Dunes City Council M I N U T E S Regular Meeting – September 13, 2007 - 7:00 P.M.
City
Hall -
COUNCILORS ABSENT:
None.
OTHERS PRESENT:
Joanne Hickey, Gary Darnielle, Teri Tinker (staff); George Burke
(Planning Commission Chair), and approximately 20 citizens.
1. CALL
TO ORDER
Mayor Sheldon Meyer called the meeting of the Dunes City City
Council to order at 7:00 p.m.
City Recorder Joanne Hickey called the roll 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 August 9, 2007, Council meeting and approval of the
Bills of the Session proposed for payment dated August 10 through
September 13, 2007.
Councilor Bob Petersdorf requested that acceptance of minutes be
removed from the Consent Agenda. Mayor
Meyer determined that the minutes would be considered immediately
following action on the Consent Agenda.
Mayor Meyer noted that the Bills of the Session totaled $9,338 .87.
He reviewed five which totaled $1,000 or more.
Councilor Petersdorf moved, seconded by Councilor David
Bellemore, to approve the Consent Agenda, containing Bills of the Session
dated August 10 through September 13.
The motion was adopted unanimously, 6:0.
Councilor Petersdorf requested that his absence noted in the
minutes of the August 9 meeting be changed to record the absence as
excused.
Councilor Susie Navetta stated that the names of several
unidentified citizens included in the minutes were misspelled or in error
and asked that they be corrected.
Mayor Meyer requested that Sentence 1 of Paragraph 8 on Page 3 of
the minutes be changed to make his comments more clearly understood.
The following is suggested:
In response to Ms. Helmuth, Mayor Meyer stated
that unless a person who had already signed up to speak during
the period set aside for citizen comment on unscheduled items was
willing to complete the reading of her statement, it would
not allow be allowed.
Mayor Meyer determined that there were no objections to the
requests and the minutes were amended.
Councilor Peter Howison moved, seconded by Councilor Navetta,
to accept the minutes of the August 9, 2007, Council meeting, as amended.
The motion was adopted unanimously, 6:0.
3. RECEIPTS
OF THE SESSION
Mayor Meyer reviewed a revised list the Receipts of the Session
dated August 10 through September 13, 2007, totaling $26,623.08.
He highlighted seven that totaled over $1,000.
4.
ANNOUNCEMENTS
Mayor
Meyer noted that volunteers were needed to serve on the Site Review
Committee, as volunteer fire fighters, and to take Community Emergency
Response Team training.
Mayor Meyer announced that water color art of Warren Davidson on
display at City Hall would continue into the month of October.
5.
GUEST SPEAKER
George Westphal stated that he was a fish biologist with the Oregon
Department of Fish and Wildlife and had been responsible for overseeing
conditions in Siltcoos, Woahink and other lakes for over twenty-years.
He explained that many research resources were available.
Councilor Bellemore requested that Mr. Westphal address the
Council, rather than the citizens present.
Councilor Howison requested that Mr. Westphal address the topic of
algae bloom in area lakes.
Planning Commission Chair George Burke said Mr. Westphal had been
invited to make a presentation because of concerns about conditions in
Siltcoos and Woahink Lakes, including algae, fish, and other matters.
City Recorder Joanne Hickey stated that the presentation had been
placed on the Agenda of the August Council meeting with the approval of
the Mayor and two councilors, not at the direction of the Planning
Commission. She explained that
it had been reassigned to the September meeting Agenda because it had not
been considered at the previously scheduled time.
Mr. Westphal reported that he had been informed that citizens had
testified at previous meetings that factual information about the
condition of area lakes should be studied before decisions were made about
proposed legislation related to them.
He recommended consideration of the Atlas of Oregon Lakes
and a publication entitled Lake Watcher.
He said they contained extensive information about studies made
about water quality and fish populations.
Mr. Westphal stated that lake water quality was affected by
stormwater run-off, sewer system pollution, water withdrawals, and outflow
requirements.
