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M I N U T E S
Regular
Meeting – |
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| Dunes City Council | ||
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COUNCILORS
ABSENT: None. OTHERS
PRESENT: George Burke, Planning Commission; Gary Darnielle, City
Attorney; Christy Lewis, Recording Secretary; Teri Tinker, Planning
Secretary; and approximately 35 citizens from the community. 1. CALL TO ORDER Mayor
Sheldon Meyer called the meeting of the Dunes City Council to order at
Recording Secretary Christie
Lewis called
the roll and stated that a quorum was present.
Councilors joined in the Pledge of Allegiance. 2.
APPROVAL OF MINUTES Councilor
David Bellemore requested that the fourth action recorded on Page 7 of the
minutes of the David
Bellemore made a motion that Policy E.3 had been applied to |Woahink Ridge
but had not been met. Mayor
Meyer determined there was no objection to the request and the January 18
minutes were amended. Councilor
Navetta requested that the second Sentence, in the final Paragraph, on
Page 8 of the
. . . that prior appointments to the Planning Commission did Mayor
Meyer determined there were no objections to the request and the January
11 minutes were amended. Councilor
Bob Petersdorf moved, seconded by Councilor Navetta, to accept the Minutes
of the January 11 and 3. Bills of the Session Mayor
Meyer referred to a document entitled "Bills of the Session" and
noted that it contained a record of outstanding bills to be paid that had
been received between January 12 and Councilor
Petersdorf stated that he would abstain from voting to avoid the
appearance of having a conflict of interest in approving a payment to a
business with which he was associated. Councilor
John Scott moved, seconded by Councilor Bellemore to authorize payment of
bills presented. The motion
was adopted unanimously, 5:0:1, with Councilor Petersdorf abstaining from
voting. Planning
Commission President George
Burke reported that outstanding bills considered at the
Mayor Meyer said he believed the subsequent action had been to void
appointments made at it, not the entire meeting.
City Attorney Gary Darnielle explained that the approval given to
pay bills at the meeting in question would have been rescinded only if the
entire meeting had been voided to correct a violation of the Oregon Open
Meeting Law. He said if the
motion to void had identified specific actions on the Agenda, other
actions would continue to stand. He
said authorizing payment of the bills needed to be reconsidered, if the
entire meeting had been voided. 4. Receipts of the Session
Mayor Meyer reviewed a document entitled "Receipts of the
Session" that reported City revenue of $17,863.55 for the preceding
month.
5.
Announcements and Information
Mayor
Meyer reported that City Recorder Joanne Hickey had asked for fiscal year
2007-2008 budget requests no later than February 15. Mayor
Meyer reported that the quilt art in the meeting room had been provided by the Rhododendron
Quilting Society and would be on display through the end of February. Mayor
Meyer stated that volunteers were
needed for the Fire Fighter District
and Community Emergency Response Team (CERT). 6. Guest Speakers Jean
Busby stated that she represented the Dunes City CERT and reviewed
educational material distributed at the beginning of the meeting, as
follows: -
“How to Prepare for Disaster” published by the Federal Emergency
Management Agency (FEMA) -
Community Emergency Response Team Training Manual -
“Organizing Neighborhoods for Disaster Preparedness”
-
Ms. Busby described CERT training sponsored by the Florence Fire
Department that was scheduled to begin February 24. Dave
Dahlberg stated that he also represented CERT and distributed additional
material related to a “Disaster Preparedness Expo” to be held in Councilor
Richard Koehler requested electronic versions of distributed material to
facilitate it being posted on the City internet web page. 7. Citizen Input Norman
Martin, Mr.
Martin read excerpts from a letter included in the document from Dave
Perry, South Coast Regional Representative in the Oregon Department of
Land Conservation and Development Oregon Coastal Management Program.
The excerpts were responses to questions asked by Mr. Martin, who
said they were validation of his assertions that Mayor
Meyer stated that the Council would receive the document and include
discussion of it on the Agenda of its March meeting. Judy
Martin, Ms.
Martin read a letter from City Recorder Joanne Hickey.
The letter said it was a “sad day” when three of four City
staff felt they were being forced to resign.
It commended the staff for its commitment and support.
It expressed appreciation for their competency, hard work, and
cohesiveness. Ralph
Farnsworth,
David
Davis, 83000 Jensen Lane, Dunes City read a letter to the Council in
which he expressed concern about the resignations of City staff.
He said those who resigned were well trained and capable in
performing their duties. He
said the losses would lead to a reduction of City services.
