DUNES CITY COUNCIL MINUTES
REGULAR MEETING
July 10, 2003
1. CALL TO ORDER AND ROLL CALL
Mayor Rob Ward called the meeting to order at 7:05 p.m.
PRESENT: Mayor Rob Ward, Councilors, S. Meyer (arrived late), S. Navetta,
P. Howison (arrived late), E. Becker, J. Martin, and R. Petersdorf.
ALSO PRESENT: City Recorder, J. Hickey; Recording Secretary, C. Lewis;
L. Riechel, Planning Commission; B. Yager, Siuslaw News; LCAN, and a small number of citizens from the community.
2. PLEDGE OF ALLEGIANCE
Mayor Ward led the Council and audience in the Pledge of Allegiance.
3. APPROVAL OF MINUTES
ACTION: B. Petersdorf made a motion to approve the minutes for the June 12, 2003, City Council Meeting as presented. S. Navetta seconded the motion. There were
4 ayes, 0 nays (Howison and Meyer absent). Motion carried.
4. BILLS OF THE SESSION
The bills of the session for June 13, 2003, through July 10, 2003, totaling $21,121.74, were presented for Council approval.
Councilor Howison arrived.
ACTION: J. Martin made a motion to approve and pay the schedule of bills for the period of June 13, 2003, through July 10, 2003, totaling $21,121.74. Bob Petersdorf seconded the motion. There were 4 ayes, 0 nays, 1 abstained (Petersdorf), and 1 absent (Meyer). Motion carried.
5. RECEIPTS OF THE SESSION
Receipts of the session from June 13, 2003, through July 10, 2003, totaling $14,662.25.
6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS
A. Councilor Ed Becker’s resignation effective July 10, 2003. Councilor Becker submitted his letter of resignation due to his upcoming move with his family to Eugene.
ACTION: Bob Petersdorf made a motion to accept Ed Becker’s resignation to be effective at the end of the July 10, 2003, Dunes City Council Meeting. S. Navetta seconded the motion. There were 5 ayes, 0 nays (Meyer absent). Regretfully, motion carried.
B. Lane County Commissioners request a meeting with cities to discuss problems and goals. Respond by July 14, 2003.
The meeting with the Lane County Commissioners is an annual meeting. The letter requests topics to be included in the meeting’s agenda. Mayor Ward asked Joanne Hickey to call Lane County and find out exactly what is wanted. The Council came up with some topics:
- Law Enforcement for rural Lane County.
- Update on the last phase of widening on Clear Lake Road.
- Steps to be taken to monitor business under Lane County’s jurisdiction that has a potential to pollute in the Woahink Lake watershed.
- Current status of the wrecking yard.
C. Lee Riechel announced that for the July 16, 2003, Planning Commission meeting, there would be a work session including Dave Perry from the LCDC.
The Planning Commission will be addressing a workable definition and rules defining the Shoreland Zone.
7. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS:
A. Marvin and Darlene Beckman, no present address. The Beckman’s asked the Council to start proceedings to remove the Open Space Overlay on Booth Island. Lee Riechel, Planning Commissioner, said that LCOG Attorney Gary Darnielle had been present at the meeting when the discussion of removing the Open Space Overlay had occurred. Darnielle had recommended that the overlay be removed. Mayor Ward asked that the Planning Commission draft a written recommendation to the Council including what the impacts of removing the overlay would be. The Beckman’s said that the reason they would like to see the overlay removed is for future development of their property. At the present time they must get Conditional Use Permits, which involves time, money and effort. Councilor Petersdorf said that the Comprehensive Plan addresses Booth Island, so there would need to be discussions with the LCDC to make any changes.
The Beckman’s then requested a Site Review for the current building site. Hickey said that the Beckman’s could be accommodated within seven days.
B. Rand Dawson, Siltcoos Station Road, Westlake, OR 97493
Dawson acknowledged Karen Russell of Water Watch (guest speaker) and thanked her for traveling from Portland to talk to the Council and citizens.