Mr. Westphal explained the average of five to eight feet of rain
that annually fell on Siltcoos Lake helped its dam maintain a consistent
depth of 12 feet. He said
natural flushing, high aquifer levels, good wind aeration, and some
sunlight helped keep the water quality good.
He also said trees and vegetation falling into the lake, a high
level of wind-blown sand particle and pollen deposits combined with warm
weather promoted the growth of algae.
He added that petroleum and other chemical pollution also
contributed.
Mr. Westphal stated that, from a biological point of view, not the
color but the oxygen level of lake water was the most important measure of
water quality. He said Woahink
Lake had consistently high oxygen levels which inhibited algae growth.
Mr. Westphal reviewed results of a recently completed two-year
study of Siltcoos Lake which showed oxygen levels varied, but were at less
than half the desirable level in areas shaded by water plant growth.
He also reviewed fish studies which showed trends toward larger
populations of young perch and the disappearance of older fish.
He said the change led to the depletion of zooplankton, which
tended to control the growth of algae.
Mr. Westphal discussed his presentation and answered questions
about fish populations, lake levels, and the influence of Siltcoos dam.
6. CITIZEN
INPUT ON UNSCHEDULED ITEMS
Mark Chandler, 4934 Lakeshore Drive, stated that he was
convinced that the natural springtime introduction of pollen into Siltcoos
Lake did not account for its recent unprecedented algae growth.
He said he had never before realized the contribution of the
changing fish population in the lake, but that he did not believe it would
be possible effectively to control its impact.
He suggested that development and adoption of ordinances intended
to control the introduction of unnatural substances that promote algae
growth should be continued. He
offered to provide a letter containing information regarding such matters
prepared by Mark Cherniak to the Council.
Mayor Meyer accepted the offer.
Tom Curtis, 83148 South Pioneer Road, said he objected to
comments published on the Dunes City Web Site that he considered to be
adolescently insensitive to persons who had suffered in a Minneapolis,
Minnesota, tragedy and described legitimate political efforts of Dunes
City residents as embarrass activities.
He requested that the remarks be removed and apologies given.
Bob Chuzas, 83451 Parkway Drive, stated that he objected to what he said
was the continued refusal of Councilors Richard Koehler and Peter Howison
to publish a letter on the City Website from the Siltcoos Lake Homeowners
Association regarding water rights owned by International Paper.
He said Mayor Meyer had previously authorized the group to
distribute the letter with the Dunes City Newsletter, but that it
had been prevented from doing so. He
said objections raised that it promoted a non-City interest and had not
been approved by the editorial committee did not appear to be equitably
applied because of the inclusion of other unaffiliated groups and
businesses.
Councilors discussed the presentations and the interaction of
Councilors with presenters.
Dick Anderson, 83435 Highway 101, said it was well
established that the growth of algae was encouraged by sunlight and high
temperatures. He said
consideration of water quality in Siltcoos Lake should factor in the above
normal experience of both in recent years.
Mr. Anderson said he had been disappointed that the Council, at its
August meeting, had not received a report from the Site Review Committee
regarding a complaint filed on July 18 about abandoned vehicles,
appliances, and trash that continue to be uncared for at the site of a
home destroyed by fire on North Pioneer Road.
He said he had ensured that the Committee Chair had received the
complaint and looked forward to a report about it later in the meeting.
Jerry Wasserburg, 84606 East Lake Drive, circulated his curriculum
vitae that he said showed his qualifications as a professional
scientist. He referred to
large volumes which he said were standard works on lake water pollution
and distributed copies of articles published by the U.S. government
regarding the effects of phosphorus on lakes.
He expressed appreciation for the Council having enacted a
phosphate control ordinance and said it would be a significant tool to use
in the control of algae growth in Siltcoos Lake.
Margaret Hammer 52153 Boy Scout Road said she was tired of
hearing how she should vote in the October 9 election to recall members of
the City Council. She said the
most objectionable publicity was promulgated by persons she said had the
most to lose financially by continuing in office Councilors who were
elected on a platform of sustainable development.
