1. Council Interview and Selection of Vacant Council Position

All Councilors were present. Mayor Sheldon Meyer was not present and Council President Judy Martin conducted the meeting. Martin began the selection process of the vacant Council position at 5:45 p.m. Applicants for the vacant council position were Johan Hogervorst, George Burke, Eric Hauptman, and Ed Scarberry.

ACTION: P. Howison made a motion that all four candidates participate in the interview together. B. Petersdorf seconded the motion. There were 5 ayes, 0 nays, 1 vacant. Motion carried.

Each candidate was asked questions by each Councilor. Each candidate gave a prepared statement as requested by the Council. The selection interview process concluded at 7 p.m.

2. CALL TO ORDER, ROLL CALL AND PLEDGE OF ALLIGIANCE

Council President Judy Martin called the meeting to order at 7:00 p.m.

PRESENT: Councilors, J. Scott, P. Howison, Judy Martin, D. Robinson, and R. Petersdorf.

ALSO PRESENT: J. Hickey, City Recorder; Gary Darnielle, City Attorney; Teri Tinker, Planning Secretary; Christy Lewis, Recording Secretary; LCAN; Denise Ruttan, Siuslaw News; and approximately 70 citizens from the community.

3. Consent Agenda

All items listed here are considered to be routine by the Dunes City Council and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately.

 

A. Approval of Minutes: December 8, 2005 and January 12, 2006

B. Bills of the Session: January 13, 2006 to February 9, 2006 totaling $18,793.65

J. Martin asked for corrections on page 8 (change Joe Watts to Jared Watts) and page 11, first paragraph, #2 (insert it: "Approve the application if it can be conditioned….") and #3 (change can to cannot). Martin asked that in the Bills of the Session, the $495 bill from Campbell Productions be removed, changing the bill total to $18,298.65.

ACTION: D. Robinson made a motion to approve the Consent Agenda with changes as noted above. J. Scott seconded the motion. There were 5 ayes, 0 nays. Motion carried.

4. Receipts of the Session (informational only)

 

The receipts of the session for January 13, 2006 to February 9, 2006 totaled $85,966.75.

5. Vacant City Council Position

 

Appointment of City Councilor and the Oath of Office.

 

ACTION: P. Howison made a motion to appoint Johan Hogervorst to the City Council position left vacant by Sheldon Meyer. D. Robinson seconded the motion.

Discussion: Petersdorf, who had previously objected to several citizens calling his home the week before the meeting to solicit the appointment of Hogervorst, said that at the break Hogervorst told him that he had not asked anyone to solicit his appointment to the City Council. Petersdorf also said that he felt that George Burke was an asset to the Planning Commission and would like to see him remain in that position.

There was a call for the vote.

There was a roll call vote: Scott, Howison, Martin, Robinson, and Petersdorf –Aye, vote was unanimous. Motion carried.

Council President Judy Martin administered the Oath of Office to newly appointed City Councilor Johan Hogervorst.

 

6. Announcements and Informational Items

 

A. Committee Vacancy: Budget Committee.

B. Art Exhibition: Bernie Herr for the months of January and February.

C. Volunteer Fire Fighters and CERT Trainees needed for Dunes City.

D. Martin announced that phone calls to the City Attorney would only be received by Committee Chairs, Mayor or staff. All other calls will be refused.

