke of the availability of water and water rights in
Dunes City. Mr. Anderson said he believes the additional water
rights are invaluable and that it's important that Dunes City
doesn't lose the opportunity for the water rights. Mr. Anderson
said he would agree to quitclaim the Weir to the City.
Councilor
Quandt asked Mr. Anderson what he is required to do at this time
as controller of the Weir.
Mr.
Anderson said he has no responsibility except it happens to be on
his property.
Councilor
Quandt asked if there is the possibility of an addition of a
salmon gate.
Mr.
Anderson said right now the water runs freely and the idea is to
raise the gate so there is more water in the lake during the
summer. Mr. Anderson said the state is not requiring modifications
or additions to the Weir.
Councilor
Navetta said an issue that remains is access to Mr. Anderson's
property for monitoring the Weir.
Mr.
Anderson said he would quitclaim the structure and allow a 20 foot
easement for access. Mr. Anderson said he has had a good
relationship with the State Water Master.
Councilor
Quandt asked if the Water Master currently accesses the Weir by
land or by water and Mr. Anderson said he goes by land with
permission.
Mr.
Anderson said he does not agree to have an easement through the
property.
Councilor
Mills asked the City Recorder if there were maps and drawings
available.
The
City Recorder said she would check the files. The City Recorder
said she has not seen any drawings but she would research it.
Councilor
Navetta said she knows there was a resident named Mr. Booth who
has done drawings.
Mr.
Anderson said the drawings by Mr. Booth are of the Weir as it
exists.
Councilor
Howison asked if the City has invested in updating the Weir a
couple of years ago.
Mr.
Anderson said the City under direction of Mayor Ward repaired
leaking areas around the Weir.
George
Burke 4838 Lake Blvd
Mr.
Burke said the last Mayor asked Mr. Burke to finish and make
improvements to the Weir. Mr. Burke stated that everything has
been done that was agreed to. Mr. Burke said the final thing is to
have the ODF sign off. Mr. Burke said the City needs to keep
moving forward with this. Mr. Burke said all that's left to do is
to follow the Department of Fish and Wildlife's direction on how
they would like the Weir to operate. Mr. Burke said there needs to
be a recording twice a month with water flow regulation. Mr. Burke
said there is also a 1 year period where they would keep a lot of
records, measuring flow so they know when to raise the gates up.
Mr. Burke said this could be done through volunteerism. Mr. Burke
said at the moment, the Weir is a dam but it's a permanent
structure that doesn't move.
Councilor
Koehler said because of the salmon, it's important to monitor the
flow. Councilor Koehler said in order to measure in places that
can't be accessed, could transponder receivers be put in place.
Mr.
Burke said transponders could be put into place but right now they
just use a stationary gauge.
Mr.
Anderson said the Weir is accessible by boat or by site from the
Highway and feels granting an easement would devalue his property.
Councilor
Howison questioned if anyone has evaluated the city's needs to
store water in the future.
Mr.
Anderson said 3 or 4 drought years would create a need.
Mr.
Burke said the former administration felt there was a need and
gave the asking price for the water rights on Siltcoos Lake.
Councilor
Koehler said there is a domestic use on Woahink Lake where there
is a commercial/industrial use on Siltcoos Lake.
Councilor
Mills asked how many people had individual water rights for
Woahink Lake and Councilor Navetta said it was approximately 212.
The
Mayor questioned if the City could afford and take care of the
Weir. The Mayor said if the City takes over the Weir they would
have obligations that Mr. Anderson doesn't have currently. The
Mayor stated perhaps a cost analysis would be beneficial. The
Mayor said he doesn't see the freedom to take care of the Weir as
there are no access easements.
Councilor
Navetta said there is an issue with using the water and a second
issue of storing the water. Councilor Navetta said a key issue, is
accessing the Weir over land.
Councilor
Quandt read a section of the memorandum and expressed a concern if
repairs in the future are needed by the use of cement trucks and
the city would need assurance of a roadway they could travel
through without damaging anything.
Mr.
Anderson suggested they don't take a full load of concrete. Mr.
Anderson said the Weir is very small and cement could be wheel
barreled in.
Mr.
Burke said the State has taken on the regulation of the Weir at
the moment to maintain the downstream.
Councilor
Quandt said his main concern is the associated costs and suggested
the revenue committee look into it.
Mayor
Hauptman suggested the water quality committee look into the cost.
Councilor
Navetta said she believes the city signed up for this several
years ago when they made the citizens sign up on the city's water
rights.
Councilor
Howison said Councilor Navetta's comment is in regards to a
different issue.
Mr.
Anderson said the City is reaching a deadline and if the City is
at all interested, they should look into getting an extension.
Councilor
Howison said the City should make sure they maintain the rights
and apply for an extension.
The
City Recorder stated she would research getting an extension.
Councilor
Mills said the State Engineer in the Division of the Water
Resources is who the City Recorder should contact and suggested
the City Recorder speak to Mr. John Stead as he is familiar with
the process.
Councilor
Quandt suggested the course of action is to apply for the
extension so the city has more time to think about it and have the
revenue committee look into costs and funding.
Mr.
Burke said there are performance dates that have to be met
according to the language in the permit.
The
Mayor directed the City Recorder to contact Mr. John Stead.