Ms. Hammett said she had been defeated in an attempt to be
re-elected to public office. She
said she had not tried to void the election of the candidate who had
unseated her, but had respected the decision of the voters.
She said she believed the current City Council had accomplished a
great deal for the quality of life in Dunes City, in spite of the
distractions of the recall election. She
suggested that promoters of the election be required to pay the expense
incurred by the City in holding it.
6. REPORTS
A. City Attorney
City Attorney Gary Darnielle reported that the owners of the Sassi-Sinclair/Shubert
property were near to completing arrangements for its sale.
He said he had been told the prospective buyers were aware of the
lien of the City on the property. He
said he would contact the buyers to offer assistance and confirm the
agreement made by the Council regarding the lien at its June meeting.
Mr. Darnielle reported that a notice of intent to appeal the
adoption of Ordinance No. 193 that
added a chapter on Erosion Control to the Dunes City Code had been filed
with the Oregon Land Use Board of Appeals (LUBA) by Norman Martin.
He said he was preparing a record of its adoption with the
cooperation of the petitioner. He
said members of the subcommittee that drafted the Ordinance would likely
be asked to contribute copies of documents used.
He said an outline of the time frame of the process had been
prepared by Planning Secretary Terry Tinker, but that an extension would
likely be requested because of the complicated and lengthy nature of the
record that was being prepared. He
said it would possibly be placed before LUBA in November or December.
Mr. Darnielle reported that he had prepared a document for
consideration by the Road Commission regarding improvements to Fish
Mill Drive. He said it had
been reviewed by the City Engineer and that he was asking for input about
it from the City Council before it was considered by the Commission.
Mr. Darnielle said he had received a letter from the office of U.S.
Congressman Peter DeFazio about complaints received from the owners of
Fish Mill Lodge regarding construction of a retaining wall and street
improvements. He said other
letters of inquiry about issues raised by the owners had also been
received from the Lane County Fire Marshall, Oregon Department of
Environmental Quality, and Siuslaw Valley Fire and Rescue.
He said he would work with the Road Commission Chair and Mayor to
prepare a comprehensive response for them all to show the position of the
City regarding the concerns.
B. Planning Commission
Ms. Tinker referred to her September 7 memorandum containing a
six-year comparison of Planning applications and to her Workload Report
dated September 17.
C. Mayor
Mayor Meyer reported that he had no new news to share from
International Paper regarding its divestment of Siltcoos Lake water
rights. He said he planned to
seek telephone contact with company officials to encourage a response to
his written communications.
Councilor Koehler said he believed it would be helpful to discuss
the concerns of the City regarding the water rights with the other
jurisdictions which also bordered the lake – Lane County and Douglas
County.
Mayor Meyer replied that the Siltcoos Lake Homeowners Association
was serving as an umbrella organization for the effort since its members
resided in all of the jurisdictions.
Councilor Koehler said he believed it would be appropriate to
invite a representative of the association to attend a meeting of the City
Council to “make public” documents related to its efforts regarding
water rights.
Councilor Bellemore said he wished to correct a mistaken opinion
published in a recent letter to the editor of the Siuslaw News
implying that he was uninterested in matters related to Siltcoos Lake
water rights. He said he
believed the City should stand ready to assist the home owner association
or any organization seeking to gain local control of the water rights and
preserve the dam creating the lake. He
said he had expressed an opinion that the City should not take the lead in
the effort, but that he supported it in every way.
Councilor Koehler said that only when information about the efforts
of the Siltcoos Lake Homeowners Association became part of the public
record, would it be appropriate to place it on the website of the City.
In addition, he said, allowing outside groups to establish links to
the website created additional work for its volunteer managers.
Mayor Meyer said he or a representative of the Siltcoos Lake
Homeowners Association would present a report on its efforts at the next
regular meeting of the Council.
D. City Recorder
Ms. Hickey
reported that the West Lane Emergency Operations Group would hold a study
meeting on September 17 that would include discussion of emergency
preparedness for areas south of the Highway 101 Siuslaw River Bridge.
