Dunes City Council       M I N U T E S        June 14, 2007 - 7:00 P.M.              printable rtf

Regular Meeting –

City Hall - 82877 Spruce St.
Westlake , OR 97439

COUNCILORS PRESENT:    Mayor Sheldon Meyer, David Bellemore, Peter Howison, Richard Koehler, Susie Navetta, Bob Petersdorf, John Scott

COUNCILORS ABSENT:  None

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

   1.   CALL TO ORDER

        In the absence of Mayor Sheldon Meyer, 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, reported that Mayor Sheldon would join the meeting before 9:00 , 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 accepting the Minutes of the May 10, 2007 , Council meeting; approving the payment of Bills dated May 11 to June 14, 2007 ; and appointing Christine May as new member of the Comprehensive Plan/Ordinance Committee.

         Councilor Susie Navetta requested that acceptance of the Minutes be removed from the Consent Agenda.

         Councilor John Scott requested that the appointment of Ms. May to the Comprehensive Plan/Ordinance Committee be removed from the Consent Agenda.

         Councilor Scott moved, seconded by Councilor Navetta, to approve payment of Bills identified in the Consent Agenda.  The motion was adopted unanimously, 6:0.

         Councilor Navetta requested that Birgitt Lyon be identified in Paragraph 2 on Page 4 of the Minutes as the provider of artwork displayed in City Hall.

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

         Councilor Navetta said she was confused by having notebook holes on Pages 10-11 punched on the wrong side of the page.

         Councilor Scott said words used to describe his comments in Paragraph 9 on Page 12 and in Paragraph 3 on Page 13 were accurate, but that he had not used the terms in the meeting.

         Councilor David Bellemore moved, seconded by Councilor Scott, to accept the Minutes of the May 10, 2007 , City Council meeting, as amended.  The motion was adopted unanimously, 6:0.

         Councilor Scott questioned whether Christine May had adequate experience related to municipal legal terminology that would be needed in the work of the Comprehensive Plan/Ordinance Committee.

         Councilor Navetta responded that Ms. May was an experienced writer and that the major job of the Committee would be to determine how adopted Ordinances fit into the existing City Code.

         President Howison said he agreed that persons with experience in local government would be important to the successful work of the Committee.  He encouraged additional persons to apply for appointment to the vacant membership positions remaining.

         Councilor Navetta said she believed it was important for the Comprehensive Plan to be integrated into the City Code.

         Planning Commission Chairperson George Burke said that according to the description of the powers and duties of the Planning Commission, it was responsible for making recommendations to the City Council regarding changes to the Comprehensive Plan.

         President Howison said the Committee was not asked to recommend changes to the Comprehensive Plan, but to recommend how policies it contained could best be integrated into the City Code. 

         Councilor Bob Petersdorf said it was his understanding that the Comprehensive Plan/Ordinance Committee would make recommendations for incorporating the Plan into the Code, but that they would be reviewed by the Planning Commission before being placed before the City Council.  He said it was important to emphasize that members of the Committee were not to recommend incorporation of interpretations of the Comprehensive Plan, but the Plan itself, into the Code.

         Councilor Richard Koehler suggested that the work of a group previously assigned a similar task had created Ordinance proposals without reference to the Comprehensive Plan and that the present Committee had been formed to do a “make-good” of the unfinished work of the previous group.

         President Howison said he was confident that Councilor Navetta, as the Chair of the Committee being formed, would keep the Council informed of its work.

         In response to a question from a member of the audience, President Howison gave his assurance that the recommendations of the Committee would comply with provisions of Oregon Statewide Planning Goal One related to citizen involvement.

         Councilor Navetta said public hearings were how citizens were normally involved in establishing Ordinances.  She said she did not believe recommendations regarding minor details needed the formation or involvement of a Dunes City Committee for Citizen Involvement (CCI).

         Councilor Bellemore moved, seconded by Councilor Petersdorf, to appoint Christine May to the Comprehensive Plan/Ordinance Committee.  The motion was adopted unanimously, 6:0.

         Councilor Petersdorf moved, seconded by Councilor Bellemore, to accept the Minutes of the May 10, 2007 , City Council meeting, as amended.  The motion was adopted unanimously, 6:0.  (This is the second time this action was taken.)

   3.   RECEIPTS OF THE SESSION

         President Howison reviewed information contained in a document entitled “Receipts of the Session:  05/11/07-06/14/07.”  He noted that revenues exceeded expenditures.