C. Karen Russell, Senior Staff Attorney, Water Watch, Portland, OR.
Russell introduced and gave the history of WaterWatch, an advisory group with 900 members who work with individuals or groups with legal processes concerning water issues. Russell said, “WaterWatch is not strictly a fish group, and they are not an anti-dam group, and they are not an anti-development group. What they are is a group who advocates for the protection of river flows and pushes to ensure that water development won’t harm basic public values for Oregon’s rivers and lakes.” Russell said that Water Watch is contesting International Paper’s (IP) certification of water rights to protect this important public resource of state-wide significance and to answer the question, “Who has the right to participate in the these types of allocations and should the public have a right to participate? And what should happen to this public resource and lake system and the waters in it, given that IP’s mill is not now operating.” The other reason they became involved is that WaterWatch was contacted by local citizens and representatives of the City regarding the process the State was going through and how the people could become involved. WaterWatch’s position is to “protect the flows needed for fish, wildlife, and recreation and the scenic values of this beautiful lake system and the current certificate does not do that and give any guarantees of what will happen to the resource…” in the future. Recently a State Hearings Officer determined that the contest that was filed raised valid legal and factual issues that the State must address regarding IP’s water rights. WaterWatch is now in a legal battle with Water Resources Department over what should happen to these permits and the administrative process could take 3 ½ years or more.
Mayor Ward asked Russell to update the Council on the latest ruling of the hearing. Russell said that that Hearings Officer ruled that WaterWatch did not have the ability to file a contest to the certificates but he left open the door as to whether or not WaterWatch could intervene in the proceedings. WaterWatch disagrees with that ruling and will likely appeal that if the group is not allowed back into the process. Once they eliminate that obstacle, they will be able to get into the merits of the case.
Becker asked if the certificate is not granted to IP, how would the dams would be regulated? Becker described a scenario where an anti-dam group could come in and apply for the water right to remove the dam. Russell answered that the possibility is there but it was just as possible that another party would be given the water right to manage dam…possibly Dunes City. Councilor Howison asked about the transfer rules. Russell said that the transfer doesn’t take into account the public’s interest in the lake levels or land use planning requirements. Russell suggested that the City write to Water Resources and let them know there are specific things that the City would like to see considered in the transfer process such as land use planning and lake levels.
Mayor Ward said that Dunes City’s position is that the majority of residents believe that the lake level should remain as it is and not go back to pre-dam levels. Becker asked Russell what would be the net impact to the lake if the water levels were drawn down in accordance with the Certificate. Russell said that she didn’t know, but would like to see a study addressing wildlife needs and community needs.
Becker said that the Forest Service had conducted a Lake’s Watershed Analysis, but it was a generic analysis that didn’t discuss specifics. A discussion ensued about a study addressing the lake level of Siltcoos Lake.
Councilor Meyer arrived.
Councilor Howison said that there had been indications from IP that they were interested in divesting interest in the water right. Russell said that they were aware of those indications and it has caused concern. Mayor Ward suggested contacting the Water Resources Board asking that if IP is not awarded the certificate, what the process is for the transfer of the water right to another use. It was decided to write the Water Resources Board and IP restating Dunes City’s position and interest in the lake’s levels. Councilor Martin asked that if we knew IP’s intention, would there be any way to bind IP to those intentions? Russell said that there could be a settlement agreement with certain conditions added before certification is granted.
8. PUBLIC HEARING – None
9. REPORTS
ROAD COMMISSION/MASTER ROAD PLAN/LCOG: R. Petersdorf
Councilor Petersdorf reviewed the minutes from the Road Commission Meeting held on June 16, 2003. (See Exhibit A)
Petersdorf said that the Road Commission would also be looking into building contractors’ equipment breaking down the edges of the paved roadways. Mayor Ward asked to have a work session with the Road Commission with pictures taken to show the damage that is being done to the roads.
Petersdorf reported that there had been an information session with the Road Commission and Council about the upcoming road projects for the summer of 2003. As a result of that meeting, Mayor Ward had asked Petersdorf to present budgeting information and a reassurance that the portion of the project earmarked for Chet’s Trail is on a public street. Petersdorf provided a map as a result of Circuit Court 16-9107168 that created the public driveway.
Joanne Hickey reported on the road budget. Hickey said there would be $350,000 left over in the fund at the completion of the projects. Mayor Ward said that the City would reserve the right to pull any project for any reason.
Councilor Navetta wanted to know why so much of the road budget was being used to improve Kiechle Arm Road, which is a private road. Councilor Howison wanted to know what the advantage to the City would be by improving Kiechle Arm Road. Petersdorf said that the present state of the road does not allow the ambulance and the fire department access to the residences. Mayor Ward said that improvement to Kiechle Arm Road was a choice that the City had made when the residents came before the Council asking for improvements. The City did say it would improve the road if the residents had the road’s right-of-way dedicated to the City. Petersdorf said that the same City Council had approved the project last July with the exception of Councilor Martin. Petersdorf said that he needs to get a signature from Alan Montgomery at which time all of the easements will be secured. Bids will not be awarded until all right-of way’s are dedicated to the City.