She added that there would be a meeting of the Lane Preparedness
Commission on October 10 regarding planning for pandemic illness.
Mayor Meyer requested that he be able to add to his report by
expressing concern that there had been evidence of vandalism to
advertising signs related to the October 9 recall election.
He asked for public support in stopping such misguided acts.
Councilor John Scott asked for guidance about when he could
initiate further discussion of the problem.
Mayor Meyer suggested that it would likely be most appropriate
during New Business on the Agenda.
E. Road Commission
Councilor Petersdorf reported that the Road Commission had met on
August 20 and September 3 and that he was late in submitting his written
summary for inclusion in the Council meeting Agenda packets.
Councilor Petersdorf reported that a site review and findings had
been established regarding the applications for a Conditional Use Permit
and Variance to be considered later in the meeting.
He also reported that Councilor Navetta had attended the September
3 meeting and apologized for misinformation she had received and passed on
to the Council regarding Roads Inspector Keith Herring.
He said the status of road repair projects authorized by the City
Council had also been reviewed.
F. Conservation Committee
Councilor Bellemore reported that the Conservation Committee had
visited a location at which a tree was obviously in danger of falling onto
the chimney of the property owner’s residence and had given permission
for it to be cut. He also
reported that he had personally inspected a second location at which there
was a tree seriously in danger of falling on a lake access dock because of
bank erosion. He said he had
taken pictures, shared them with other members of the Committee, and it
had been agreed that permission would be given to remove the tree.
He said he had also provided information to the property owner
about State resources that could be helpful in mitigating further erosion
of the lake shore bank.
G.
Site Review Committee/Grants/Police
Councilor Navetta reported that her long-term to correct
issues related to a trailer had not been successful.
She said she had informed the property owner the previous week via
e-mail that abatement proceedings would begin if corrective measures were
not begun. She said there was
no evidence of any effort being made and recommended that the City
initiate the legal process for enforcing abatement.
Mayor Meyer affirmed that it seemed appropriate.
Councilor Navetta reported that efforts begun in February to
correct an attempt to install a septic tank without a permit had finally
been successful. She said the
system had been properly put in place and the open hole dug for it
covered.
Councilor Navetta reported that she had been informed of a
new complaint about a property that she would investigate soon.
Councilor Navetta stated that she had not been informed of
the problem related to abandoned vehicles and other trash on a property
destroyed by fire raised by Dick Anderson during the Citizen Comment
period of the meeting. She
said she would gladly investigate and take corrective action when she was
informed of the situation.
Mr. Anderson stated that he had been informed that Councilor
Navetta had been informed of the situation on July 18, acknowledged
receipt of the message by stating she had not received an attachment
related to the message, and had never picked up the record she had
requested. He said he hoped
she would follow through on the situation because it was a dangerous
attractive nuisance in the community.
Councilor Navetta said she would “try again” on the
problem raised by Mr. Anderson. She
reported that there had been no recent requests to deal with barking dogs
and that “everything else was good.”
H. Parks and Recreation/Franchises
Councilor Scott reported that there had been no meeting of the
Parks and Recreation Committee since the August.
Councilor Scott reported that he had attended a public meeting held
in Dunes City with West Lane Board of County Commissioner Bill Fleenor,
Florence Police Chief Maurie Saunders, and a representative of the Lane
County Sheriff’s Office regarding police services in Dunes City.
He said he had learned that recent County Budget cuts had led to
elimination of a large number Sheriff Deputy positions, further reducing
the ability of the Department to provide emergency response services.
He said two to three hour response time delays to Dunes City 9-1-1
calls would be likely.
Councilor Scott said discussion at the meeting had included the
suggestion that Dunes City might contract with the City of Florence for
police services, at least for emergency response services.
He said doing so would require establishment of an
Intergovernmental Agreement between the two cities.
He recommended that the Council authorize entering into official
discussions to determine what the possibilities were.
Mr. Burke said he had also attended the meeting and that he was
aware that several small cities in Lane County were contracting with the
Sheriff’s Office for full time deputy services.
