COUNCILORS PRESENT:    Peter Howison, Council President; David Bellemore, Richard Koehler, Susie Navetta, Bob Petersdorf, John Scott

COUNCILORS ABSENT:   Mayor Sheldon Meyer

STAFF PRESENT:   Joanne Hickey, Gary Darnielle; George Burke, Planning Commission Chair

  1.   CALL TO ORDER

        Council President Peter Howison called the meeting of the Dunes City City Council to order at 7:00 p.m.

        City Recorder Joanne Hickey called the roll, noted the absence of Mayor Sheldon Meyer, and stated that a quorum was present.

        Councilors joined in the Pledge of Allegiance.

  2.   CONSENT AGENDA

        President Howison noted that the Consent Agenda included routine matters, as follows:

A.     Approval of Minutes of March 8, 2007 , Council meeting

B.     Approval of Bills of the Session for March 9 to April 12, 2007

C.     Approval of Resolution 04-12-07 – A resolution certifying Dunes City provides four municipal services enumerated in Oregon Revised Statutes 221.769, Sect. 1

D.     Approval of Resolution 04-12-07 (A) – A resolution authorizing expenditure of unanticipated specific grant funds received from the Oregon Department of Land Conservation and Development (DLCD)

E.      Approval of Resolution 04-12-07 (B) – A resolution transferring funds from the General Operating Contingency to Planning Assistance Fund

F.      Approval of Resolution 4-12-07 (C) – A resolution transferring funds from the State Tax Street General Operating Contingency to Personal Services

G.     Appointments to Stormwater Pollution Reduction Ordinance Committee – Susie Navetta, John Stead, Debbie Pasternak, Mark Chandler, Greg Barnes, Ralph Farnsworth, Christine May and David Bellemore.

        President Howison requested that Items A and G be removed for separate consideration.  He reviewed Bills to be approved totaling more than $1,000.

        City Attorney Gary Darnielle suggested that the Resolutions included in the Consent Agenda be reviewed for substance to determine if they warrant separated consideration.

        President Howison led a discussion of the actions included in the Resolutions.

        Councilor David Bellemore moved, seconded by Councilor Susie Navetta, to approve the Consent Agenda, excluding Items A and G.  The motion was adopted unanimously, 5:0. 

        President Howison invited discussion of Consent Agenda Item A.

        President Howison requested that Sentence 1 of Paragraph 2 on Page 4 of Minutes of the March 8 meeting be changed, as follows:

                    Councilor Howison said he had been confused by the participation of Planning Commission President George Burke at the most recent meeting of the Road Commission. 

        President Howison determined that there was no objection to his request and the minutes were amended.

        Councilor Bellemore requested that Paragraph 4 on Page 10 of the Minutes be changed, as follows:

                        Councilor Bellemore reported that he had visited the property on one occasion, but had never had conversation regarding the application with the parties involved.

        President Howison determined that there was no objection to the request and the minutes were amended.

        Mr. Darnielle suggested that Paragraph 1 on Page 14 of the Minutes be changed, as follows:

                  Mayor Meyer ruled that the matter would be continued to the May Regular Meeting of the Council.

        President Howison determined that there was no objection to the suggestion and the minutes were amended.

        Councilor Navetta requested that the Minutes be corrected on Page 12 to change the name of the citizen who testified regarding Ordinance #190 from “Mark Hammer” to “Mark Chandler.”

        President Howison determined that there was no objection to the request and the minutes were amended.

        Councilor Bellemore moved, seconded by Councilor Navetta, to accept the Minutes of the March 8, 2007 , Council meeting, as amended.  The motion was adopted unanimously, 6:0.

        President Howison invited discussion of Consent Agenda Item G.

        President Howison noted that Greg Barnes, Ralph Farnsworth, and Christine May had indicated that they would not be able to serve on a Stormwater Pollution Reduction Ordinance Committee, as suggested in Consent Agenda Item G.  He said questions had also been raised about the need for three City Councilors to serve on the Committee.

