Dunes City - City Council Meeting Minutes

PRESENT: Mayor R. Ward, Councilors, S. Navetta, J. Martin,
M. Miller, S. Meyer, and R. Petersdorf.

    ALSO PRESENT: J. Hickey, City Recorder; G. Darnielle, City Attorney;
                        J. Cerda, Planning Secretary; C. Lewis, Recording Secretary;
                        L. Riechel, Planning Commission; B. Yager, Siuslaw News;
                        LCAN, and approximately 45 citizens from the community.

    ACTION: M. Miller made a motion to approve the minutes for the
                        January 8, 2004, City Council Meeting. J. Martin seconded
                        the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

B. City Council Special Meeting for 01-15-04 Councilor Martin
requested a correction on page two as follows:

                2. WETLAND/RIPARIAN GRANT
                    Councilor Martin reported that the grant amounts had changed
                    by reducing administrative costs to $700, leaving a combined total
                    of $2000, for staff hours and administration….

   ACTION: J. Martin made a motion to approve the minutes for the
                        January 15, 2004, City Council Meeting as amended.
                        M. Miller seconded the motion. There were 5 ayes, 0 nays,
                        1 excused. Motion carried.

The bills of the session for January 9, 2004, through February 12, 2004,
totaling $15,868.16, were presented for Council approval.

    ACTION: B. Petersdorf made a motion to approve and pay the schedule
                        of bills for the period of January 9, 2004, through February 12, 2004,
                        totaling $15, 868.16. J. Martin seconded the motion. There were 5 ayes,
                        0 nays, 1 excused. Motion carried.

Receipts of the session from January 9, 2004, through February 12, 2004,
totaled $20,007.20.

C. Planning Commission Meetings changing to the third Thursday of the
month from the third Wednesday.

D. Change November 11, 2004, Council Meeting (falls on Veteran's Day,
a staff paid holiday). To be determined at a later date.

    A. Alta Taylor, 9340 Highway 126, Florence, OR, 97439. Mrs. Taylor's
        family has purchased the parcel of land north of Dunes City known as
        Big Bear. They will not be building an RV park, but will build a residence
        through a template zoning. The Taylor's will add a second residence for her
        son's family, who will look after the property. Taylor wants to put the rumors
        to rest, and let it be known that they will plant trees and protect the water
        source to the best of their ability.

9. New Business
(New matters, in absences of a compelling reason, may be set over to a subsequent meeting.)

A. Woahink Domestic Water Rights

Mayor Ward gave the audience background concerning the Woahink Water Right permitting system. Ward then opened the meeting for questions from the public.

Dave Gosselin, 83591 Woodland Lane, Florence, OR.
Gosselin wanted to know if the deadline of February 29th, could be extended. Ward said that the City wants to keep the deadline to get people signed up. Gosselin said he would like to see a meeting with the State and the residences to hear the State's input, since the area may be a model for the entire state. Ward said that the only reason that Dunes City is helping out with the resident's water right problems was that the State was contacted by a complainant. Gosselin asked if the City was making a profit on the fees. Ward answered that the City is not allowed to make a profit. Gosselin voiced a concern about fees gradually increasing in the future. Ward answered that the fees may actually decrease from fewer meters being read if the State is satisfied that the permitees are well under the allocated water amount. Gosselin inquired about the survey included in the permit fee. Ward said that the survey is a GPS reading at the point of diversion. Gary Darnielle said the State will require a survey if the City reaches capacity of the water right. Gosselin asked about meter maintenance. Jeannie Cerda said that the meters have at least a 20 year life with minimal maintenance. Gosselin asked about non-residents accessing water through Woahink Lake. Ward said the City cannot provide water to a non-resident. Gosselin was concerned that people may not have heard about the sign-up. Ward said that there will always be people who won't be informed no matter how much information is disseminated. The water permit will be available after the deadline, but will cost more since completing the process with a large group would decrease the cost of implementing the program.