He said County representatives at the meeting had urged the
formation of a Neighborhood Watch program in Dunes City, but that he did
not believe doing so would address the need for emergency response
services. He suggested that
contact with the Sheriff’s Office be pursued, if discussions with
Florence were not productive.
Councilor Scott said he did not believe Dunes City needed a 24-hour
police patrol, but that “first responder” protection was important.
Councilor Navetta said she was not aware of serious crime in Dunes
City that would require police services.
Councilor Petersdorf said police were most needed in
life-threatening situations.
Councilor Howison said he believed it would be important to
determine the cost of contracted police services before any decisions were
made.
Councilor Bellemore moved to invite a representative of the
Florence Police Department to a meeting of the Dunes City Council to
discuss options available for contracting for police emergency services.
There was no second of the motion and it was not considered.
Councilor Koehler said he believed it would be important to listen
to all points of view regarding police protection.
He said it was a new idea that he did not believe had ever before
been discussed at a Council meeting. He
said he was concerned that “going down the road” on police protection
would require “onerous” taxes on people who did not need the service.
Councilor Koehler said it was his understanding that some Dunes
City residents had called for police services for less than life
threatening situations and that a Sehiff’s Deputy had responded.
He suggested that the proposal could “open the flood gates of
possible taxation” that could “lead down the road to ruin.”
Councilor Petersdorf said Dunce City had once contracted for police
services with the Lane County Sheriff.
He described the service as minimal and expensive and said the City
had been charged for activities of the assigned deputy such as court
appearances and fire arm qualification.
Councilor Bellemore suggested that consideration be given to
establishing emergency response services for Dunes City paid for by
citizens requesting the service.
Councilor Navetta reported that approximately 12 citizens were at
the meeting about police services and that she believed if others were
interested, they should have attended.
Ms. Hickey reported that she frequently heard concerns expressed by
citizens at City Hall about the lack of police services in Dunes City.
Councilor Howison said he agreed that there was concern about the
issue. He said he believed
there was a need to determine if a significant threat to citizens existed.
Councilor Koehler suggested that a survey about citizen concern
about police services be conducted in the semi-annual Dunes City
Newsletter and that further investigation be undertaken if there was
interest.
Mayor Meyer said he favored beginning conversations with the
Florence Police to determine what opportunities were available.
Councilor Petersdorf recommended that if a dialogue took place at a
Council meeting, ample time should be scheduled for full consideration of
the topic.
Councilor Scott said he was troubled by a recent rash of vandalism
and theft of political signs in Dunes City.
He said he believed such activities were a criminal felony and an
infringement of the right of free speech.
He suggested that the City post a reward for the “identification
and apprehension” of person or persons involved.
He said it gave a “black eye” to Dunes City.
Councilor Scott moved, seconded by Councilor Petersdorf, that
Dunes City offer a $500 reward for information leading to the apprehension
and conviction of anyone destroying, defacing, or removing a political
sign legally displayed in connection with campaigns related to the October
9 election to determine if City Councilors should be recalled.
Councilor Bellemore said he believed the vandalism was a measure of
the “out of control passions” that had developed around the election.
The motion was adopted, 5:1, with Councilor Koehler voting
no.
I. Community Center/Committee for Citizen Involvement
John Stead, 83505 South Cove Way, stated that he was
Chairperson of the Committee for Citizen Involvement (CCI) subcommittee
that had developed the Stormwater Ordinance.
He said the group had completed its work on August 15 and that the
proposal was currently awaiting action by the Planning Commission before
it would be presented to the City Council.
J. Water Quality/Communications and Education
Councilor Koehler reported that the Communications
and Education Committee would evaluate the 2007 Festival of the Lakes
at its next meeting. He
expressed appreciation to citizens involved in planning and managing the
August event.
Councilor Koehler stated that the Committee would continue its
two-year effort to develop goals.
Councilor Koehler reported that the Water
Quality Committee would soon begin work on preparing and posting signs
regarding the newly adopted phosphorus ordinance.
