Dunes City Council M I N U T E S July 12

Dunes City Council M I N U T E S July 12, 2007 – 7:00 P.M. Printable rtf file

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

COUNCILORS ABSENT: John Scott

OTHERS PRESENT: Joanne Hickey, Gary Darnielle, Teri Tinker (staff); George Burke (Planning Commission Chair), and approximately 52 citizens.

1. CALL TO ORDER

Mayor Sheldon Meyer called the meeting of the Dunes City Council to order at 7:00 p.m.

City Recorder Joanne Hickey called the roll, noted the absence of Councilor John Scott, and stated that a quorum was present.

Councilors joined in the Pledge of Allegiance.

2.CONSENT AGENDA

Mayor Meyer noted that the Consent Agenda included acceptance of the Minutes of the June 14, 2007 , meeting and authorizing payment of bills dated June 15- July 12, 2007 . He noted that the bills totaled $14,798.71 and reviewed those over $1,000.

Councilor Susie Navetta requested that action on the Minutes be removed from the Consent Agenda.

Councilor Bob Petersdorf moved, seconded by Councilor David Bellemore, to authorize payment of bills included in the Consent Agenda. The motion was adopted unanimously, 5:0.

3. RECEIPTS OF THE SESSION

Mayor Meyer reviewed information contained in a document entitled “Receipts of the Session: 6/15/07 thru 7/13/07 ,” highlighting those over $1,000, and noting that the receipts totaled $9,758.80.

4. ANNOUNCEMENTS AND INFOMATIONAL ITEMS

Mayor Meyer reviewed announcements included in the Agenda – Committee Vacancy on Site Review Committee, Art Exhibition provided by Birgitt Lyon, Annual Festival of the Lakes on August 18, and the need for Fire Fighter and Community Emergency Response Team volunteers.

5. UNSCHEDULED ITEMS

Mayor Meyer invited suggestions for amending the Minutes of the June 14, 2007, meeting.

Councilor Navetta suggested that including “George Burke, Planning Commission Chair” in the list of staff who were present was misleading. She also suggested that the Minutes return to a former practice of including a report of the number of citizens attending a meeting.

Staff member Teri Tinker stated that a record was kept of the number citizens attending meetings and would be added to minutes of future meetings.

Planning Commission Chairperson George Burke stated that he was listed as present at Council meetings because he had been asked to sit at the staff table by the Council.

Mayor Meyer said he believed it was appropriate for the presence of the Planning Commission Chairperson to be identified in minutes.

Councilor Peter Howison requested that Sentence 1 of Paragraph 7 on Page 6 of the Minutes be changed, as follows:

Councilor Howison said he had learned that an estimated purchase price of the property involved was $200,000 per person.

Councilor Howison explained that he had made the statement based on conversation he had held with a Siltcoos Lake property owner.

Mayor Meyer determined that there was no objection to the request, and the Minutes were amended.

Councilor Richard Koehler referred to a note on Page 10 of the Minutes indicating that “summary minutes” were to be prepared from that point in the meeting as a cost saving measure recommended by the City Attorney. He requested that details of the discussions held be added by a member of the City Staff whom he understood was “adept at taking minutes.”

City Recorder Joanne Hickey explained that minutes of City Council meetings were being prepared by an experienced person, that no matters of significance were being omitted, and that summaries, not verbatim accounts, of discussions were most appropriate.

Councilor Bellemore said he had previously advocated that copies of electronic recordings of meetings available through the City Recorder were an efficient tool for recording details of meeting discussions. He also said he was comfortable with written “summary minutes” that included a record of all decisions and important discussions.

Mayor Meyer said he also believed minutes should summarize discussions and actions at Council meetings, especially with the availability of video recordings.

In response to a question from Councilor Howison, Ms. Hickey explained that previous preparation of meeting minutes by an on-site staff member had been extremely time-consuming and that the current practice of using an independent contractor who worked from a video recording appeared to be more efficient.

Councilor Petersdorf requested that the spelling of his name be corrected in Paragraph 11 on Page 15 of the Minutes.

Mayor Meyer determined that there was no objection to the request, and the Minutes were amended.

Mr. Burke requested that the Minutes be changed to add reference to Council authorization of the Planning Commission to finalize arrangements related to the “weir water rights situation.” Mayor Meyer determined there was no objection to the request and asked staff to research the matter and add to the record, as needed.