·
Atkeson Property – Nuisance Complaint
Councilor
Howison recused himself from the discussion stating it is because
he is the person who issued the complaint. Councilor Howison left
the dais and sat in the audience.
Councilor
Koehler said he had a hard time with the report given by Mr. Gates
because he goes outside his parameter of his expertise.
Councilor
Quandt made the motion to accept the report from William Gates
dated 03/18/2009. The motion was seconded by Councilor Mills. The
motion carried by vote of 3 ayes and 2 nays.
Councilor
Quandt made the motion to accept the staff report titled Recommendations
for Resolution of Abatement Action dated 03/09/2009. Councilor
Ruede seconded the motion. The motion carried by vote of 3 ayes
and 2 nays.
Councilor
Koehler said last month there was a problem with the whole report.
Councilor
Quandt made the motion that the three violations of 151.020 listed
in the staff report be declared nuisances pursuant to DC code
91.10 B. Councilor Mills seconded the motion. The motion carried
by vote of 6 ayes and 0 nays.
Councilor
Quandt brought up the issue of the fence on the property. The City
Recorder stated the planning secretary has changed her
recommendation to remove the fence as Mr. Gates suggests.
Councilor
Koehler said if there is a report that is not totally right then
it should be corrected.
Councilor
Mills said her position with the report, is that it is a report
from the planning commission and the council can't change it.
Councilor
Quandt asked if the council believes the patio tiles should be
removed.
The
Mayor called for a 10 minute recess.
The
meeting reconvened at 10:35 PM.
Councilor
Ruede moved to request to minimize the tiles. Councilor Quandt
suggested making the tiles 4 ft wide. Councilor Quandt withdrew
his suggestion (second). Motion died for lack of a second.
Councilor
Quandt made the motion to remove the tiles. Councilor Navetta
seconded the motion. The motion carried by vote of 4 ayes and 1
nay.
Councilor
Quandt made the motion that the fence is to be removed. Councilor
Navetta seconded the motion. The motion carried by vote of 4 ayes
and 1 nay.
Councilor
Quandt questioned the posting of the nuisance.
Councilor
Mills stated they should request the Lane County Sheriffs
Department to do the posting.
Councilor
Koehler said the Department of Fish and Wildlife could possibly do
this.
The
City Recorder said the council needs to vote.
Councilor
Quandt made the motion to initiate the abatement procedures
prescribed in the 03/09/09 staff report with the following
changes:
1.
Fence is to be removed
2.
Tiles are to be removed
3.
Notice of abatement will be posted on the property.
Councilor
Mills seconded motion. The motion carried by vote of 5 ayes and 0
nays.
·
Nuisance Ordinance Clarification
Councilor
Howison said he believed clarification of the nuisance ordinance
with regards to shoreland issues is needed. Councilor Howison said
the Conservation Committee needs to be included in the ordinance.
Councilor
Howison submitted a paper which read "91.25 (A) When a
signed, written allegation is presented to the City Recorder that
a nuisance, as defined in this chapter exists, the Recorder shall
notify the Site Review Committee, (unless the violation occurs
in the shoreland zone or in the riparian corridor in which case
the Recorder shall notify the Conservation Committee.) The (designated)
Site Review Committee will investigate to determine whether
a nuisance exists. 91.26 (D) If the investigation designated in
91.25 determines that an emergency exists, the (designated?)
Site Review Committee shall notify the Mayor. (Bold) print
in parenthesis is new wordage, underlined is to be
deleted."
Councilor
Navetta asked why the ordinance number is changing when it's just
an amendment.
Councilor
Quandt said he is comfortable with the wording for ordinance 176,
section 91.25 and believes they should go ahead and draft an
ordinance using normal procedures and have it ready for the next
meeting.
Councilor
Mills said chapter 8 under ordinances in Dunes City Charter,
paragraph 3 requires that if the city is going to adopt an
ordinance, any reading by title, only if the council member
doesn't request to have the ordinance read in full or if the copy
of the ordinance is provided to each council member and 3 copies
are provided for public inspection in the office of City Recorder
not later than one week before the first reading of the ordinance.
Councilor Mills said under Title 1 of the general provisions is
where you will find the requirement that if you are going to amend
the ordinance; you have to amend by ordinance. Councilor Mills
said she thinks Councilor Quandt is correct in saying that they
need to do it right but they could probably read into the record,
the whole title tonight and get the first reading out of the way.
Councilor
Quandt made the motion that we draft an ordinance to amend 176
using the language suggested by Councilor Howison and prepare it
for the next meeting. Councilor Howison seconded the motion. The
motion carried by unanimous vote of 6 ayes and 0 nays.
8.
Adjournment
There
being no further business to come before Council,
Councilor
Navetta made the motion to adjourn the meeting and Councilor Ruede
seconded the motion. After unanimous vote of 6 ayes and 0 nays,
the meeting adjourned at 10:54 PM.
The
next scheduled meeting of the Dunes City Council will be held on
May 14, 2009 at 7:00 PM.
The
proceedings of the City Council meeting were recorded on tape,
DVD, and are filed in the City Recorder's office. The complete
agenda of this meeting is filed in the City Recorder's office.
Respectfully
prepared by,
___________________________
Lisa
Ekelund
Planning
Secretary
=======================================================================
Committee
Reports
=======================================================================
[back]