Councilor Koehler moved, seconded by Councilor Navetta, that
the Road Commission and
Planning Commission be asked to make site reviews and requirements on all
projects currently underway for the purposes of limiting sedimentation
running into the water supply during the coming rainy season, safeguarding
the City through precaution that all erosion and sedimentation controls
are placed and in effect.
Councilor Koehler explained that the Water Quality Committee would
be monitoring water near identified sites and he would report to the City
Council in February on “all of the good work contractors are doing to
cooperate with the City’s water quality effort.”
Councilor Petersdorf raised a point of order and read from Dunes
City Rules of Procedure, as follows:
(The) Agenda shall provide City Council members a time when the
Mayor or any City Council member may bring before the Council any business
that he/she feels shall be deliberated before the Council.
These matters may not be specifically listed on the Agenda.
These matters shall not be acted upon until (they had been
presented) at the previous meeting, unless there is a compelling reason
decided upon by a unanimous vote . . .
Councilor Petersdorf said it was appropriate for Councilors to
introduce topics for consideration such as the motion, but that they could
not be voted on until the next Council meeting.
Councilor Bellemore stated that making a motion was the standard
means for raising a topic for consideration according the Roberts Rules
of Order. He said he
believed the topic of a motion could be discussed, but no action could be
taken on it.
Councilor Petersdorf said he believed it was inappropriate for one
committee to require another committee to do something.
Councilor Koehler said the Water Quality Committee had initiated
the concern expressed in the motion and was presenting it to the Council
for approval. He said he
believed it was appropriate for any committee to initiate a preventative
measure.
Councilors Koehler and Petersdorf made additional comments about
the motion and appropriate Council procedure.
Mayor Meyer noted that the time scheduled to hold a Public Hearing
had passed.
Councilor Bellemore moved, seconded by Councilor Howison,
that further discuss and the vote on the motion be tabled until the next
meeting of the Council. The
motion was adopted, 5:1, with Councilor Koehler voting no.
On the request of Councilor Navetta, Mayor Meyer declared the
meeting to be in recess for five minutes
7. PUBLIC
HEARINGS
A. Conditional Use Permit
Mayor Meyer
announced that the Council would hold a Public Hearing on an application
for a Conditional Use Permit (CUP 03-07) and Variance (VAR 01-07)
submitted by Thomas and Rosemarie Nicholson to construct a garage with
upstairs guest quarters at 5420 Leavitt Loop.
He read a script which described the procedures to be followed and
the rights and responsibilities of the applicant.
Mayor Meyer invited Councilors to declare any ex parte
contacts and conflict of interest regarding the application.
Councilor Petersdorf reported that he had participated in a site
visit of the property by the Road Commission and had discussed the
proposed plan with the applicant. He
said conditions of approval developed by the Road Commission had been
evaluated by the Planning Commission and were included in the staff report
regarding the application. He
said he had no conflict of interest regarding the applications.
Councilor Navetta reported that she had visited the property and
met with the applicants. She
said their discussion had focused on survey lines and that she had no
conflict of interest regarding the applications.
Councilor Koehler reported that he had visited the property, but
had not received new information that would bias his ability to make a
decision.
Councilor Scott reported that he had driven by the property to
verify information presented in the staff report.
Mayor Meyer determined that no one present wished to challenge the
impartiality of any Councilor regarding the applications and opened the
Public Hearing at 9:15 p.m.
Ms. Tinker referred to the Staff Report regarding the applications
and reviewed detail of the request and background it contained.
She noted that it recommended that the Council approve the
applications.
Ms. Tinker referred to the proposed Final Order regarding the
applications and read responses to criteria required by Sections
155.2.1.110, 155.2.1.220, and 155.1.1.111 of the Dunes City Code.
She noted conditions for approval it included, as follows:
1.
There will be no kitchen facilities.
2. Approval
will be received from the Lane County Sanitarian.
3. Finished
driveway grade drawing will be supplied with the building permit.
If any portion of the driveway grade exceeds ten percent,
engineering will be required.