   4.   ANNOUNCEMENTS

         President Howison reported that there was a vacancy on the Site Review Committee and invited applications for appointment.

         Councilor Navetta explained that the Site Review Committee investigated reports of Ordinance infractions, minor and major.

         President Howison reported that the current City Hall art exhibit had been provided by Birgitt Lyon.

         President Howison announced that the annual Festival of the Lakes celebration was scheduled for August 18 and that there continued to be a need for Fire Fighters and Community Emergency Response Team (CERT) volunteers.

   5.   UNSCHEDULED ITEMS

         None.

   6.   GUEST SPEAKERS/CITIZEN INPUT

         Bob Chuzas, 83451 Parkway Drive, said he believed residents were overburdened with recently adopted City ordinances.  He recommended that more attention be given to enforcing ordinances already in place such as those requiring re-vegetation of property. 

         President Howison encouraged Mr. Chuzas to make an official report of the infractions he had noted to the Conservation Committee.

         Councilor Petersdorf said he believed it was the duty of citizens to identify Ordinance infractions and that the appropriate committee should make reports regarding them to the Council.

         Councilor Koehler stated that that he believed “stripping the land” was an infraction, not failure to re-vegetate it within a year.  He said it would be important to develop that understanding among citizens.

         Councilor Navetta said she had combined the functions of Police Commissioner and Site Review Committee and regularly made reports to the Council on investigations of identified violations.

         Councilor Koehler said his experience on a committee charged with identifying ordinance infractions showed that videotaping areas of infringements was a valuable tool that led to property owner compliance.

         George Burke, 04838 Lake Boulevard , stated that he was frequently asked to explain why he attended and contributed to discussions at meetings of the City Council.  He said that approximately eight months previously, the Council had recognized a need to have better communication with the Planning Commission and determined that he would be assigned a special advisory role.  He said he had been designated to serve as liaison because of the many hours he spent each week dealing with Ordinances in volunteer planning work for the City.  He read a description of the responsibilities and duties of the Planning Commission.  He said he would continue in the role of liaison until he was asked to stop by the Council.

         Mayor Sheldon Meyers joined the meeting at 7:25 p.m. , explained that he had been guest speaker at a meeting of his college alumni association, and assumed the role of presiding officer.

         Steve Miller, no address provided, stated that he was an attorney representing property owners in the Dunes City area.  He explained that he had been asked to discuss their concerns that members of the Council did not understand and follow Oregon Public Meeting and Records laws.  He said recent incidents appeared to have eroded public confidence in the Council.

         Councilor Howison raised a point of order.  He said he believed the time on the Agenda set aside for citizen input should not be hijacked by an outsider not identifying those he represented.  He said he also believed the three-minute limit for presentations should be enforced.

         Councilor Scott said he believed Mr. Miller had a right to address the Council as an attorney representing citizens.

         Councilor Bellemore said the guidelines for public testimony at Council meetings required that citizens give their names and addresses. 

         Councilor Howison suggested that, in light of the important and long-delayed matters on the Agenda of the meeting, Mr. Miller be asked to present a written statement for consideration of the Council at a later meeting.

         Councilor Petersdorf said citizen input guidelines provided for Councilors to receive time-limited presentations without responding.  He said time for discussion of presentations could be scheduled at a subsequent Council meeting.

         Councilor Koehler said he was concerned that the presentation of Mr. Miller would involve matters with legal consequence, rather than an explanation of the views of citizen.  He proposed that the Council be able to study the suggestions that Mr. Miller was about to make before they were presented in an open meeting.

         Mayor Meyer determined that it was appropriate for Mr. Miller to present the concerns of those he represented in a summary fashion and stated that if any further consideration of it were warranted, time would be scheduled at a future meeting.

         Mr. Miller said he was aware of Council guidelines for citizen input, thought that his position as representative of several citizens gave him standing to participate, and considered that past application of the guidelines allowed those he represented to yield their collective time for his presentation.

         Mayor Meyer asked Mr. Miller to state the concerns of the citizens he represented.

         Mr. Miller stated that, “bottom line,” he had been asked to present a request for Councilors Howison and Navetta to resign from their elected positions.

         On the request of Councilor Navetta, Mayor Meyer asked Mr. Miller to identify those whom he represented.

         Mr. Miller stated that several of his clients were present and that he would submit a written document outlining the concerns he had been asked to raise.