        Councilors and members of the public discussed membership on the Committee.

        Councilor Bellemore moved, seconded by Councilor Navetta, to appoint David Bellemore, Mark Chandler, Debbie Pasternak, and John Stead to a Stormwater Pollution Reduction Ordinance Committee.  The motion was adopted unanimously, 5:0.

        President Howison reported that there was a request to approve payment of a $250.00 permit fee to the Oregon Water Resource Department for municipal water use and stream augmentation.  He said it had not been included in the Bills of the Session approved with the Consent Calendar.

        Councilor Scott moved, seconded by Councilor Bellemore, to authorize payment of $250 permit fee to the Oregon Water Resource Department.  The motion was adopted unanimously, 5:0.

  3.   RECEIPTS OF SESSION

        Mayor Howison reviewed recent Receipts – Liquor Tax, State Highway Tax, County and Road Partnership, Telephone Franchise Tax, PUD Franchise Tax, Permit Fees, Land Use Fees, and Grants.

  4.   ANNOUNCEMENTS AND INFORMATION ITEM

        President Howison reviewed announcements identified in the Agenda:

-         The Budget Committee will meet April 19.

-         The Site Review Committee has a vacancy.

-         The April Art Exhibit in City hall has been provided by Francine Derus.

-         The first-ever Dunes City Pot Luck is scheduled for April 1.

-         Fire fighters and Community Emergency Response Team (CERT) volunteers are needed.

-         Annual Festival of the Lakes celebration is scheduled for August 18.

  5.   GUEST SPEAKER/CITIZEN INPUT ON UNSCHEDULED ITEMS

        Darlene Beckman, 82150 Booth Island Road , stated that she had learned that International Paper was in the process of selling its water rights in Siltcoos Lake and had invited a representative to inform the Council of what was happening.

        Norb Wondra, no address provided, stated that he represented International Paper.  He confirmed that the company held water rights in Siltcoos Lake for its manufacturing processes and maintained lake water level through controlled of the dam.  He said the rights were being sold in connection with the decommissioning of its Gardner Paper Mill operation and that the company would be willing to discuss purchase of them by Dunes City.

        President Howison said he was certain that the City and lake area residents would have an interest in discussing the water rights and expressed appreciation for the heads-up being provided by International Paper.

        Councilor Richard Koehler said he wanted to know more about water rights to Siltcoos Lake and their impact on Dunes City .  Mr. Wondra stated that the usage element of the water right held by International Paper was dedicated to manufacturing, but that he did not believe the storage element was restricted in any way.

        Councilor John Scott said it was his understanding that municipal use of the water right had been eliminated in the development of the original water right purchase.

        Councilor Koehler asked if International Paper had discussed sale of the water right with others beside Dunes City .  Mr. Wondra said that such discussions had been held, but that he was not at liberty to discuss them.

        President Howison said Dunes City residents had been concerned that International Paper might not continue a commitment to maintain Siltcoos Lake levels.

        Mr. Wondra suggested that the Council designate representatives to discuss issues related to water rights with International Paper to determine how the interests of Dunes City representatives would be preserved.

        In response to questions from Councilors Scott and Bob Petersdorf, Mr. Wondra said it was difficult to estimate the value of the International Paper water right in Siltcoos Lake , but that some have suggested it to be worth $3 million.  He also said he did not believe the company would be interested in contributing the water right to the City in consideration of a tax credit.  He explained that the company held other water rights in the area, including the dam, and was initially intending to market them as a package.

        In response to a suggestion from Mr. Darnielle, President Howison determined there was agreement that the Council request the City Attorney to prepare a background report that would include options for the City to become involved in discussions with International Paper regarding its water rights to Siltcoos Lake .

        Councilor Petersdorf moved, seconded by Councilor Scott, that the Council instruct the City Attorney to inform the Oregon Water Resources Department of the Dunes City interest in water rights to Siltcoos Lake owned by International Paper.