He asked the Council to make public their plans for dealing with
the vacancies – time schedule for replacements, continuation of City
services, and what steps were being taken to deal with the cause of the
mass resignation. He said he
believed the cost of contracting with Lane Council of Governments (LCOG)
to provide interim services should be discussed openly before arrangements
were finalized. He said the
problems created by the resignations were serious, never experienced
before, and brought on by excessive workloads and interference by elected
officials. John
Stead, 8. Public Hearing Mayor
Meyer noted that the time set for a Public Hearing had arrived.
He said, on the advice of the City Attorney, he would open the
Public Hearing and, without objection, would temporarily close it to
finish Agenda matters related to Unfinished/Old Business. Mayor
Meyer opened the Public Hearing and announced the topics to be considered
– (1) An evidentiary hearing about a potential violation of the City
Code regarding erosion of soil into Little Woahink Lake; (2) Ordinance
#187, revising the number of Planning Commissioners, its voting structure,
and the staggering of terms; and (3) Ordinance #188, establishing an
Intergovernmental Agreement establishing the West Lane Emergency
Operations Group. Mayor
Meyer closed the Public Hearing. 9. Unfinished/Old Business
A. Woahink Ridge Planned
Unit Development Findings of Fact
Mr. Darnielle referred to a document entitled “Final Order and
Findings of Fact on Remand from LUBA – Woahink Ridge Estates –
Preliminary PUD Subdivision (PUD 01-05) and Zone Change (XON 01-05).”
He noted that it contained a full history of City and Oregon Land
Use Board of Appeals (LUBA) actions related to the application for a
planned unit development. He
reviewed changes made on pages 2, 3, and 8 of the document since it had
last been considered by Council.
Councilors discussed the application, raising questions about
Findings, agreeing to change Sentence 2, of Paragraph 2, on Page 12, as
follows:
There will be the same number of homesites and septic systems in
this PUD as would occur in a standard subdivision,
Councilor Peter Howison
moved, seconded by Councilor Petersdorf, to accept the Findings of Fact
for the Woahink Ridge Planned Unit Development, as amended.
The motion was adopted, 5:1, with Councilor Navetta voting no.
Mr. Darnielle stated that specific zone changes related to the
application would be considered at the March meeting of the Council.
Councilor Scott moved,
seconded by Councilor Koehler, to approve PUD 01-05, an application for
the Woahink Ridge Planned Unit Development, with changes as noted.
The motion was adopted, 5:1, with Councilor Navetta voting no.
B. Committee for Citizen
Involvement Report
Councilor Howison reported on progress made by the CCI in forming
recommendations about three ordinances.
He reviewed how the Phospohorus
Reduction Ordinance had been drafted by the Committee, reviewed by the
Planning Commission, revised to meet concerns raised, and was ready to be
acted on by the City Council. He
said the proposed Ordinance was a matter of health and public safety, not
a land use, and did not require a recommendation from the Planning
Commission. He said if
Commission input was desirable, it would be possible to hold a joint
Council/Commission Public Hearing.
Councilor Howison said that it could be argued that proposals for
the Erosion Control Ordinance and Surface
Water Pollution Ordinance were land use concerns and should be
considered after a Planning Commission review and recommendation.
He suggested that that a joint Public Hearing would again be a way
to fast-track a decision on them by the Council.
Councilor Bellemore said, in light of public testimony raising
questions about the legality of the CCI, the concerns should be addressed.
He reviewed the evolution of the committee from being the
Moratorium Support Committee appointed by the Council, to its current
state of a loosely organized body that recommended adoption of ordinances.
He said he believed the changes that had taken place in the
Committee were an attempt to make its work as transparent as possible and
to allow participation by all citizens.
Councilor Scott said he believed the Phosphorus Reduction Ordinance
should be considered a land use matter, since it related to stormwater
runoff and erosion control.
Mayor Meyer determined
there was consensus to postpone further consideration of the Phosphorus
Reduction Ordinance until the March meeting of the City Council.
Councilor Howison explained that there was a
Councilors discussed the recommendation.
Councilor
Bellemore moved, seconded by Councilor Navetta, to authorize expenditure
of up to $4,000 from State grant resources to complete work on proposed
Erosion Control and Surface Water Pollution Ordinances.
Mr. Burke reported that Ms. Hickey had asked him to encourage
caution in adopting new ordinances. He
said the reason for the warning was that there were always significant
uncalculated costs for revising existing codes to coincide with new
measures, especially those providing for increased environmental controls.