Councilor Howison moved, seconded by Councilor Petersdorf, to accept the Minutes of the June 14, 2007 , meeting, as amended. The motion was adopted unanimously, 5:0.

Mayor Meyer determined that there were no requests to consider other items not listed on the Agenda.

6. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS

Mayor Meyer noted that a large number of citizens had requested opportunities to speak and said he would seek to make time for all of their contributions to be made. He asked for constraint and brevity, in light of the significant number of other items on the Agenda.

Darlene Beckman, 82159 Booth Island , reported that she wanted her remarks contained in a five-page letter dated July 11 from 26 citizens included in the written record of the meeting. She said those submitting the letter identified themselves as “Citizens for Fairness and Ethics in Government.” She began to read the letter that requested the resignation from the City Council of Peter Howison, Susie Navetta and Richard Koehler for 11 detailed allegations.

Councilor Bellemore raised a Point of Order, suggesting that the matter being presented would be better considered in a different forum. He requested that previously established time limits on citizen input at Council meetings be enforced.

Councilor Howison raised a Point of Order, asking if Councilors would be permitted to reply to allegations being made, which would completely consume the time of a meeting set aside to act on business of the City.

Councilor Petersdorf replied that Unscheduled Business on the Agenda of the meeting was designed to provide an opportunity for citizens to express their concerns and that Councilors should be allowed time to rebut any allegations made at the next regular City Council meeting. He said the Mayor was empowered to enforce time limits on presentations.

Councilor Richard Koehler suggested that a timing devise be used to limit presentations to three minutes. Mayor Meyer replied that he had been informed that the presentation by Ms. Beckman would last approximately ten minutes and that since it was being presented on behalf of a significant number of citizens, he determined that it would be in order.

Councilor Howison requested that personal attacks on individual Councilors be ruled out of order.

Councilor Petersdorf said he believed that identifying violations of laws and regulations was not a personal attack and should be permitted.

Ms. Beckman continued reading from her letter.

A copy of the letter from Ms. Beckman is attached to these Minutes as Appendix A.

Marvin Beckman, 82159 Booth Island , read a two-page letter to Mayor Meyer dated July 12 requesting the resignation from the City Council of Peter Howison. He said Councilor Howison did not work with citizens and property owners in a “fair and just manner.” He asked that the letter be included in the written record of the meeting.

A copy of the letter is attached to these Minutes as Appendix B.

Bob Petersdorf, 5273 Hill Top Drive , requested that his testimony be included in the written record of the meeting. He read a letter to Mayor Meyer dated July 12 in which he expressed his belief that the City was being run by a few individuals and subcommittees “behind closed doors.” The letter reported incidents of “slander” and “deformation” (sic) of Councilors Howison and Navetta. He suggested that a committee be formed to investigate the complaints and recommend disciplinary actions, if necessary.

A copy of the letter is attached to these Minutes as Appendix C.

Mr. Petersdorf requested that letters from Road Commission members Linda Lauck, Bill Connell, Dave Persons, and George McKenzie responding to charges about operation of the Commission made be entered into the written record of the meeting. The letters are attached to these Minutes as Appendixes D, E, F, and G.

George Burke, 4838 Lake Boulevard , read an undated letter regarding requests of staff by members of the City Council. He said that despite several attempts to formalize procedures for use of staff time, councilors continued to make requests that overburdened them without the approval of the Mayor. He charged that “micro-management and bullying” were creating conditions that could again lead to the City losing employees and/or providing grounds for legal action against the City. He proposed that a Charter amendment be developed to create the position of City Administrator and that policies regulating the ability of Councilors to directly manage staff similar to those in place in the City of Florence be adopted.

A copy of the testimony of Mr. Burke is attached to these Minutes as Appendix H.

Richard J. Anderson, 83435 Highway 101, Florence , reviewed a history of the long-term ownership of the Siltcoos Lake dam and the use of its stored water by the International Paper Corporation. He said it was well known that the company had ceased operations near Dunes City . He reported rumors of the interest of an environmental group in acquiring its water rights and removing the dam, with disastrous results for area residents.

