DUNES CITY COUNCIL MINUTES

DUNES CITY COUNCIL MINUTES

REGULAR MEETING

March 9, 2006

7:00 p.m.

1. Call to Order, Roll Call and Pledge of Allegiance

Mayor Sheldon Meyer called the meeting to order at 7:00 p.m.

PRESENT: Mayor Meyer; Councilors, J. Hogervorst, P. Howison, Judy Martin, and R. Petersdorf.

ABSENT/EXCUSED: Councilors J. Scott and D. Robinson

ALSO PRESENT: Gary Darnielle, City Attorney; Teri Tinker, Planning Secretary; Christy Lewis, Recording Secretary; LCAN; Denise Ruttan, Siuslaw News; and approximately

70 citizens from the community.

Mayor Meyer made a statement about the name calling that occurred at the March 2^nd Public Hearing. Meyer said Dunes City has a diverse group of people and everyone has a right to express their opinion. Meyer asked the audience to respect other opinions and respect everyone’s diversity.

2. 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: February 9, 2006

B. Bills of the Session: February 10, 2006 to March 9, 2006 totaling $18,621.44

C. Application for Appointment received from Eric Hauptman for Budget Committee.

Councilor Petersdorf requested that the Bills of the Session be removed from the Consent Agenda.

ACTION: P. Howison made a motion to approve the Consent Agenda with the exception of the Bills of the Session. B. Petersdorf seconded the motion. There were 4 ayes, 0 nays, 2 excused. Motion carried.

ACTION: P. Howison made a motion to approve the the Bills of the Session from February 10, 2006 to March 9, 2006 totaling $18,621.44. J. Martin seconded the motion. There were 4 ayes, 0 nays, 1 abstain (Petersdorf), 2 excused. Motion carried.

3. Receipts of the Session (informational only)

The Receipts of the Session for the period of February 10, 2006 to March 9, 2006 totaled $59,254.91.

4. Announcements and Informational Items

Mayor Meyer announced the following:

A. Art Exhibition: Warren Davidson’s Watercolors for March and April.

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

5. Guest Speakers

A. Chief John Buchanan, Siuslaw Valley Fire and Protection – Fire Protection Update

Buchanan said he was in receipt of the $1000 contribution from Dunes City that provides fire protection services which is one of the services that is a requirement for cities. Buchanan said the fire district has improved its insurance rating for the Dunes City area. The rating was previously an eight (ten being worse, one being best), but through the efforts demonstrated by the firefighters, the rating will now be a five as of April 1, 2006, which will reduce fire insurance rates. The fire district is now able to deliver 1000 gallons of water per minute with water tankers.

Buchanan talked about disaster preparation. There are concerns that the new sirens cannot be heard. Buchanan said the sirens are on the bottom of the warning list. When the ground shakes, people need to head to higher ground as it will most likely be the subduction zone event. The destruction will be such that the sirens will not operate in that event. The telephone alert system will notify people of an inundation event (long range earthquake originating in such places as Alaska, California or Japan). Buchanan said people need to be trained to take care of self and family and he would be happy to arrange training of a four hour class in Dunes City if requested.

6. Citizen Input on Unscheduled Items

Maximum time 20 minutes: Speakers will be limited to three minutes. If the number whishing to testify exceeds seven speakers, each speaker’s time may be reduced to fit within 20 minutes.

A. Dave Davis and Dan Scarberry – Development on Cloud Nine Road and the proposed moratorium.

David Davis, 83000 Jensen Lane, Florence OR 97439.

Davis explained the development he and his associates are doing and discussed the proposed moratorium. Davis said they are doing responsible development on a large piece of land (43 acres) that is not exceptionally steep that will only be divided into 18 lots over the next five years. Davis said there will be deed restrictions limiting further division. Davis commented on Ordinance 181, which finds that there have been several cases of water-borne diseases in the past year and has declared that there is an emergency. Davis is concerned that such an Ordinance could affect land value if the actual situation is as serious as portrayed in the Ordinance. Davis said water-borne diseases call for an immediate inspection of septic systems that could be causing the disease, and those identified systems should be quarantined, instead of restricting development that hasn’t even occurred.

B. Richard Koehler, 4853 Darlings Loop, Florence OR 97439.

Koehler read a declaration from Del Riesenhuber, who wrote about the 2005 algae bloom and the non-clarity of the lake water:

C. Greg Barnes, Canary Road, Florence OR 97439.

Barnes acknowledged the clean, safe water group.

D. Jerry Wasserburg, 84606 Eastlake Drive, Florence OR 97439.

Wasserburg asked to submit data that was inadvertently left out of the data he submitted at the March 2^nd Public Hearing. Meyer agreed.

E. Darlene Beckman, 82150 Booth Island, Dunes City, OR 97493

Beckman said that if anyone is drinking surface water, they must use a water filtering system. Beckman said she is in favor of the Septic System Maintenance Ordinance and spoke in support of what David Davis had said earlier in the meeting.