7. Guest Speakers/Citizen Input on Unscheduled Items

A. Michael Mader – Subject: Tenmile Lake

Mader talked to the issues that Lakeside has with water quality. A few weeks ago, Mader met with representatives of Dunes City and was asked to present his information at the meeting. Mader said 10 years ago, Lakeside had no natural resource ordinances. They now have a steep slope ordinance that includes steep slopes, erosion and drainage plans. Mader says Lakeside works towards voluntary compliance, since any development prior to 1974 cannot be affected by the natural resource ordinance. Lakeside has developed a planning check off that lists requirements to make the process easy to understand. Mader said that development can occur while still protecting the lake. Mader commented that even with the ordinances, without a tax base to hire someone to monitor and enforce the regulations, the City is better off using voluntary compliance. Councilor Scott told Mader about the City’s Draft Septic Maintenance Ordinance. Mader said that it sounds fantastic, but would be concerned about conflicting interests between inspectors, installers and the pumping service. Mader also suggested staff chasing down grant money for those citizens needing help updating their system. Hogervorst asked how voluntary compliance is working for Mader. Mader said fantastic, based on the way violators are approached (i.e. offering grass seed, showing how it should be done). There was some discussion about slope requirements and wetland setbacks. Mader suggested that the issues that were most destructive to lakes is the introduction of non-native fish into the lake, channeled streams that result in an increase of erosion entering the lake, and keeping vegetation in ditches to filter out any erosion from entering into the lake. Joanne Hickey asked about funding sources. Mader admitted that the City derives much of their budget from their sewage treatment plant. In Lakeside, "Balding and Grading Permits Are Required" signs are visible upon entering the city limits. Mader suggested getting lists from the City’s Water Quality Committee and citizen’s groups to list priorities, then go out and chase down some grant money.

There was a question and answer session from the audience.

B. Holly Martin, Attorney for the Wasserburgs. H. Martin announced that she was the reported individual who had contracted Cryptosporidium from drinking water sourced from Woahink Lake. H. Martin handed out a letter addressed to Howison, Meyer, and the Dunes City Council regarding Revisions to the Dunes City Code. See next two pages for handout.

 

 

H. Martin also requested that the Reedal fence issue be placed on the March City Council meeting agenda, since the fence posts are still in the riparian area.

C. Clay Baumeister, PO Box 823, Florence, Oregon 97439. Baumeister said he built his house in 1975, and at that time had a water right for residential family and did not need to put in a meter. Baumeister questioned, "Who controls the lake water, Dunes City or the State?" Baumeister said that septic maintenance is a good idea, but cautioned that a septic system should not be touched until it fouls. Councilor Martin answered that the State of Oregon controls the water. Councilor Scott explained the Draft Septic Maintenance Ordinances which would require inspection and/or pumping of every system in Dunes City.

D. Rick Watts, 4683 Pacific Avenue, Westlake, OR 97493. Watts reported to the City Council that he is not finished cleaning up the property since he has ran out of money. Watts’ phone number is 997-8327. Watts requested a extension of the clean-up.

E. Duane Sassi-Sinclair, 5279 Hilltop Drive, Florence OR 97439. Sassi-Sinclair said he is in the process of selling his property and found that there is a lien on his property that was filed by the City; mail has not been received by him, since he found out that a houseguest of his had been stealing mail at the time that the City may have sent correspondence. Sassi-Sinclair said he has never lived in the RV, but lives in an efficiency apartment located in the garage. During January/February of last year, Sassi-Sinclair said he was in the hospital and was unable to respond to the City’s abatement letters. Martin asked that Sassi-Sinclair provide something in writing that would provide the dates that he was in the hospital, allowing the City to see if those dates corresponded to the dates of the mailings. Sassi-Sinclair said he would provide something in writing. Darnielle said the City Council may want to authorize the Site Review Committee as a fact finding group for the City.

 

8. Unfinished/Old Business

A. Resolution 02-09-06, a resolution amending Resolution No. 01-15-04 by changing the composition and term of office of the Water Quality Control Committee and addressing vacancies, presiding members and removal of committee members.

Scott said that the changes in the committee would make it more in line with the other City committees. Howison said that when people who showed up at the meetings thought they couldn’t vote, they lost enthusiasm. Hickey explained the need to amend the original resolution to make the committee official. Darnielle asked why appoint members if anyone who shows up can vote?

ACTION: J. Martin made a motion to send the resolution back to the Water Quality Control Committee for modification. J. Scott seconded the motion. There were 5 ayes, 0 nays. Motion carried.