He said an example of the quandary that could be created was his
understanding that recently adopted Ordinance #182 could not be enforced
because it conflicted with other ordinances.
Councilor Howison replied that he agreed that such work would be
required, but that if the State Planning Grant were not utilized by the
end of the fiscal year, it would be lost.
He said he believed it would be possible to prepare for adoption of
the proposed ordinances using grant funds, and then delay their
implementation until code revision work could be funded
The motion was adopted
unanimously, 6:0.
Mr. Darnielle reported that he had discussed the issue of Council members attending CCI meetings with representatives of the
League of Oregon Cities. He
recommended that a conservative tactic be adopted to give public notice
regarding the possibility of a quorum of Councilors being present at any
meeting.
Councilors discussed the recommendation and appeared to reach
agreement that it would be followed. 10. Council Appreciation for Staff Councilor
Petersdorf described his work with Recording Secretary Christy Lewis.
He praised her work with the Roads Commission and City Council.
He presented her with a handcrafted burl plaque expressing
appreciation for her work for the City and wished her well in future
endeavors. Mr.
Burke said he had not been able to prepare a plaque to honor Planning
Secretary Terri Tinker because he had hoped to convince her not to leave
City employment up to the last minute.
He expressed concern that the stresses of the job that had led to
her resignation were not being addressed.
He said he believed the Council should write glowingly positive
letters of reference for each of the employees who were leaving.
He warned that there was a serious need to improve the relationship
of the City to its employees. Mayor
Meyer stated that he had spoken to each of the employees who had resigned,
encouraged them to remain on their jobs, and assured them that he would
write highly laudatory letters of reference on behalf of the City.
He said he had assured them that their experience working for the
City would never jeopardize any future employment.
He stated that he personally apologized for the conditions that led
to their resignations. Councilor
Scott said he agreed with Mayor Meyer and believed the leaving employees
had done exceptional work for the City.
He also apologized for conditions that had led to their choosing to
resign. Councilor
Scott moved, seconded by Councilor Petersdorf, to apologize for extra
ordinary duress and work load conditions placed on City office staff over
the last year and to express sorrow over their decisions to leave their
jobs. Councilors
discussed issues related to creating stressful conditions for City
employees. The
motion was adopted unanimously, 6:0. Mayor
Meyer announced that there would be a five-minute recess of the meeting. Mayor
Meyer reconvened the meeting of the City Council at 11. Public Hearings
A. Evidentiary Hearing
Mayor Meyer re-opened the Public Hearing on a potential violation
of Section 154.05 of the Dunes City Code regarding erosion of soil into
Little Woahink Lake.
Mr. Darnielle corrected the section of the City Code that was being
considered to Section 159.040, as follows:
No graded or excavated surface shall be left or abandoned
without vegetation for more than one year.
Mr. Darnielle explained that the purpose of the Hearing was
fact-finding and to determine if the Council felt it should proceed to
consider any further action.
Mayor Meyer invited Michael Farthing, attorney representing the
owners of the property in question, to address the Council.
Mr. Farthing said he had no opening statement, but welcomed the
invitation to participate in the Council discussion.
Councilor Howison reviewed background grading for a road that would
lead to a proposed Planned Unit Development (PUD) on Little Woahink Lake.
He said the Council had taken action in August 2006 to require that
the property owners comply with the Code section in question by
hydro-seeding vegetation on land denuded by the road preparation work.
He said he had been informed that the City Attorney had reported
the Council action to Mr. Farthing and that Councilor Navetta had spoken
with him regarding it in October of that year.
He added that a previous concern about sedimentation at the same
location had been remedied and that the measures taken continued to be
effective.
Mr. Farthing stated that he had informed the property owners of the
concern of the Council, but that no action had been taken for several
reasons – busyness; land use applications for the planned PUD appeared
to be on the verge of being approved, enabling work on the road to be
combined with development work; a conviction that hydro-seeding would not
work to prevent erosion; and doing the work would require removal of the
sedimentation remediation measures.
Councilor Howison stated that a report dated
Mr. Farthing stated that he believed it was the intention of the
property owner to halt work on the road until land use issues related to
the PUD were settled. He said
discussion about the project had bogged down in the fall/winter of 2005.
Councilor Howison said he believed the City should consider
imposing a fine for noncompliance with the Code.
Mayor Meyer said imposing a fine would require a full Public
Hearing to determine if the property owner could propose a solution to the
problem.
Councilor Petersdorf said he believed the Ordinance was clear.