Mr. Anderson stated that it had been reported that on at least two occasions Councilor Koehler, who served as chairperson of the City Water Quality Committee, had been approached by representatives of International Paper who expressed interest in offering the City an opportunity to purchase the water rights and dam. He said Councilor Koehler had never publicly mentioned the contacts to the Council and that a later visit by a company representative to a Council meeting had produced disappointing results.

Mr. Anderson said the reputation of Dunes City and its ability to deal with important issues such as Siltcoos Lake water were compromised by infighting and self-serving attitudes exhibited by Councilors. He illustrated his concern by describing unfair demands on staff and questionable land use actions initiated by Councilor Howison.

Mr. Anderson said Councilors Koehler and Howison should resign from their positions on the City Council.

A copy of written testimony submitted by Mr. Anderson is attached to these Minutes as Appendix I.

Norman Martin, 837350 Rio Drive , requested that his July 12 letter to Mayor Meyer be entered in the written record. He read the letter in which he expressed concern about “illegal and unethical actions” of Council members. He asked that Councilors Howison, Koehler, and Navetta be requested to resign from their positions. He stated reasons for his request.

The letter of Mr. Martin is attached to these Minutes as Appendix J.

Judy Martin, 837350 Rio Drive , read a statement that she said “review(ed) the present state of democracy in Dunes City .” She described efforts of “four recently elected councilors” to subvert the work of the Dunes City Committee for Citizen Involvement and to hold meetings from which the public was excluded.

A copy of the statement of Ms. Martin is attached to these Minutes as Appendix K.

Bob Read, 5020 Ford Way , said he was concerned about what was happening to property rights in Dunes City . He described his long experience in welcoming growth and participation in development of City land use regulations. He said recent publicity related to Woahink Lake had made him and his spouse discuss moving from the area, but that he believed “good life” could return to Dunes City in the future.

Lee Riechel, 82541 Jensen Lane, read a letter dated July 11 in which he recounted votes by City Councilors Bellemore, Howison, Koehler, and Navetta to remove and then to reinstate members of the Planning Commission without evidence of “misconduct or non-performance (of duties).” He said the action was a “clear violation” of the Dunes City Code. He said the action merited recall of the Councilors. He asked that Councilors Howison, Koehler, and Navetta resign. He asked that his letter be included in the written record of the meeting.

A copy of the letter of Mr. Riechel is attached to these Minutes as Appendix L.

David R. Davis, 83000 Jensen Lane, read a letter to the Mayor and citizens dated July 12 in which he requested the resignation of Councilor Howison because he believed he had made untrue and misleading statements “to advance his personal or political agenda . . . to render private property unusable . . .” He illustrated his contention. He requested that his letter be included in the written record of the meeting.

A copy of the letter of Mr. Davis is attached to these Minutes as Appendix M.

Mayor Meyer stated that Councilor John Scott had requested that he read a letter dated July 12 into the record of the meeting regarding the denial of an application for a Little Woahink Lake planned unit development. He read the letter in which Councilor Scott stated that the decision of the Council needed to be reversed and the findings of the Planning Commission implemented.

James R. Peck, no address provided, read a statement dated July 11 in which he described the dedication of Councilors Howison and Navetta to their duties and said they were “honorable, able and caring.” He said he firmly supported their continued service.

Gunter Bahr, 83552 Clear Lake Road , asked why no explanation had been provided for recent increases in the annual Dunes City water fee. He described his experience of reading his meter and its submission. He asked for an explanation of the basis for the increase and for of various provisions in regulations regarding it.

Ralph Farnsworth, 8337 Highway 101, expressed concerns about Dunes City being located in a tsunami prone location. He described disaster preparedness plans for the area and recommended that the Council consider establishing an emergency fund which could be used to provide assistance to local residents and provide matching funds for the construction of a kayak launching facility. He asked for assistance in determining how to add important emergency information to Dunes City municipal signs.

Christine May, 5445 Little Woahink Drive, described the admiration she and Carol Retzer had for the dedication of Councilor Navetta to improving and protecting Dunes City . She said an effort to recall any councilor would fail because they had been elected by a majority of voters. She called for commitment to the theme of the 2007 Festival of the Lakes celebration, “A Community Coming Together,” and support of the efforts of all councilors.

Peter Howison, 83243 Kendall Lane , said he was uncomfortable in his role as a public figure. He stated that he would prepare replies to each of the allegations against his positions and statements regarding Dunes City issues. He said his motives represented the views of a majority of City residents and that he was prepared to defend himself against the unneeded distraction of any effort to recall him from office. He said he was committed to promoting the quality of life in Dunes City , preserving its water quality, and maintaining property values through sound development.