Scott said the Water Quality Control Committee will work on the Draft Septic Maintenance Ordinance. Hickey said the Committee needs to be clear on how to implement the ordinance. Hickey said there needs to be a newspaper article on the Septic Maintenance Ordinance. Martin asked that the first reading of the ordinance be at the March City Council meeting.

 

 

9. New Business - (New matters, in absences of a compelling reason, may be set over to a subsequent meeting.)

A. Dunes City Land Use Code Revision: Recommended changes from

the CCI to the City Council.

Lee Riechel said that the recommendations came in motion form instead of incorporated into the draft revision. Riechel said the Planning Commission could not make a recommendation to the City Council until they have the final draft put together. Riechel commented that some of the changes are not edited changes, but concepts. Martin said she was prepared to make the changes prior to the Planning Commission meeting and expected to see Findings of Fact. Darnielle said that it was very confusing to have a draft that addresses the changes only. Riechel said the revision is a 100% change to a new format, so there was no way to make a red line version. Robinson suggested taking the Planning Commission’s recommended document and red lining the CCI recommendations within that document. Darnielle suggested that the Council direct the changes be inserted in the appropriate places, as Robinson suggested, that way people could recommend "A" or "B" at the Planning Commission’s Public Hearing.

Martin asked when the CCI will be finished (terminated). Darnielle said the Council can ask the CCI how much time they need, then the Council can decide yes or no. Howison said Riechel had asked the CCI to work on the design and development clause, but other individuals have additional issues. Martin said she did not think they could bring up issues forever.

Martin addressed solar access by saying that she doesn’t know the specifics (no definition)…the CCI did not address mobile home parks or PUDs, plus it is flawed the way it is written. Martin said "it requires every application for building or enlargement to address a solar access and to locate that building so that the house to the north of you has solar access, even if there is a house there…and if you have a row of houses you are going to have to shift everything to the south of the property…and what have you accomplished." Martin said it really needs to be looked at carefully before being put back in. Martin suggested putting back in the permit to allow for people to apply for the permit and have a procedure, as a starting point. Howison said it is important for developers to look at energy, since it is an important issue. Howison said if a person has a permit for solar access, it becomes important if a property has trees that grow up in front of that access to trim the trees. Petersdorf said the existing code for solar access is a good one. Howison started addressing each motion of the CCI.

Howison proposed that the CCI recommendations be placed in the draft, take it as a recommendation from the CCI through the planning commission and pass everything as a draft, as opposed to voting on each individual motion that night. Howison said people should submit the amendments beforehand, so that they may be reviewed before the vote. Martin said there was no way the recommendations could be put into the document by the Planning Commission’s meeting the next Thursday. Howison said he would be willing to meet with Martin and help go over the document. Martin said decisions needed to be made that night on Type III and IV decisions, because without that, it would require that the whole document be rewritten. Howison questioned Lee Riechel about an early conversation he had with Riechel concerning Type I decisions, which needs to be addressed. Martin referred to a resolution concerning Type III and IV decisions as prepared by John Stead (included in the CCI Recommendations). Martin suggested Stead’s resolution be changed as follows (following his format):

Whereas, there has been an excessive turnover on the Planning Commission since 2002, all of the members of the Planning Commission in 2002, with the exception of Lee, having resigned in a matter of months and three of the replacements, Duane Thompson, Fred Hilden and Richard Anderson having also resigned, and John Scott joining the Planning Commission in 2004 is now on the Council, and Bud Maxwell starting on the Planning Commission in 2004 having also resigned, leaving Les Zemlicka and Lee as some of the older members, now joined by Navetta, Burke and Shearer, who is newly appointed, 12 people in four positions in the last four years; and

Whereas, there is more stability on the City Council and twelve heads are better than five;

Therefore, at the April 14, 2005 regular Council meeting, the City Council voted unanimously to have Type III and Type IV land use decisions reviewed by the Planning Commission, but come before the City Council for final decision. This vote rescinded the decision of February 12, 2004.