John Stead, 83505 South Cove Way, Florence, OR.
See exhibit A.

Stead mentioned a Water Management and Conservation Plan that will be implemented within 3 years by the City.

Ward responded that Bob Rice had recently told the City that the Water Management and Conservation Plan was not a requirement; however the City will be completing the plan, since conserving the water is important. Ward said that the Plan would have to be completed for the Municipal Water Right held by the City.

Ward also responded to the other issues Stead brought up in exhibit A.

The easements do not apply because the access is being granted under the umbrella of the City's Domestic Water Right, therefore there will not be a $700 fee required for water lines to cross State lands.

Property owners need to check that they have legal access to water (crossing neighbor's land to get to the lake), but the City is not requiring proof (honor system).

Previous water right holders would not have to choose which water right to use. The State can't prove if you are using either water right during different times of the year. Ward said that he has never heard anything from the State that they will come back and revoke someone's water right.

The notary is being used to protect the City. Darnielle said that one of the main concerns that the City had was to not create a municipal water system. The City has checked with the State, and they have indicated that the sharing of the City Water Right does not create a water system. Darnielle said that the City is not the owner of the meters.

Councilor Martin wanted to clarify about the term "Domestic Water Right" verses "Domestic Water Right Expanded." Darnielle said that to use the City's Domestic Water Right is to grant usage to include landscape irrigation and car washing, not just human consumption. Ward said the City will issue a permit back to the permitees that will address their rights.

Martin said the application states that the meter will be replaced by the permit holder. Ward said that the agreement would need to be changed to reflect that the $100 annual fee would include replacement/maintenance costs for the meters.

Eric Bauman, 4945 Lakeshore Drive, Florence, OR.
Bauman wanted to know if it is the owner's responsibility to have the meter installed. Ward said that the permit fee includes installation.

Norman Martin, 83750 Rio Road, Florence, OR.
Martin wanted clarification regarding a property running water lines through a fronted landowner if an easement is not able to be obtained. Ward said that how a person negotiates with a neighbor is a civil matter between the two parties. Ward mentioned a prescriptive easement where there may be an unrecorded easement if the line has been present for more than 10 years. Martin said that the actual water right is in conflict with what the City is saying. Ward said that the State came up with this method, not the City.

Ward said that if coming up with the total $600 fee is a burden to the applicant, the City could spread out the fee over three months.

Jo Owen, 4950 Brentwood Drive, Florence, OR.
Owen wanted to know if spreading out the payments would result in an additional fee. Ward said that it was up to the Council.

Louanne Ferrè, 8351 South Cove Way, Florence, OR.
Ferrè said she was still concerned that the notarized agreement did not include the term "expanded." Ward said the permit will cover expanded. Ferrè asked about a second point of diversion being required for a heat pump, thereby requiring two fees. Ward was unsure and said that he would check on it and send a letter to Ferrè notifying her of the outcome. An audience member said that the Water Resources Department has issued a separate water right in the past for heat pumps.

Alan Booth, 83455 South Cove Way, Florence, OR.
Booth commented that the City could do away with the Domestic Expanded reference, since it is a local term, not a State term. Ward said that the definition is included with the State, and that the City holds an expanded use water right.

Councilor Petersdorf addressed item 10 on the application referring to there being only one property/structure to use the water right. Petersdorf said that would exclude a caretaker's home. Darnielle said they would need a separate permit. Ward said they would need to re-write the application to cover caretaker's homes.

ACTION: S. Navetta made a motion to rescind Resolution 01-08-04.
Motion died for the lack of a second.

    ACTION: J. Martin made a motion to amend the application to reflect the
                    changes that were discussed earlier. S. Meyer seconded the motion.
                    There were 5 ayes, 1 nay, 1 excused. Motion carried.

    ACTION: B. Petersdorf made a motion to offer extended payments to anyone
                    who cannot afford the full fee of $600 at one time ($200 in February,
                    $200 in March, and $200 in April to complete the full fee). M. Miller
                    seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion
                    carried.