        Councilor Navetta said she had not been impressed with Mr. Mohr, a Portland based water rights attorney previously consulted on water rights matters, and would prefer that a different approach be taken.

        Councilor Bellemore suggested that an exploratory committee be formed to make a study of Siltcoos Lake water rights issues and recommend action.

        The motion was adopted unanimously, 6:0.

        Bob Chuzas, no address provided, said he had learned that it was possible for the dam which creates Siltcoos Lake to be acquired by environmental activists with an interest in having it breached, returning the area to its pre-construction condition and draining the lake.

        David Jackson, 5465 Huckleberry Lane , described his understanding of previous actions taken by the Council regarding Siltcoos Lake water rights.  He said he believed certain members of the Council were previously aware of the intention of International Paper to sell the rights and had done nothing.  He suggested that some citizens were more knowledgeable about the issues involved than most Councilors and that they should participate in developing strategies to protect the lake.

        President Howison stated it was important that an orderly and effective process be developed to deal with the issues involved.  He said he believed all Dunes City area residents were of a single mind to protect Siltcoos Lake .

        Councilor Navetta said she had not been previously aware of the intention of International Paper to sell its water rights to Siltcoos Lake .

        Darlene Beckman, 82150 Booth Island Road , reviewed her growing understanding of the issues related to the sale of Siltcoos Lake water rights.  She said she believed it was essential for the Council to take action quickly to protect the interests of Dunes City citizens.  She said she and others present would enthusiastically participate in helping to develop plans.

        Councilor Koehler asked that the Council be informed of the process by which water rights are sold.  He said he believed it would be inappropriate for the Council to proceed regarding the matter with undue haste without full understanding of all possibilities.

        David Dahlberg, 83396 Erhart Road , stated that he had participated in previously held discussions that involved International Paper regarding Siltcoos Lake water rights.  He described agreements reached and suggested that International Paper had an obligation to Dunes City area residents for their support at that time.

        Norman Martin, 83750 Rio Drive , Florence , asked if George Reedal had been informed that removal of fence posts from his property was on the Agenda of the Meeting.  Chairperson Howison determined that he had been informed.

        Mr. Martin asked if the appointment of a Stormwater Pollution Reduction Ordinance Committee had been properly advertised.  Chairperson Howison determined that the appointment of the committee had been given proper public notice.

        Mr. Martin stated that he was concerned that appointing a Councilor as a member of the Stormwater Pollution Ordinance Committee was contrary to advice given in a letter from a representative of the Oregon Department of Land Conservation and Development he had previously submitted to the Council.

        Councilor Bellemore asked if it was accurate that councilors were not allowed to be appointed to subcommittees.  Chairperson Howison asked Mr. Darnielle to research the issue.

        Councilor Bellemore stated that he had been informed earlier in the day that a representative of International Paper would be present at the meeting to discuss selling water rights.  He said he was concerned that advocates for protecting Dunes City residents interests in Siltcoos Lake were suggesting that immediate action needed to be taken in the matter.  He said it would be impossible for the City to take any action potentially involving such a large expenditure without following time-consuming processes. 

        Councilor Bellemore said he was also concerned that members of the Council had been aware of the intention of International Paper to sell its Siltcoos Lake water rights as much as a year previously and had not brought the matter before the Council.

        President Howison observed that it was important that the Council not fractionate on a matter as potentially important as Siltcoos Lake water rights.

        Councilor Petersdorf said he was concerned that International Paper had not complied with an earlier statement of its intention to give Dunes City first right of refusal in the sale of its water rights to Siltcoos Lake .

        Councilor Petersdorf said he was also concerned that he had not been informed of the potential that issues related to Siltcoos Lake water rights were to be discussed at the Council.  He said he believed the Mayor should be asked to return from his vacation to assist in dealing with the issues.