         Norman Martin, 83750 Rio Drive, stated that he did not believe the Public Hearing considering Ordinance No. 193 held at the May 10 Regular Meeting of the Council had been officially closed.  He asked if the City Attorney could explain if it was possible to hold the required second hearing on the adoption of an Ordinance before the first hearing was closed and if there was a set period required between a first and second hearings.

         City Attorney Gary Darnielle explained that when Council deliberation regarding the proposed Ordinance had been completed and the next Agenda topic considered, the public hearing was closed.  He said that the Dunes City Code only required that public notice be given of the intention to hold a second hearing regarding adoption of an Ordinance for it to be valid, not that a specific period of time was required to have elapsed.

         Ralph Farnsworth stated that his experience attending Council meetings led him to believe the Council considered enforcement issues significant.  He said he had also frequently heard interest in establishing a Dunes City Municipal Court to bolster enforcement.  He asked what the current status of the matter was.

         On the invitation of Mayor Meyer, Mr. Darnielle replied that recent financial turmoil faced by Lane County had affected its ability to establish a new local Justice Court .  He reported that responsible officials had expressed support for it.  He said he would report to the Council regarding it on an ongoing basis.  He said the current likelihood that the County would continue to face financial instability made immediate establishment of a new Municipal Court unlikely.

         Councilor Petersdorf said he believed the recently announced retirement of Lane County Administrator Bill Van Vactor would also affect its ability to conduct its affairs in a timely fashion.

   7.   UNFINISHED/OLD BUSINESS

         A.  Siltcoos Lake Water Rights

               Mayor Meyer reported that he had received a copy of a letter dated June 4, 2007 , from the Siltcoos Lake Association to International Paper Corporation regarding the interest of the Association in acquiring water rights and property related to the Siltcoos Lake dam owned by the Corporation.  He read the letter.  He reported that he had contacted David Jackson, who had sent the copy to him, and expressed the interest of the City in participating in discussions about Siltcoos Lake water rights.  He said he had indicated that he had been designated to represent the City in such matters and had arranged to participate in future meetings of the Association regarding it.

               In response to a question from Councilor Bellemore, Mr. Darnielle explained that associations such as the Siltcoos Lake Association were organizations that operated independently from the City.  He reported that the Siltcoos Lake Association was in the process of establishing itself as a legal entity with nonprofit status recognized by the Internal Revenue Service.  He suggested that the International Paper Corporation would likely engage in discussions with the Association only if the City gave indication that it recognized the Siltcoos Lake Association as the lead group in carrying out negotiations.

               Mayor Meyer reported that, as instructed, he had written to International Paper to state the interest of Dunes City in discussing acquisition of Siltcoos Lake water rights.  He said it seemed to him that the Association would be the most comprehensive agency to carryout the discussion, since parts of the Lake were located within its jurisdiction and other parts within the jurisdictions of Lane County , the State of Oregon , and Douglas County .

               Councilor Petersdorf said he believed Dunes City would best protect the property investments of citizens if it were able to control Siltcoos Lake and its dam.

               Councilor Howison said he had learned that an estimated purchase price of the property involved was $200,000.  He suggested that raising such funds would be most feasible if foundation and government grants were secured.  He also suggested that grant providers would likely be more favorably inclined to provide funds if the City was involved.

               Councilor Petersdorf suggested that the Council ask the Association to provide suggestions of what it should do regarding Siltcoos Lake water rights.

               Mayor Meyer said he was willing to act as the liaison of the City in discussions of the Homeowners Association and report their progress, but that he did not believe he could not commit the City to any action without the prior consent of the City Council.

B.     Lien Removal

Mayor Meyer announced that the Council would consider a request to remove City liens on Tax Lots 1200 and 1300 on Lane County Assessor’s Map 19-12-26-21.

Ira Shubert, 5279 Hilltop, introduced his sister, Gloria Smith, same address, whom he said would assist him in his presentation.

Ms. Smith read a statement recounting complaints regarding the condition of their property and the life style of its previous owners.  She described their efforts to improve its appearance and remit unpaid taxes.  She said it was their desire to move forward with its rehabilitation and to improve relations with the residents of the neighborhood.

Councilor Scott stated that when Ms. Smith and Mr. Shubert purchased the properties in a foreclosure proceeding, they should have been informed of the liens against it held by the City.  He also suggested that their efforts to improve the property with a chain link fence had not begun until a year after they had taken ownership and that until it was installed, the property was an “attractive nuisance.”