He reported that the Roads Commission had sent several letters to
the property owner regarding the issue.
He said he also believed a fine would be appropriate and that, if
noncompliance continued, no further permits should be issued to the
applicant.
Mr. Farthing suggested that he convey the hydro seeding option to
the owner and try to work him and a person designated to represent the
City in discussions regarding the road concerns and development on the
property, eliminating the need for a Public Hearing on the matter.
He said that if it was determined that a fine should be imposed, it
should cover City costs, but not more.
Councilor Petersdorf said that Roads Commission would consider the
matter at its next meeting.
Councilor Navetta said she believed the Council should take an
action that would “get the attention” of the applicant.
Councilor Scott said he agreed with Councilor Navetta and that he
believed the matter had “dragged on” much too long.
Councilor Howison suggested that a Council Public Hearing be
scheduled, in case progress not made in resolving the issue.
Councilor Bellemore suggested that the Road Commission be asked to
recommend a plan of action.
Mr. Burke said he supported the proposal to schedule a Public
Hearing.
Mr. Adam stated that he was the Smith River Forester for Roseburg
Forest Products Company, owners of property to the north of the where the
road grading took place. He
said, in response to a concern about colorization of lake water, he had
been asked to inspect the site and contributory streams drainage systems
in November 2005. He said he
had reported that there was no accelerated erosion from either of the two
main tributaries.
Mr.
Adam stated that he was anxious to be available to the Council and
citizens, providing information and support in matters related to property
owned by his employer.
Mayor Meyer determined there were no other persons wishing to
testify, closed the Evidentiary Public Hearing, and invited Councilors to
deliberate.
Mr. Darnielle stated that provisions of the Coburg Code for
penalties for land use violation was nebulous and that he recommended
consideration be given to applying provisions of the City Nuisance Code in
the current situation.
Councilors discussed issues related to the matter under
consideration – requests for remediation not filled; extensions for
compliance provided; recommendation needed from the Roads Commission; the
importance of establishing the authority of the City to enforce its Code
requirements; and the difficulty of imposing fines on the basis of a
matrix.
Mayor Meyer stated what he believed to be the agreements reached by
Councilors: 1.
Counsel
for the property owners will meet with the Roads Commission at its
regularly scheduled March meeting, making a proposal for resolution of the
violation. 2.
Councilor
Petersdorf will confer with the Mayor and consider immediate
implementation of an agreed upon plan of action. 3.
Public
notice will be given of a Hearing to be held at the March Council meeting
regarding a potential violation of the Nuisance Code.
There were no objections to the statement. B.
Ordinance #187 – Revising Code Section 32
Mayor
Meyers opened a Public Hearing on Ordinance #187, an ordinance amending
Code Section 32 to revise the number of Planning commissioners, its voting
structure and the staggering of terms; and declaring an emergency.
Mr. Darnielle explained that Ordinance #187 had been revised based
on discussions during its previous review by the Council to define voting
by the Chairperson.
Councilor Petersdorf said he believed that term limits for members
of the Planning Commission had been removed in a previous revision of the
Code. Councilor Howison said
he had seen it eliminated in the version of the Code maintained in City
Hall, but that it continued to be in the version he was provided as a
Councilor.
Councilor Scott said he supported eliminating term limits for
membership on the Planning Commission, or establishing the limitation for
membership on all City committees. He
recommended that expansion of the number of members on the Planning
Commission to six be reviewed at the time of the next need for an
appointment, with consideration given to returning to five members.
Councilor Navetta said she agreed with Councilor Scott.
Councilor Howison said he believed that if there were six persons
willing to serve on the Planning Commission, they should all serve, but if
it eventuated that it was unworkable, it should be reevaluated.
Mr. Darnielle suggested that it would be preferable to adopt the
Ordinance as it was presented and to make changes by amendment at the next
meeting of the Council.
Councilors continued to discuss whether to place a limit on the
number of consecutive terms a member of the Planning Commission could
serve.
Lee Riechel, no address provided, said he was concerned
because there was no provision for a establishing a quorum for meetings of
the Planning Commission in the proposed Ordinance.
He said it would be important to include a definition of the role
of the Chairperson in establishing a quorum.
He added that he believed it would be positive to set the City
Council as the initial board of appeal for contested Type II land use
described in Code Section 32.67.
Mayer Meyer determined there were no other persons wishing to
testify and closed the Public Hearing.
Councilors discussed issues related to the deadlines for Planning
Commission recommendations and City action on land use applications.