  6.   UNFINISHED/OLD BUSINESS

        A.  Council LCOG Representative

              Councilor Petersdorf moved, seconded by Councilor Bellemore, to appoint Mayor Sheldon Meyer as the Dunes City representative on the Lane Council of Governments (LCOG) Board of Directors.  The motion was adopted unanimously, 5:0.

        B.  Little Woahink Planned United Development

              Shane Hughes, 2535-B Prairie Road , Eugene , stated he represented E.G. & R Associates, civil engineers for the Little Woahink Planned Unit Development (PUD) applicants.  He said Attorney Michael Farthing was ill and had asked him to be available to answer questions regarding the project.

              President Howison asked if it was possible to guarantee that no landslides would occur because of construction of the PUD.  He referred to a geological constraint map submitted with the application that showed Little Woahink Lake shore to be an area with potential for landslides. 

              Mr. Hughes replied that the geotechnical professional working on the project was giving assurance that a high level of protection against landslide land movements would be included in the design and construction of the PUD.  He asked that he be given permission to invite the professional to answer specific questions about geotechnical eventualities.

              Councilor Petersdorf suggested that Council should be concerned about a landslide caused by the construction of the PUD, not those that could occur through a natural phenomena such as an earthquake.

              President Howison asked if development above homes built closer to the lake would increase the danger of landslides.  He asked if lot development would result in root damage that would increase the potential of landslides.

              Councilor Navetta said her experience in seaside areas of southern California raised her concern about landslides resulting from the proposed development.

              President Howison referred to the stormwater control plan for the PUD and noted that surface infiltration trenches identified as receptacles for driveway runoff were not shown.  Mr. Hughes replied that lot specific elements were not normally included in subdivision development plans.  He said requiring that they be included could be made a condition for approval of the application.  He explained that changes recently made to regulations governing underground ejection of stormwater prohibited the use of drywells to control driveway runoff.  He said his experience was that low-lying ditches filled with vegetation provided successful stormwater control.

              President Howison asked for additional information regarding terminology used in the stormwater control plan.  Daniel Olmstead, 2535-B Prairie Road , Eugene , reviewed definitions for various length “storm events.”  He explained that a ten-year storm event was one that had a ten percent chance of happening in one year, not that it would happen every ten years.  He said specific storm event data was not available for Dunes City , but that he had designed the plan for a typical ten-year storm event in the area, double the consideration in other similar projects.  He described the operation of the proposed control plan.

              President Howison asked how nutrient runoff from lawns and gardens of homesites would be handled by the proposed system.  Mr. Olmstead replied that a significant portion of runoff from pervious surfaces would be treated by the vegetation in the buffer areas surrounding the individual properties.

              Councilor Bellemore noted that the bio-retention cells would effectively handle normal street runoff because most would result from early season, less intense storms.

              Councilor Scott asked for an explanation of the difference between a ten-year storm event and a hundred-year storm event.  Mr. Olmstead replied that the difference would be approximately twenty-five percent.

              President Howison asked for an explanation of how the planned system would deal with subsurface conditions generally described as unsuitable for septic systems.  Mr. Hughes replied that individual lots would be required to be tested to be suitable before approval for building permits were given by the County Sanitarian .

              President Howison pointed out that the Dunes City Comprehensive Plan described the property proposed for the Little Woahink PUD as possibly requiring homesites of more than one-acre.

              President Howison asked who would be responsible if it would be necessary to dredge sedimentation from Little Woahink Lake at some time in the future.  Mr. Hughes replied that the potential of such a need was beyond his ken.

              Councilor Bellemore said he believed it would be helpful to include topographic map relief lines on lots #1-11 on the site plan. 

              Councilor Bellemore said he believed requirements for vegetation to be maintained in the lakeshore setback common areas should be included in homeowner covenants and restrictions agreements to prevent slumping and landslides.

        C.  Comprehensive Plan Binding in Subdivision Applications

              Mr. Darnielle stated that the Council needed to identify policies of the Comprehensive Plan that it wished to have included in the Subdivision Ordinance and he would seek to write amendment proposals for them to be incorporated.  He suggested that Councilors form a subcommittee to begin the process.