7. REPORTS

A. City Attorney

City Attorney Gary Darnielle reported that, on the request of the Road Commission, he had determined that there were Lane County examples of municipalities requiring permits for road blockage. He said he was prepared to draw up a resolution to establish such a regulation for Dunes City .

Councilor Petersdorf stated that the Road Commission had prepared its own proposal for a road blockage permit and would adopt it at a forthcoming meeting.

Councilor Koehler asked what the basis was for the confidence of Councilor Petersdorf that the Road Commission would adopt the proposed permit.

Mr. Darnielle asked to be able to review and comment on the proposal prepared by the Road Commission.

Mr. Darnielle reported that he had been unable to complete the requested analysis of the 21 documents submitted by citizen Norman Martin objecting to adoption of Erosion Control Ordinance No. 193, consideration of which had been tabled at the June 14 Council meeting.

Mr. Darnielle reported that Lane County Judicial Courts appeared to have attained a more stable funding base and that there was an opportunity to further investigate establishing a municipal court in Dunes City . He said the options available included designating a Judicial Court as the Dunes City Court and establishing an independent Dunes City Municipal Court. He recommended that a Request for Proposal process be developed to determine possible costs and if there were capable organizers and personnel for an independent court, if doing so was the desire of the Council.

Mayor Meyer determined that there was agreement to request that Mr. Darnielle prepare a written report about the available options regarding the establishment of a Dunes City Municipal Court for consideration by Councilors before their next regular meeting.

B. Planning Commission

Planning Secretary Teri Tinker noted that she had submitted a written report comparing permit applications between 2002 and 2007, a document entitled “Planning Secretary Workload – 6/28/07 ,” and a memorandum dated July 6 reporting a recommendation of the Planning Commission for the Council to resubmit a proposed Stormwater Pollution Resolution to the Stormwater Subcommittee for completion. She announced that the Agenda of the next Planning Commission meeting would include consideration of applications for a variance and a use permit.

C. Mayor

Mayor Meyer reported that Dunes City had received authorization to store an additional 410 acre feet of water in Woahink Lake . He explained that final determination of its use was being studied.

D. City Recorder

Ms. Hickey reported that assurance had been received that volunteers using equipment in City activities were covered by accident and liability insurance.

Ms. Hickey asked for volunteers to study the feasibility of establishing a requirement for a municipal business license. She explained that such a regulating device was becoming common in the area and would be useful in developing an understanding of businesses operating in the City and could possibly serve as a new source of revenue.

Mayor Meyer requested that additional information be provided in the packet of Agenda support material for the next Council meeting when it would be further considered.

E. Road Commission

Councilor Petersdorf noted that Minutes of the June 18 meeting of the Road Commission had been submitted. He reviewed activities of Commission members related to the removal of a tree felled during a recent storm event.

Councilor Howison said he questioned if it was appropriate for the Road Commission to discuss a draft letter to be sent to Mayor Meyer regarding the resignation from the Council of himself and Councilor Navetta during its meeting, as reported in its Minutes.

Councilor Koehler said he believed it was also inappropriate for an e-mail communication from Councilor Navetta to the Mayor to be discussed at the Road Commission meeting, as reported in its Minutes. He suggested that those who made the communication "public", bore liability for disregarding matters of confidentiality.

F. Conservation Committee

Councilor Bellemore said he had distributed copies of a report of activities of the Conservation Committee. He described investigations by Committee members of requests to remove vegetation, his own dealings with a complaint about wood chips being distributed in protected lake shore areas, and agreement of Committee members to not question improvements made to a driveway permitted because of a “grandfather clause” in riparian area regulations. He requested that principles and infraction issues reported be considered at a later Council meeting.

G. Site Review Committee

Councilor Navetta referred to the July Report of the Site Review Committee and said she would continue to “hammer away” at the issues regarding the four identified properties until compliance was achieved.

H. Parks and Recreation/FranchiseS

No report.

I. Community Center/Committee for Citizen Involvement

Councilor Howison proposed consideration of forming a Medical Disaster Preparation Committee. He said he had discussed the need for such a group with other medically trained Dunes City residents.