There appeared to be agreement that the time allowed began when an
application was accepted as being complete.
Councilors discussed various options for creating staggered terms
for Planning Commission members.
Mayor Meyer read the Ordinance by title a second time.
Councilor Howison moved,
seconded by Councilor Petersdorf, to adopt Ordinance #187, an ordinance
amending Code Section 32 to revise the number of Planning Commissioners,
its voting structure and the staggering of terms; and declaring an
emergency. Mayor Meyer polled
the Council and the motion was adopted unanimously, 6:0.
Councilor Howison moved, seconded by Councilor Petersdorf, to
appoint Darlene Beckman to a one-year term on the Planning Commission
ending
Councilor Bellemore moved, seconded by Councilor Navetta, to send
letters of appreciation to those who were recently appointed to the
Planning Commission and explain that they had been assigned terms to
enable staggering of the terms, as follows – Lee Riechel, two-years;
Bill Tizzard, one-year; Darlene Beckman, one-year.
The motion was adopted unanimously, 6:0.
C. Ordinance #188 –
West Lane Emergency Operations Group
Mayor Meyer read Ordinance #188 by title and opened a Public
Hearing regarding it.
Mr. Darnielle stated that the Council had previously discussed the
Ordinance that authorized
Mayor Meyer determined that there was no one present who wished to
testify and closed the Public Hearing.
Councilors discussed the proposed Ordinance – how much
participation would cost, the value of the effort in the planning process,
and various aspects of the operation of the Group that were unknown.
Mayor Meyer determined there was agreement to postpone a decision
about entering the Intergovernmental Agreement until the March Council
meeting when the City Recorder could provide additional information from
her experience as a participant in meetings of the planning group. 12.
New Business
A. Fish Mill Lodge
Request
Judy Bedsole, no address provided, stated that she had
requested time on the Agenda of the meeting to ask the Council to revoke a
Temporary Right-of-Way Permit awarded to George and Laura Burke in June
2004 that permitted the construction of a fence and retaining wall at the
intersection of Lake Boulevard and Fish Mill Way.
Ms. Bedsole distributed copies of a 21-page document of evidence
supporting her contention that the wall was improperly built and caused
erosion damage to her property. She
read extended portions of a five-page letter to the Council dated
Mr. Darnielle stated that he would investigate the allegations and
contentions included in the document, discuss the concerns it raised with
the City Engineer, and prepare recommendations for Council action.
Mayor Meyer determined there was agreement to postpone further
consideration of the matter until the March meeting of the City Council.
B.
City Office Procedures
Mr.
Darnielle referred to his memorandum dated February 8 regarding changes
needed in the operation of City Hall.
He said the most important change needed was for elected officials,
citizens, and volunteer participants in City affairs to deal with staff
more respectfully. He reviewed
other changes recommended in the memo: -
Create sequestered working spaces for the Planning Secretary and City
Recorder. -
Authorize securing cost estimates for physical changes to the City
Offices, such as screening off the lobby, posting directional and
informational signs, changing the number of the second telephone line,
establishing e-mail addresses for staff and elected officials, install
material distribution boxes for Councilors and other Committee members,
create a public display rack of most frequently requested City forms and
applications, establishing request forms and policies for duplication of
documents, and crate a mail/payment box accessible from outside the
Office. -
Create a receptionist position responsible for welcoming visitors,
answering the telephone, and directing inquiries and requests to
appropriate staff, possibly combining portions of the currently vacant
staff positions. -
Establish a time limit for “window service” assistance. -
Require all requests for additional staff service through the City
Recorder. -
Establish City Hall customer service hours of -
Organize citizen volunteers through a Volunteer Coordinator. -
Enforce policy that no meeting lasts later than -
Limit staff requirement to attend meetings to two times a month. -
Planning Commission Secretary position revised to Planning Director and
establish it for 25-40 hours per week. -
Eliminate requirement that Road Commission Secretary attend meetings of
the City Council. -
Create a full-time Office Assistant position. -
Consider creating a City Administrator position combined with City
Recorder position. -
Develop a better way to have meeting minutes recorded.
Councilors discussed the recommended changes.
Citizens in attendance contributions included ensuring that new
personnel were capable and well trained, seek advice from a private sector
human resources specialist, recruit citizen volunteers, clearly post
appropriate polices and information, directions should be logical and easy
to follow, and create an effective voice mail system for elected officials
and staff.
Mayor Meyer determined there was agreement to schedule a Council
Work Session to monitor and deliberate on the many suggestions received.
C. Committee
Appointments |