ACTION: B. Petersdorf made a motion to send the eleven reviewed road projects for the summer of 2003 to bid. S. Meyer seconded the motion. There were 5 ayes, 1 nay (Navetta dissenting). Motion carried.
Councilor Navetta said that she did not want to be liable in a law suit, since she believes that Kiechle Arm does not qualify as a dedicated Public right-of-way.
Petersdorf made a recommendation to the Council to keep temporary Road Inspector Keith Herring until the projects are completed rather than bringing on a new Road Inspector mid-way into the projects. The Council agreed.
PARKS & RECREATION/TOURISM/WATER – E. Becker
None.
SITE REVIEW COMMITTEE – J. Martin
Councilor Martin reported that she had received no response to the letter sent to the Watts regarding the eyesore/nuisance ordinances.
ACTION: J. Martin made a motion to initiate abatement procedures against the Watts property located at 4683 Pacific Avenue. S. Navetta seconded the motion. There were 6 ayes, 0 nays. Motion carried.
Councilor Martin said she will reinstate abatement under the nuisance ordinance.
POLICE COMMISSIONER/SRFD/CONSERVATION COMMITTEE – S. Navetta
None.
None.
GRANTS/FRANCHISES/LICENSES – S. Meyer
Council Meyer reported that the City had received the annual rate notice from Charter Cable. It appears that there are no rate increases. Petersdorf suggested that the City Council write a letter to Charter Cable protesting the lack of an office in Florence as stated in the franchise agreement.
MAYOR’S REPORT - Rob Ward
Mayor Ward reported that he had talked to Chief Lamm of the Florence Police Department in regards to expanding law enforcement services to Dunes City to offset cuts in service from the Oregon State Police and Lane County Sheriff’s Office. Chief Lamm said that he would have to check with their City Manager to see if it could be done. Ward suggested asking the citizens if they would fund such services with a property tax levy since Dunes City does not have the funds in the budget. Navetta suggested taking a poll in the next newsletter verses a Town Hall Meeting.
Ward said that he is still trying to get an answer from Water Resources Department about the need of Fish Screen before the Woahink Water Rights can move forward.
10. UNFINISHED/OLD BUSINESS – None.
11. NEW BUSINESS
A. Resolution .04-10-03 (B) - Authorizing expenditures of anticipated funds from 2003 RTMP agreement. Resolution 04-10-03 (B) must be voided as the expected expenditures were not incurred.
ACTION: J. Martin made a motion to void Resolution 04-10-03 (B). P. Howison seconded the motion. There were 6 ayes, 0 nays. Motion carried.
B. Resolution 07-10-03 – A resolution establishing a fixed assets inventory. The resolution addresses the auditor’s report that the City did not have a fixed assets inventory that will provide a property inventory and property ledger.
ACTION: E. Becker made a motion to adopt Resolution 07-10-03 establishing a fixed assets inventory. B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried.
C. Application for Appointive Office – Site Review Committee
Brad Hanscom and Shirley McGrew
ACTION: R. Ward made a motion to accept the appointments of Brad Hanscom and Shirley McGrew to the Site Review Committee. B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried.
A letter will be sent out to Hanscom and McGrew along with a copy of the nuisance ordinance.
12. UNSCHEDULED ITEMS
Navetta remarked that the Dunes City website has not been moving forward. Hickey will write a letter to Fred Hilden noting comments on the website and asking for an update.
J. Martin asked Hickey for monthly updates on expenditures. Hickey said they would be included in the Council Meeting packets.
13. EXECUTIVE SESSION: None.
14. ADJOURNMENT: Mayor Ward adjourned the meeting at 9:10 p.m.
APPROVED BY:
__________________________ ___________________________
Robert B. Ward, Jr., Mayor C. Lewis, Recording Secretary
________________________ ___________________________
S. Meyer, President J. Martin, Councilor
________________________ ___________________________
R. Petersdorf, Councilor S. Navetta, Councilor
________________________ Resigned 7-10-03_____________
P. Howison, Councilor E. Becker, Councilor