Martin said she would agree to the Planning Commission making the decision, with the City Council being at the appeal level, but given the turnover on the Planning Commission, she thought it best to continue the way it is currently done. Petersdorf agreed with Martin, saying it is the City Council that is appointed to follow through on the rules and regulations and it is the City Council who should take the heat for any decisions. Martin said another consideration is that there is no back-up for the Planning Secretary in the event of having to place another person into the position; the City starts all over again, since there is no time allowed for cross-training with other positions. Martin said that in time, if there were more money and more staff, the situation would change to allow the Planning Commission to make the final decisions. Scott and Howison agreed.

ACTION: P. Howison made a motion to change the reference of the Planning Commission to the City Council for decisions for Type III and IV. B. Peterdorf seconded the motion. Vote was unanimous. Motion carried.

There was a discussion as to the necessity of voting to change items in the draft. Hogervorst asked whose responsibility is it to work on the draft. Martin said she is doing the corrections, but Howison said the original CCI put the draft together using the base of the Model Cities document and taking Dunes City’s two chapters and combining them into one. Howison said the document doesn’t need to be finalized in the first hearing; that it could be changed along the way. Howison and Martin had a debate about PUDs and whether to address concerns decreasing the density or making them follow the procedure for a subdivision.

ACTION: P. Howison made a motion to incorporate the CCI amended motions from the Planning Commission into the draft and take care of the decisions at the Public Hearing, except to change the recommendation of Type III and IV decisions which are to be made at the City Council level. J. Hogervorst seconded the motion. There was agreement by consensus. Motion carried.

Discussion: Hogervorst said Howison offered to help Martin with the preparation of the revised draft. Martin said she did not know how Howison could help, since he would be interpreting what was in writing. Holly Martin suggested that the only document to be under review at the scheduled public hearing only be that which was sent to DLCD for review; then in a subsequent public hearing, review the amendments.

 

Meeting recessed at 9:35 and resumed at 9:45 p.m. The Public Hearing portion of the agenda began. The remainder of the agenda was revisited after the conclusion of the Public Hearing.

B. Ordinance No. 180, an ordinance concerning building regulations:

Amending Ordinance No. 160 and Chapter 151 of the Code of

Dunes City. First reading.

ACTION: B. Petersdorf made a motion to have the first reading of Ordinance 180, an ordinance concerning building regulations: Amending Ordinance No. 160 and Chapter 151 of the Code of Dunes City, by title only. J. Scott seconded the motion. Vote was unanimous. Motion carried.

Martin read the title of Ordinance No. 180.

 

C. Consequences for failure to comply with the Woahink

Water Right Agreement (non-payment of administrative fee

and/or failure to report meter reading).

Darnielle will do some research and report back to the City Council.

 

10. Reports

A. Report by City Attorney - G. Darnielle

B. Road Commission – Road Report - R. Petersdorf

C. Parks & Recreation/Conservation Committee - D. Robinson

D. Site Review Committee - J. Martin

E. Police Comm./Fire Dept/Water – WQCC Report - J. Scott

1) Moratorium: Update and set date for special

meeting for Public Hearing

 

Scott wanted to know if the City has enough information to go forward with the moratorium. Mark Chandler said the document would be ready for presentation at the March City Council meeting. Darnielle suggested having a special meeting for a Public Hearing. It was decided to have that Public Hearing on March 2^nd at 6:00 p.m.

 

F. Community Center - P. Howison

G. Grants/Franchises/Licenses - Vacant

H. Mayor’s Report - S. Meyer

I. Planning Report - T. Tinker

 

 

11. Public Hearing – will begin at 9:30 PM regardless of the progress of previous items on the agenda.

A. Sunset Cove – Planned Unit Development (PUD 02-05) and

Zone Change (ZON 02-05), Tax Map 19-12-23-31, Lots # 3400

and 3500, and Tax Map 19-12-23-33, Lot 1500 – 16.706 acres.