There was a presentation of a certificate to Fred Hilden for his work on the Planning Commission.

Joanne Hickey explained that the drain field back-up into the building has caused mold growth in the office. In addition, the road room has a continual mold problem where water backs up outside the door and enters the room soaking the carpet. Hickey said that the hygienist indicated that when grey water floods a building, the normal protocol is to take out 1 - 2 feet of drywall that came in contact with the water. The cost will be covered by insurance. The hygienist did not test for mold or bacterial growth in the office, since either way the source is to be removed and cleaned. The hygienist did check the road room where the mold spore counts was extraordinarily high. The protocol for the road room will be handled the same way as the grey water. Hickey explained that the offices would be moved into the Council Chamber for 2 - 2 1/2 weeks when restoration of the two offices should be complete. Then the furnace room, the restrooms and the kitchen would begin restoration. Hickey estimated the cost for the mold removal in the road room would be $2800, but added that the total cost with construction would be $5000 to $6000. The road room will be tiled with flooring similar to the Council Chamber and the outside porch will be modified to keep water from seeping into the building.

Ward said that the City would need to be proactive and provide a safe work area for employees.

Hickey said that the roof is being repaired where it has leaked in the audio closet. There is also a rat problem in the building that is being handled by an exterminator and the exterior of the building is being inspected and repaired where rats may be entering.

Councilor Martin reported on two complaints received about the Watts' tenants. The complaints include blocking the driveway, uncontrolled dog, and noise. Martin cited DCCO 9110, than any act determined by the Council to be injurious or detrimental to the public health, safety or welfare of the City is declared to be a nuisance and may be abated…. Ward suggested going over the complaint with Vicki Watts hoping that she will address the problems. Darnielle said that the Council should determine which issue constitutes a City nuisance. Darnielle suggested that both the property owner and the tenants be contacted, since the property owner may take the issue more seriously. Petersdorf said that discharging a firearm is a violation of City ordinance; however the area where the shooting occurred is in Lane County. Ward said to send the draft letter.

Martin said there has also been a complaint about skateboarding in the City Hall parking lot after 10 PM. It was decided to have Jeannie Cerda talk to the skateboarders about removing their ramps from the parking lot and curtailing the skateboarding before 10 PM. Councilor Meyer brought up a liability issue concerning the skateboarders. Darnielle said that since it is a City street, there would be no liability.

Navetta reported that the first meeting of the Water Quality Control Committee had occurred and Ward had been selected as temporary Chairperson. The meetings will be on the first Thursday of each month.

ACTION: R. Petersdorf made a motion to direct staff to authorize the necessary repairs that may need to be done to the building to eradicate the mold and to declare an emergency due to health concerns. S. Meyer seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

A. Council to make decision resulting from executive session regarding Fish Mill Lodges.

Darnielle recommended allowing the City insurance company to conduct an investigation of the issue.

B. Council to make decision resulting from executive session regarding Martin culvert repair request.

Darnielle recommended allowing the City insurance company to conduct an investigation of the issue.

Darnielle said that the current issue has been dropped, but in the future, it is his recommendation to allow someone to apply and include other interested people's property. The City would then make sure that all these people were notified of the process.

ACTION: J. Martin made a motion to accept the City Attorney's recommendation regarding Old Business, items A, B and C. M. Miller seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

2. Resolution 02-12-04: A resolution authorizing expenditure of unanticipated specific purpose grant funds received in current fiscal year from Oregon Department of Land Conservation and Development to complete an update of Local Wetlands and Riparian Inventories.

ACTION: M. Miller made a motion to accept Resolution 02-12-04, a resolution authorizing expenditure of unanticipated specific purpose grant funds received in current fiscal year from Oregon Department of Land Conservation and Development to complete an update of Local Wetlands and Riparian Inventories and include the grant amount of $26,479 in the resolution. S. Meyer seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

E. Ordinance 167 - An ordinance granting a nonexclusive Franchise for the maintenance and operation in the City of Dunes City, Oregon of a cable system. First reading.