Mayor Meyer stated that he approved inviting applications for appointment of persons to serve on such a committee to be considered at the next meeting of the Council.

Councilor Petersdorf said he believed the formation of such a Committee should be considered in conjunction with the Fire District, which was already involved in preparedness planning. He said he also believed its membership should consist of citizens at large and no members of the City Council.

Councilor Howison requested that time for consideration of the Stormwater Pollution Reduction Ordinance be maintained on the Agenda of the meeting. Mayor Meyer replied that he would adjust the order of Agenda items to ensure that it was considered.

J. Water Quality/Communication and Education

Councilor Koehler referred to Minutes of the June 7 meeting of the Water Quality Control Committee and announced that they were posted on the City Internet Website, which also contained links to sites relevant to municipal government, area businesses, and other government entities. He said the Committee was attempting to identify elements of Ordinances that needed to be revised in light of newly adopted water quality regulations. He said publication of a City newsletter and posting of information on the City website were intended for the education of citizens.

K. Planning Commission (Continued)

Mr. Burke reported on his efforts on behalf of the Planning Commission to complete the transfer of the weir property and water rights to the City. He explained that slow progress was being made.

Mr. Burke described meetings held regarding a landslide on a nearby Lane County road and reported that hurdles would have to be overcome before clearing and corrective actions were undertaken. Councilor Navetta explained her concern about the situation. Councilor Koehler said the Water Quality Committee had vested interest in the effects of the landslides. Councilor Bellemore reported his receipt of an e-mail message from west County Commissioner Bill Fleanor suggesting that a Lane County official would soon be in the area to investigate reconstruction of the road, not the previously suggested correction technique of seeding the affected hillside.

8. NEW BUSINESS

A. Stormwater Pollution Reduction

Gerry Curran, 5600 Shady Lane , stated that he was a member of the Stormwater Ordinance Subcommittee of the Committee for Citizen Involvement (CCI). He said members had worked on an Ordinance proposal ten hours a week for nearly two months. He described the purpose of the Stormwater Pollution Reduction Ordinance and Stormwater Manual being prepared by the Committee

Councilor Howison described processes to be followed by the CCI, Planning Commission, and City Council that would lead to adoption of the Ordinance. He asked for guidance on how the process should be managed.

Mr. Darnielle suggested that a committee be formed to consider impacts of the proposed Ordinance on the Dunes City Comprehensive Plan and existing Code. He said he believed deadline responsibilities imposed by a grant received to develop the proposal had been met by its consideration by the Council. He recommended that public notices of meetings of the committee be given that included the possibility that a quorum of the members of the Planning Commission and/or City Council might be present.

Councilors discussed the proposed Ordinance under development.

Mayor Meyer determined that there was agreement that public notice be given of a meeting of the CCI, as suggested by Mr. Darnielle, and that it be tasked with development of a proposal for an implementation strategy and management process, which would be considered for approval by the City Council.

9. OLD BUSINESS

A. Little Woahink Lake Subdivision

Mayor Meyer stated that it was 9:00 p.m. , the time set to begin a Public Hearing regarding an application for a Little Woahink Lake Subdivision. He explained that before the Hearing would be held, it was necessary to respond to a request from applicant Darren Kronberger, represented by Michael Farthing, to consider a revised subdivision plan which reduced the proposed number of development lots from 21 to 13. He said that if it was agreed to consider the request, the Public Hearing would be held.

Michael Farthing, 767 Willamette Street , Eugene , stated that he wished to withdraw the request for consideration of a revised application. He explained that the reason for withdrawing the request was that the deadline for City action on the application had been recalculated to be in October, not August.

In response to a question from Councilor Howison, Mr. Darnielle stated that the recalculation had been based on State land use regulations which set the deadline for City action to be 120 days from the date the City accepted an application as final, not the date of its initial submission. He said he believed the deadline based on that provision was October 25, 2006 .

10. PUBLIC HEARINGS

A. Little Woahink Lake Subdivision

Mayor Meyer noted that, based on the withdrawal of a request for consideration of a revised plan, the Public Hearing on the Little Woahink Lake Subdivision application would be rescheduled for an August or September meeting of the Council.