Continuance from the January City Council meeting:

Public Hearing Closed, Council deliberations and final decision.

Council President Martin said that at last month’s City Council Meeting a motion to deny the PUD failed; therefore, Martin wanted to proceed with approval of the PUD with conditions.

Attorney Holly Martin challenged Councilor Petersdorf for bias. H. Martin said the bias became apparent during the interview of the council position when Petersdorf was philosophizing on the approval of subdivisions which led H. Martin to believe that there is not a subdivision that Petersdorf would not approve. H. Martin went on to repeat what Petersdorf had said about people who has held properties for sixty to eighty years and there a flux that allows them to subdivide, "why shouldn’t they be able to subdivide their land." H. Martin said that statement makes a predisposition to simply approve every subdivision that comes before the Council because people have an inert right to subdivide their land whether or not a subdivision should be approved under rules, regulations and ordinance of Dunes City.

Petersdorf said he had no bias on making a decision on that application. Petersdorf said the comment was taken out of context, "because if you have a piece of land and you go in and subdivide, you meet all the criteria, and you do everything you are supposed to do, why can’t they subdivide it."

The Council went through all items of conditions in the Findings of Fact as follows:

1. No objections.

2. Okay. Staff was not aware of the Master Road Plan which needs to be quoted. A modification for the width of the easement can be granted by the Road Commission.

3. Go with the condition on page four of the Findings of Fact.

4. Okay.

5. Topographical conditions exist that won’t allow a 7% grade. Robinson said the grade is close to 20% at one point. Robinson further said that 7% is a low grade, but to go to 20% is too much, since when you cut the grade or remove too much, it would cause erosion into the lake. It was decided that there was not enough information to make a decision, and that an engineering report would be needed. It was discussed that the Council could deny the application or the applicant could ask for a time extension in order to bring the application back after the needed information is provided. Darnielle, who was approached by the applicant, said they applicant had offered to waive the 120-day requirement. It was decided that the applicant would provide an engineering report showing the slope of the road and why the topographical condition will not allow a grade of less than 7%.

6. Okay.

7. All Councilors agreed that an engineered Stormwater Drainage Plan would be required before granting tentative plan approval.

8. Robinson would like the applicant to provide the topographical contour lines with the building envelope and drainfield siting maps. Robinson required an Engineering Geologist Report for lots over 16% slope prior to tentative plan approval.

9. through 17. Okay.

Please see Conditions as appears below:

 

 

 

 

 

 

 

 

Martin restated that conditions 5, 7 and 8 would be required before a decision could be made.

Della Robinson left at 11:09 p.m.

ACTION: J. Martin made a motion to reopen the record to public testimony for the new issues strictly addressed that night and required for the May City Council Meeting. The applicant will be given 60 days to provide the required information as stated above. The information shall be available at the April 13^th City Council Meeting for public viewing. P. Howison seconded the motion. There were 5 ayes, 0 nays, Robinson absent. Motion carried.

ACTION: B. Petersdorf made a motion to extend the City Council meeting beyond 11:00 p.m. J. Martin seconded the motion. Vote was unanimous. Motion carried.

 

Meeting returned to the agenda, New Business, Item B., Ordinance 180.

11. Unscheduled Items Not Listed on Agenda

12. Executive Session – None.

13. Adjournment

Meeting adjourned at 11:40 p.m.

 

 

Absent/Excused

____________________________ _______________________________

Sheldon Meyer, Mayor Christina Lewis, Recording Secretary

____________________________ _______________________________

Judy Martin, Council President Johan Hogervorst, Councilor

____________________________ _______________________________

Robert Petersdorf, Councilor John Scott, Councilor

____________________________ _______________________________

Peter Howison, Councilor Della Robinson, Councilor