Councilor Meyer said that a group from Dunes City met with Falcon that resulted in the agreement. Darnielle made a change at the beginning of the document and recommends that the City accept the agreement.

Ward opened the public hearing portion of the meeting at 9:25 PM to consider the adoption of Ordinance 167. Ward asked the Council if anyone had any actual or potential conflicts of interest they wished to declare related to the issue. There were none.

Ward asked if there were any member of the public who wished to address the Council on the issue. There were none

ACTION: M. Miller made a motion to call for the first reading of Ordinance 167 by short title. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

C. Ordinance 168 - An ordinance establishing a policy to provide a no brushing plan for property owners abutting the City right-of-way. First reading.

Ward asked the Council if anyone had any actual or potential conflicts of interest they wished to declare related to the issue. There were none.

Ward asked if there were any member of the public who wished to address the Council on the issue. There were none.

Petersdorf answered some of Navetta's questions. The permit holder will pay for the actual sign. The right-of-way will be brushed at a depth of about 2 - 3 feet at the edge of the pavement. Navetta voiced a concern about the signs being unsightly. Petersdorf said that the signs could be left up year around, or the permit holder could put signs up at the notice of brushing in the newspaper, but if they were to fail to put the sign up, the City would have no indication of who did not want their right-of-way brushed. Petersdorf said that the Ordinance has nothing to do with the 14' limbing, which the City will continue to do as needed.

ACTION: B. Petersdorf made a motion to call for the first reading of Ordinance 168 by short title. S. Navetta seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

1. Cal Lewis and Gene Cockeram - Parks and Recreation Committee 2. Gerald Hamilton and Linda Lauck - Budget Committee 3. Vicki Sieber-Benson - Road Commission 4. John Scott - Planning Commission

ACTION: B. Petersdorf made a motion to recommend Cal Lewis and Gene Cockeram to the Parks and Recreation Committee, Gerald Hamilton and Linda Lauck to the Budget Committee, Vicki Sieber-Benson to the Road Commission, and John Scott to the Planning Commission. M. Miller seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

E. Clearlake Road Improvement Project - Lane County requests that City accept conveyance of a conservation easement.

The parcel is located near Gibbs Creek. Ward explained the conservation easement to the Council. Navetta requested that the issue be tabled until the March meeting. Petersdorf said that the easement is needed since the County is in the process of clearing the area to be widened.

ACTION: B. Petersdorf made a motion to approve the conservation easement that Lane County is giving to the City for $0. J. Martin seconded the motion. There were 4 ayes, 1 nays (Navetta dissenting), 1 excused. Motion carried.

F. Harrang/Long - "5th Amendment to Agreement for Personal Services" - Proposal to a change in the maximum ("cap") and the minimum ("floor").

ACTION: B. Petersdorf made a motion to approve the 5th amendment to the agreement for personal services by Harrang/Long. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

Riechel said that the review of the first three sections of the code update has been completed. (See Exhibit C)

There was a discussion about the Planning Commission having the authority to approve land use decisions, with the City Council being the first level of appeal for the applicant, not LUBA. Riechel wanted to know if there were any members of the Council who were opposed to the Planning Commission making land use decisions.

Navetta wanted to know if there was any word about reimbursement from the State for the repair of the Woahink Weir. Ward will report at the next meeting. Martin asked about the status of setting up the Justice Court for City use. Darnielle was requested to bring back information, which he already has. Ward requested that a review of the Justice Court be put on the agenda for the March City Council meeting.

Robert B. Ward, Jr., Mayor
C. Lewis, Recording Secretary
S. Meyer, President
J. Martin, Councilor
R. Petersdorf, Councilor
S. Navetta, Councilor
P. Howison, Councilor
M. Miller, Councilor