Ms. Smith replied that they had not been informed of the City lien at the time of their purchase of the property and were unaware that a fence had been required.

Councilor Petersdorf stated that the City had established liens for $5,000 on each of the tax lots.  He explained that the garage accessory structure on one of the lots was not permitted by the Dunes City Code.  He said a plan for how the illegal nature of the situation would be addressed was also needed in order to consider removal of the liens.

Mr. Shubert explained that the garage was not used and that he believed it was possible for the lots to be sold separately.  Ms. Smith added that it was difficult to proceed with sale of the property without knowing the intent of potential purchasers.

Councilor Petersdorf said the Council could not remove liens on the properties until their illegal status was corrected because sales might take years to complete.

Ms. Smith reported that parties who had expressed interest in the properties did not want to proceed with their purchase without the liens being removed.

Councilor Howison suggested that City expenses related to the properties, including the process to establish the liens should be known before consideration was given to their removal. 

Mr. Darnielle said that he and Ms. Hickey had estimated that the cost of all City efforts related to the properties was approximately $5,000.  He said the effort had been undertaken to encourage its sale, rehabilitation, and development.  He ventured that if the liens limited progress on the goals, consideration should be given to compromise.

Councilor Scott determined that the original City lien on the properties had been $49,000 and suggested that the City had already significantly reduced its claim on the property.

Councilor Petersdorf said he could support reducing the lien to $5,000, if the two tax lots were consolidated.  He said he believed that it would be difficult to sell the lots individually because of its steep terrain.

Councilor Bellemore said he believed it was in the best interest of the City to combine the lots for development and that he would support negotiations that would reduce the liens if it were done.

Mayor Meyer asked if consideration had been given to consolidating the lots.  Ms. Smith replied that the option had not been considered, but that there were parties interested in buying both lots.

Councilor Scott said he believed there would be better development of the properties if the two lots were consolidated because the garage would become a legal, usable structure and access to the other lot would be enhanced.

Councilors discussed a proposal to maintain the $5,000 lien on each property if they were sold separately, but reduce the lien to a total of $5,000 if there were a lot line adjustment combining them into a single property.

Councilor Navetta determined that the administrative and filing fee costs of removing one lien would not exceed $200.

Councilor Bellemore moved, seconded by Councilor Scott (and later on by Councilor Petersdorf), that to satisfy City liens on Tax Lots 1200 and 1300 of Lane County Assessor’s Map 19-12-26-21, the property owners will be required to pay $5,000 per lot, with the understanding that if the lots are combined, the total payment will be $5,000, but if the lots are continued separate, the total payment will be $5,000 for each lot; and that the property owners have 90 days to confirm their intentions regarding consolidation of the lots.  The motion was adopted unanimously, 6:0.

         C.  Fish Mill Drive

               Councilor Howison said he had discussed with Mr. Darnielle whether it would be appropriate for him to intervene in issues related to the improvement of Fish Mill Drive .  He read sections of the minutes of the May 10 Council meeting, which stated that an impasse had developed whereby property owner Judy Bedsole refused to hold the City blameless for damage that might be done to vegetation on her property during the reconstruction process and that it became impossible to proceed with the improvement project.  He also noted that, at the same meeting, the Council had accepted the offer of a neighbor to transfer ownership of a portion of property that included a section of the Fish Mill Drive roadway, stormwater system, and a retaining wall to the City at no cost.

               Councilor Howison reported that he had developed a proposal for a compromise agreement that was acceptable to Ms. Bedsole, as follows:

-         Road construction would be delimited to a five-foot distance from trees on the Bledsoe property, as recommended by the Oregon State University Lane County Extension Service.

-         An 18-foot wide road would be constructed around a corner identified by Ms. Bedsole, as already proposed.

-         Ms. Bedsole would hold the City blameless for damage to trees on her property that might result from road construction.

               Councilor Howison said the agreement addressed the water drainage concern of the City, would improve traffic movement around the corner, and protect the trees –improving their ability to prevent soil erosion. 

               Councilor Howison reported that City Engineer Michael McAllister had recommended that he be allowed to evaluate the roadway plans to ensure that the proposal was feasible.  He said it would be necessary to determined if changes to the plan affected its construction cost, after which it would be submitted to the Road Commission to make a recommendation regarding its approval to the City Council.