B. Conditional Use Permit – Jack and Elizabeth Mobley

Mayor Meyer opened a Public Hearing on an application for a Conditional Use Permit submitted by Jack and Elizabeth Mobley to make the loft area above a new garage being built into guest quarters with a bathroom (CUP 01-07). He reviewed Oregon Revised Statutes provisions for Public Hearings on Conditional Use applications.

Mayor Meyer asked if any Councilor had a conflict of interest or ex parte contacts regarding the application. Councilor Koehler stated that he had attended the meeting of the Planning Commission at which the application had been considered, but that he did not believe it would prejudice his ability to fairly deliberate on it. Councilor Petersdorf stated that he had conducted a site review of the property in question, but that he had not engaged in discussion about the application with any party involved. Mayor Meyer determined that no one present wished to challenge the impartiality of any Councilor regarding the application.

Ms. Tinker reviewed the Staff Report, Findings of Fact, and staff recommendation that the Council approve the application. She noted that the following Conditions for approval were recommended to be included in the approval.

(1) There will be no kitchen facilities in the proposed guesthouse.

(2) Approval based on a field visit is received from the Lane County Sanitarian for connection of the proposed addition to the existing septic system.

(3) An additional building permit is needed for the bathroom added to the loft area of the new garage.

Councilor Petersdorf said the existing gate to be used for access to the garage did not appear to have authorized access to the City street and that a driveway permit would need to be secured through the Road Commission. Mr. Burke observed that existing culverts and other improvements were evidence that previous street access had been permitted. Councilor Petersdorf said he would research the issue in the files of the Road Commission.

Mayor Meyer determined there was no one present wishing to submit testimony supporting or opposing the application, closed the Public Hearing, and invited Councilors to deliberate.

Councilor Koehler moved, seconded by Councilor Howison, to approve the application for a Conditional Use Permit submitted by Jack and Elizabeth Mobley (CUP 01-07), based on the Findings of Fact, proposed Final Order, and Staff Report, including the three recommended Conditions of Approval. The motion was adopted unanimously, 5:0.

Mayor Meyer declared a five minute recess in the meeting.

11. OLD BUSINESS (Continued)

A. Ordinance No. 193 – Erosion Control

Mayor Meyer invited Councilor Howison to review the status of proposed Ordinance N. 193, AN ORDINANCE ADDING CHAPTER 141 “EROSION CONTROL” TO TITLE XIV OF THE DUNES CITY CODEAND REPEALING SECDION 154.05 OF THE DUNES CITY CODE.

Councilor Howison referred to a draft of proposed Ordinance 193 that included changes recommended by the CCI Subcommittee, Planning Commission, and other individuals including himself. He explained that approximately one-half of the changes were editorial in nature. He reviewed proposed changes. Councilors, staff, and Planning Commission Chairperson discussed and acted on proposed changes to the draft Ordinance, as follows.

Councilor Howison moved, seconded by Councilor Koehler, to accept the recommended changes to Paragraph 1 of Section 141.001 of the proposed Ordinance. The motion was adopted, 5:0.

Councilor Koehler moved, seconded by Councilor Petersdorf, to remove Paragraph 2 of Section 141.01 of the proposed Ordinance. The motion was adopted unanimously, 5:0.

Councilor Howison moved, seconded by Councilor Koehler, to accept the recommended changes to Paragraph 3 of Section 141.001 of the proposed Ordinance. The motion was adopted, 4:1, with Councilor Petersdorf voting no.

Councilor Howison moved, seconded by Councilor Koehler, to delete definitions in Section 141.003 identified with the parenthetical phrase “Term not used in text of Ordinance.” The motion was adopted unanimously, 5:0.

Councilor Howison moved, seconded by Councilor Koehler, (1) to change the proposed wording of Sentence 1 of the definition for “development” in Section 141.003, as follows: “Any land use or manmade change ~~defined as buildings or other structures, mining, dredging, paving, filling, or excavation~~ that result in land disturbance;” (2) delete the definition of “disturbance” in Section 141.003; (3) replace the term “disturbance” with the term “land disturbance” in Section 141.004(B)(2); (4) replace the term “development” with the term “activity” in Section 141.004(B)(5); and (5) delete the term “development” in Section 141.004(B)(4). The motion was adopted unanimously, 5:0.

Councilor Howison moved, seconded by Councilor Bellemore, to delete Sections 141.004(B)(7) and 141.008(e)(2). The motion was adopted unanimously, 5:0.