              Councilor Navetta volunteered to serve on such a subcommittee.

              Councilor Bellemore suggested that the membership be kept small, but include representatives of the community.

              Councilor Petersdorf recommended that the subcommittee be composed of two Councilors and three citizens, chosen from persons who apply for appointment.  President Howison determined there was agreement to accept the recommendation.

        D.  Planning Commission Action Regarding Vegetation Removal

              President Howison described a situation involving the removal of a tree in a shore land area without a permit.  He said the Conservation Committee had determined that the tree was not an immediate threat to life, property, or structure and could not be removed without a permit.  He explained that, after the determination by the Committee, removal of the tree had been presented to the Planning Commission before a permit application had been submitted.  He said its removal had been approved without considering the criteria for approving such an application.  He said an appeal of the Planning Commission ruling had been filed, but became pointless when the property owner removed the tree, apparently unaware of the need to await the result of the appeal.  He invited discussion of the situation.

              Councilor Koehler stated that the Moratorium Support Committee had prepared a pictorial survey of all shoreline property on Woahink Lake on July 12, 2006 , and of shoreline property on Siltcoos Lake on October 10, 2006 .  He presented copies of data disks containing the surveys to the Planning Commission and City Recorder to use as a tool to determine if violations of vegetation removal ordinances occur.  He said at least two violations had occurred in the last month.  He said the Education and Communication Committee would use the surveys to inform citizens.

              President Howison said he raised the issue to clarify the procedure for future similar situations.  He asked the City Attorney and Planning Commission President for their reactions.

              Mr. Darnielle, President Howison, and Councilor Bellemore discussed the situation.

              Planning Commission Chairperson George Burke stated that the action of the Planning Commission had been based on a report made by Councilor Petersdorf that the tree in question was an immediate threat to the life and a structure of the property owner.  He said Councilor Petersdorf had been the traditional City designee to determine the health of trees for many years.  He said no written report had been filed with the Planning Commission and that it had acted properly.  He said the approval had also been influenced by the fact that the tree had already been prepared for felling.  He said the approval of the Commission had included a requirement that the tree be replaced by two trees of similar nature.

              President Howison said the responsibility of the Planning Commission was to act on an application for a permit to remove vegetation and that the Conservation Committee had the responsibility of determining if a tree was a threat.

              Acrimonious discussion followed.

              Councilor Bellemore moved, seconded by Councilor Navetta, to request the City Attorney to prepare a proposal for a written procedure to be followed in the investigation of danger trees.  The motion was adopted unanimously, 5:0.

        E.   Measure 37 Claim and Fence Posts in Riparian Area

              President Howison stated that the Council was asked to decide if it should revisit its decision allowing metal fence posts in a riparian area of property owned by George Reedal at 83566 Woodland Lane .  He explained that the posts had been permitted in the spring of 2006 on the recommendation of the Planning Commission until a pending Measure 37 claim was resolved.  He said the Measure 37 claim had not been filed and the question was raised as to whether the fence posts should continue to be allowed.

              Mr. Burke stated that it was his recollection that the recommendation had been made because it was judged that removing the fence posts would do more harm than allowing them to remain.

              Councilors discussed the issue.

              Councilor Navetta moved, seconded by Councilor Bellemore, to require that fence posts in the riparian area of property at 83566 Woodland Lane be cut off at their base and removed within 30 days.  The motion was adopted, 3:2, with Councilors Petersdorf and Scott voting no.

  7.   NEW BUSINESS

        A.  Applications for Appointment to Road Commission

              President Howison reported that Eric Hauptman and Bob Chuzas had applied to be appointed to the Road Commission.

              Councilor Petersdorf reported that, in his absence, the Road Commission had tabled action on a recommendation to appointment Bob Chuzas because of questions raised about whether it was appropriate since he was married to the City Recorder.