               Councilor Petersdorf asked who would pay for the expense of having the City Engineer inspect the site and evaluate the proposed remedy.  Councilor Howison replied that he had been willing to pay the expense himself, but that he had been assured by Mr. Darnielle that it had been within his authority to request the evaluation.  He said, in hindsight, he believed he should have also discussed the matter with Councilor Petersdorf as Road Commissioner, and with Mayor Meyer.

               Councilor Scott asked how the proposed compromise would affect neighboring property.  Councilor Howison replied that he believed the proposal would affect only City property, if the neighbor followed through with the offer of deeding a portion of his property to the City.

               Councilor Scott said he was concerned about the proposed compromise because it was his understanding that the Council had agreed not to proceed with the road improvement until Ms. Bedsole agreed to hold the City blameless for any damage to trees on her property.  He said he believed the Council’s unanimous agreement to accept the donation of the neighboring property closed its consideration of the matter.  He said he was troubled by the independent actions of Councilor Howison and suggested he had acted inappropriately.

               Councilor Howison said he did not believe the understanding of Councilor Scott of what had happened at the May 10 Council meeting was reflected in its Minutes.

               Councilor Scott replied that it was his recollection that an unstated agreement had been reached that there would be no further action on Fish Mill Drive reconstruction until Ms. Bedsole agreed to waive City liability for any damage done to trees on her property during the project.

               Councilor Bellemore said his recollection coincided with that of Councilor Scott and that the reaction of Ms. Bedsole was “something to the effect” that “I guess we’re going to get a lawyer.”

               Councilor Petersdorf read a portion of Section B.3 of City Council Procedures and Rules regarding the impropriety of an elected official participating in a discussion in which that official had a financial interest.  He said he believed the willingness of Councilor Howison to pay for the expense of hiring the City Engineer to evaluate his proposed compromise regarding reconstruction of Fish Mill Drive made him biased in its consideration by the Council.

               Councilor Koehler said he admired Councilor Howison for his effort to save the City money by seeking to avoid the expense of protracted litigation.

*  *  *  Summary minutes from this point forward *  *  *

*  *  *  Cost saving recommended by City Attorney  *  *  *

               Councilors discussed their opinions about the proposed compromise.  Mr. Burke reported his understanding of its impact on his property and his unwillingness to give up additional property for improvement of the roadway.

               Councilor Howison moved, seconded by Councilor Koehler, that the City Council direct the City Engineer to review current drawings of the Fish Mill Alley and Lake Boulevard Road improvement proposal to incorporate an eighteen-foot corner road and a five-foot clearance of the trees on the east side of Fish Mill Alley; if engineering such measurements are possible, our engineer could be instructed to proceed with an updated estimate, but prior to that it should go to the Road Commission for a recommendation to the City Council.

               Councilors discussed the motion and proposed compromise.  Mr. Darnielle suggested that the City Engineer be paid from the General Fund for City work done in good faith rather than Road Funds.

               Councilor Howison withdrew his motion.  Councilor Koehler withdrew his second of the motion.

               Councilor Howison moved, seconded by Councilor Petersdorf, that the City Council direct the Road Commission to review current drawings of the Fish Mill Alley and Lake Boulevard Road improvement proposal to incorporate an eighteen-foot corner road and a five-foot clearance of the trees on the east side of Fish Mill Alley and to contact the City Engineer to determine if such changes were feasible.

               Councilors discussed the motion.

               The motion was adopted, 5:1, with Councilor Scott voting no.

            D.  Re-Vegetation Invoice

                  Councilors discussed an informal agreement reached at the May 10 meeting in which staff was asked to secure an accurate bill for re-vegetation of property owned by David and Kim Esrig, eliminating expenses for bark and labor, and to seek informal consensus to pay it from Councilors before the next meeting. 

                  Ms. Hickey reported that she had secured a revised total for the bill, communicated it to members of the Council via e-mail, and had been instructed to delay paying it until it was further discussed at the current meeting.  She said it was her understanding that the Conservation Committee intended to examine the re-vegetated property and determine if the cost to be paid by the City was appropriate.

                  Councilor Howison moved to authorize payment of a revised bill for re-vegetation costs as submitted by David and Kim Esrig, not including the purchase of bark and the labor for its application.

                  The motion appeared not to be recognized.

                  Councilor Scott moved, seconded by Councilor Howison, to authorize payment of a revised bill for re-vegetation costs a submitted by David and Kim Esrig, not to exceed $1,000, and excluding the purchase of bark and the labor for its application.  The motion was adopted unanimously, 6:0.