4. A
retaining wall will be required adjacent to Leavitt Loop vegetation.
5. Applicant
is responsible for providing pole marking property line corners parallel
to Leavitt Loop.
6. If a
large tree currently on Leavitt Loop becomes a problem or “danger
tree,” it is the responsibility of the property owners to obtain a
permit and remove the tree at their own expense.
7. A culvert
under the driveway apron will be installed prior to beginning of work.
8. Construction
equipment will not destroy vegetation in the road right-or-way.
9. Vegetation
in the road right-of-way will be preserved.
The applicant will enter into a “no brush” contract with the
City and will install posts and annual permit stickers.
Mr. Darnielle stated that he did not believe that if the City
approved the Conditional Use Permit and Variance applications, the use of
the property continued to be “non-conforming” as stated in the Staff
Report. He said making the
change would not affect the Staff recommendation for approval.
Mr. Burke noted that the minimum height of the regaining wall
required in the conditions for approval should be described as four feet
in height, not three.
Councilor Petersdorf questioned whether the Staff Report analysis
that “financial loss” would incur if the applications were denied was
accurate. He said no loss
could occur until after the facility was constructed.
Thomas Nicholson, 5420 Leavitt Loop, stated that he and his
wife were the applicants for the Conditional Use Permit and Variance.
He said they appreciated the Staff Report and proposed Final Order.
He requested that the correction identified by Mr. Darnielle be
incorporated into the Staff Report. He
said they would accept all of the conditions of approval proposed.
Mr. Nicholson said the variance process was made available to deal
with unusual property configuration issues such as those that existed.
He responded to objections to the proposed variance raised by
Darlene Beckman, a member of the Planning Commission.
He said that granting a variance did not set a precedent; was
intended to accommodate topographic conditions, not extreme situations;
would affect no nearby neighbors; and that allowing location of the
proposed building two feet from the property line was mitigated by the
fact that the line was 25 feet from the street.
Mayor Meyer invited public testimony regarding the applications.
Marvin Beckman, 82159 Booth Island, read a September 9
letter of opposition to the application for the Variance from Darlene
Beckman. It contained six
reasons for her opposition and contained a request for the letter to be
included in the written record of the Hearing.
It is attached to these minutes as Appendix A.
Mayor Meyer determined there were no other requests to provide
testimony.
Mayor Meyer invited Mr. Nicholson to rebut the testimony in
opposition to the application for a Variance.
Mr. Nicholson said he believed that he had already spoken to the
issues raised by the letter of Ms. Beckman and had nothing further to add.
Mayor Meyer closed the Public Hearing at 9:45 p.m. and invited the
Council to deliberate on the applications.
Councilor Koehler asked if consideration had been given to
relocating the proposed building to farther than two feet from the
property line.
Ms. Tinker noted that any relocation of the building would make it
impinge on the location of the septic drain field of the property.
Councilor Koehler suggested that consideration be given to making
the building smaller to avoid the “massive effect” it would have on
neighboring properties.
Councilor Scott observed that the reason no opposition to the
project had come from neighbors of the property was that there were no
close-by neighbors. He said
the low elevation of the property location and the presence of ten feet
high brush between it and the road would also lessen any impact of the
proposed new construction.
Councilor Howison asked if it was likely that the existing road
would be widened at some time in the future.
Councilor Petersdorf replied that if it were made wider, the new
width would be added to the side of the road opposite the proposed
construction because of the configuration of existing vegetation and other
factors.
Councilor Howison said he objected to the map of the road that had
been submitted because it did not appear to be correct.
Mr. Nicholson said it was unlikely that the road would be widened
because most of the properties in the area were already developed and an
increase in traffic volume was unlikely.
He said its designation for one-way traffic also limited its
likelihood of being widened.
Councilor Navetta said she was concerned that the power line
providing electricity to the property would go directly over the location
of the proposed new building. She
said she was also concerned about the breakdown of natural vegetation in a
number of different places on the property due to the parking of vehicles.
Councilor Bellemore no