              Councilor Petersdorf read from the minutes of the most recent meeting of the Road Commission which reported that it had been decided to not recommend Eric Hauptman for appointment.  He said the Commission had suggested that the announcement of the vacancy and request for applicants be reposted.

              Councilor Navetta said she had worked closely with Mr. Hauptman on City business for more than a year and that she believed he would make valuable contributions to the Road Commission.

              Councilor Koehler said he was impressed with the resume of Mr. Hauptman and that his experience in working with him on City matters had been highly positive.  He said he was well informed regarding Code and budget matters.

              Councilor Petersdorf said he believed the Road Commission would recommend appointment of Mr. Chuzas, if the question about the appropriateness of such an appointment was resolved.

              Councilor Susie Navetta moved, seconded by Councilor Koehler, to appoint Eric Hauptman to the vacant position on the Dunes City Road Commission.

              Councilor Bellemore stated that he was familiar with Mr. Hauptman and had been impressed with his resume and commitment to City affairs, despite his occasional loudly voiced opinions.

              Councilor Scott said he preferred to make no appointment to the vacancy on the Road Commission until additional applicants were solicited.

              Councilor Koehler said he believed it would be an asset to add alternative viewpoints to deliberations City Commissions.

              Councilor Petersdorf said he believed the Road Commission already had a wide spectrum of viewpoints among its membership.

              The motion was adopted, 3:2, with Councilors Petersdorf and Scott voting no.

  8.   REPORTS

        A.  City Attorney

              Mr. Darnielle reported that the representative from International Paper, Norb Wondra, had indicated earlier that it would be positive if the Council authorized a letter indicating its interest in Siltcoos Lake water rights.

              Councilor Koehler said he was concerned that such an interest should not be expressed until it was possible for the commercial usage rights owned by International Paper could be transferred into municipal and residential usage.

              President asked what advantage there was to expressing such an interest.  Mr. Darnielle replied that doing so would encourage the company and State regulatory agencies to postpone quick action on any pending sale while the City considered its options.

              Mr. Burke pointed out that the Siltcoos Lake water storage right should be of special interest to the City.

              Councilor Bellemore suggested that it would be positive to express interest in the International Paper water rights because the City could have special entrée with the State in its awarding of such rights.

              Councilor Koehler said he agreed that it would be positive to express City interest in the matter because it would slow down anxieties that were unnecessarily growing in citizens regarding the water rights.

              President Howison determined there was consensus to authorize the City Attorney to write to International Paper expressing interest in its sale of water rights in Siltcoos Lake .

              Mr. Darnielle reported on his investigation into terminating diversion water rights for Dunes City residents who do not pay annual administrative water service fees or charges for having meters read.  He explained that State procedures limited such termination until a time decades in the future.  He said the only recourse available was to continue to demand payment, assess penalties, and place liens on properties.

              Mr. Darnielle reported that a situation discussed at the March meeting of the Council related to a retaining wall and portion of a residence being constructed within the protected lake front riparian area would come before the Council in the near future as an enforcement issue.  He recommended that caution be used in dealing with the homeowners, as they had sought to comply with all regulations, but had likely been misled by developers and construction contractors who should have been aware of restrictions.

        B.  Road Commission

              Councilor Petersdorf referred to a written report from the Road Commission.

C.     Conservation Committee

Councilor Bellemore stated that there had been no Conservation Committee activity in the last month.  He reviewed matters pending Committee consideration.

In response to a request from President Howison, Mr. Darnielle recommended that appropriate public notice be given and the property owner be informed of a need for representation at an Evidentiary Hearing to be held before the Council regarding a vegetation removal infraction on the George Reedal property.  He agreed that it would be appropriate to schedule the hearing within one to two months, as time on the Council meeting Agenda permitted.

                    D.  Site Review Committee/Grants/Police

                          Councilor Navetta reported on infraction investigations conducted by the Site Review Committee.