7.      NEW BUSINESS

A.  Resolution 06-14-07 – Adopting the Budget

      Mayor Meyer announced that the Council would consider Resolution 06-14-17 , A RESOLUTION ADOPTING THE 2007-08 FISCAL YEAR BUDGET AND MAKING APPROPRIATIONS.

      Budget Committee Chairperson Bob Read, 05020 Ford Way , presented the Budget and expressed concern that a recent downturn in City revenues suggested that anticipated expenditures could exceed revenue.  He discussed the importance of restricting expenses. 

      Councilor Scott moved, seconded by Councilor Petersdorf, to adopt Resolution No. 06-14-07 , as presented.

      Councilors discussed the Budget and its preparation.

      The motion was adopted unanimously, 6:0.

         B.     Resolution 06-14-07 (A) – Water Right Administrative Fee     

         Mayor Meyer announced that the Council would consider Resolution 06-14-17 (A),     A RESOLUTION AMENDING THE ANNUAL ADMINISTRATIVE FEE FOR WATER RIGHT PERMIT HOLDERS.

         Councilor Petersdorf moved, seconded by Councilor Howison to adopt Resolution 06-14-17 (A), as presented.

         Councilors discussed the proposed annual fees set by the Resolution.                                                           The motion was adopted unanimously, 6:0.

         Mayor Meyer tabled consideration of Proposed New Ordinances, Reports, and holding an Evidentiary Hearing until after Public Hearings scheduled to begin at 9:00 p.m. were completed.  He declared the Council meeting to be in recess at 8:55 p.m.

   8.   PUBLIC HEARINGS

         Mayor Meyer reconvened the meeting.

         A.  Little Woahink Lake Planned Unit Development

               Mayor Meyer reopened a recessed Public Hearing on applications for Little Woahink Lake planned unit development, Preliminary Subdivision, and concurrent zone change, Lane County Assessor’s Map No. 19-12-11-4, Tax Lot 100 (PUD/ZON 01-06).  He said the applicants were Darren and Alisa Kronberger, doing business as MJK, LLC, and that they were represented by Michael Farthing.

               Mr. Darnielle referred to a document entitled “Findings of Fact and Decision in Support of Planned Unit Development, Subdivision and Zone Change Applications for Little Woahink Lake PUD,” with attachments.  He explained the procedure for consideration of the applications and said if the Council was unable to approve the application as presented, it would need to offer different findings of fact and instruct that the document be re-written.

               Michael Farthing, 767 Willamette Street , Eugene , introduced Shane Hughes, engineer for the project, and Gunnar Schlieder, geo-technical consultant for the project.  He said he believed the applicants had made their final submissions and reviewed additions and changes made to meet concerns raised during its previous consideration by the Council.

               Mayor Meyer closed the Public Hearing and invited Councilors to deliberate on the applications.

               Councilor Howison observed that the complicated nature of the applications led him to discuss issues he considered significant.  He referred to the geological constraint map submitted and reviewed concerns previously raised about soil erosion.  He referred to the geologic hazards map submitted and reviewed concerns previously raised about soil erosion.  He also raised concerns about the proposed subsurface sewage system, the unsuitability of the soils at the development site, and other issues identified in submitted reports and relevant studies.  He stated that the proposed development conflicted with various health and safety Dunes City Ordinances.  He concluded that the application did not satisfy the concerns he had raised.

               Councilor Navetta asked who the owner of the dam on Little Woahink Lake was.  Mr. Farthing replied that the issue was being contested with State authorities, but that his clients believed they had legal ownership. 

               Councilor Navetta said she believed that not having the issue of lake ownership resolved was a concern in her consideration of the applications.  She said she disputed findings of fact, which purported that the proposed development did not contain any “panhandle lots.”  She said she did not believe it was appropriate that water supply storage for the PUD was to be located outside the property designated for the development.  She expressed concern that fire hydrants would be not be installed.  She said she shared the concerns raised by Councilor Howison regarding issues of health and safety and soil suitability.

               Councilor Scott commended the application and said he believed the concerns raised by Councilors had been fully addressed.  He reviewed issues raised and how they were proposed to be resolved.                                      

               Councilor Navetta said she was concerned about issues raised by the proposed Covenants, Conditions Restrictions, and Easements for the development related to zoning, parking, and composting.

               Councilor Koehler said he was concerned that area water quality could be affected by the unsuitability of soils and that an earthquake fault was in the proposed PUD site.