F. Greg Hicks, 5586 Canary Road, Florence OR 97439.

Hicks cautioned the audience that they have a legal responsibility to disclose any testimony or opinions upon the closing of any property sale. Hicks provided the following letter for the record:

7. Unfinished/Old Business

A. Reedal Fence Post Removal

Richard Reedal, speaking for his parents, read a letter into the record as follows:

Alice Helmuth, 83570 Woodland Lane, Florence OR 97439.

Helmuth read a statement into the record (not provided) that spoke of the history of the events of the fence and the actions of the City Council. Helmuth said that on May of 2004, Lee Riechel and Marilyn Miller said that precedence was set in the City for removal of a fence, but there is no precedence for the post. Helmuth said other citizens in the City have been fined for violations, but the Reedals, who are not in compliance, has not.

Darnielle responded by saying that an infraction process and a Measure 37 process, which has not allow full due process for all involved, are different. As an example, Darnielle said that Lane County is staying the infraction processes until a determination has been made on a Measure 37 claim. Darnielle went on to say that if Reedal prevails on the Measure 37 claim, the City will have to pay for the removal of the fence, as well as putting it back up. If the posts are removed, the City would have to pay to replace them as well.

ACTION: J. Martin made a motion that the City not require the removal of the posts pending the outcome of the Measure 37 process. B. Petersdorf seconded the motion. There were 3 ayes, 2 nays, 2 excused (Mayor Meyer broke a tie vote). Motion carried.

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

A. Campbell Productions quote for meetings over two hours in length.

ACTION: B. Petersdorf made a motion to accept the price agreement with Campbell Productions at a rate of $225 per Council Meeting (up to three hours) with a $75 per hour charge for meetings exceeding three hours. J. Hogervorst seconded the motion. There were 4 ayes, 0 nays, 2 excused. Motion carried.

B. Ordinance 181, an ordinance imposing a moratorium on land

development prohibiting the acceptance of applications for partitions,

subdivisions and planned unit developments in the City of Dunes City,

and declaring an emergency. First reading.

Darnielle said the first reading is a starting point and the findings are vague; therefore, there should be a separate meeting devoted towards a second hearing and adoption. The date was later to be determined to be April 24^th at 7 p.m. Darnielle said Rand Dawson is accumulating an objective set of findings, which will be a separate attachment to the Ordinance. Audience members questioned the validity of the 45-day DLCD notification. Darnielle said he had consulted with DLCD staff, and they did not know either; therefore, the findings of fact with the ordinance will be sent immediately to the DLCD to do their review. There was discussion about refining the moratorium to make it more palatable to everyone. Darnielle displayed a map that showed properties within 100-feet of the lakes. B. Petersdorf said he would vote for a moratorium tonight, but if facts don’t come in that support the action, he would vote against it. Darnielle clarified that if declared an emergency, the Ordinance would go into effect immediately as opposed to 30-days of the emergency clause could be removed by making a motion at the second reading to drop the clause.

ACTION: P. Howison made a motion to read Ordinance 181, an ordinance imposing a moratorium on land development prohibiting the acceptance of applications for partitions, subdivisions and planned unit developments in the City of Dunes City, and declaring an emergency by short title. J. Hogervorst seconded the motion. There were 4 ayes, 0 nays, 2 excused. Motion carried.

Councilor Judy Martin read Ordinance 181 by short title.

Darnielle clarified for the audience that only one public hearing is required to pass an ordinance. Darnielle said the draft of the Findings of Fact will be available by either next Friday or the following Monday. J. Martin asked if the findings are going to be the same for Woahink Lake and Siltcoos Lake. Darnielle said the Council needs to decide. Petersdorf said he could not vote on a moratorium that includes Siltcoos Lake if there are no findings for that lake.

9. Reports

A. Report by City Attorney - G. Darnielle

1) Consequences for failure to comply with the Woahink

Water Right Agreement (non-payment of administrative fee

and/or failure to report meter reading). Topic was not brought up at the meeting.

Darnielle reported on the City lot at the end of Foothill Drive. See memo below:

Darnielle reported on the public records request from an attorney. Darnielle said that personal e-mails are subject to the public disclosure laws because if a discussion concerns public business, it is subject to public disclosure. See memo below:

Darnielle said Woahink Ridge PUD has been appealed to LUBA and he is waiting for a full petition from Attorney Holly Martin. It will then go to the Woahink Ridge attorney before going to LUBA.

B. Road Commission – Road Report None

C. Parks & Recreation/Conservation Committee None

D. Site Review Committee None

E. Police Comm./Fire Dept/Water – WQCC Report None

F. Community Center None

G. Grants/Franchises/Licenses None

H. Mayor’s Report - S. Meyer

1) Mayor’s Evaluation as requested at a previous Council Meeting

Meyer had pen and paper handed out to the audience, staff and council members. Meyer instructed people to critique what Meyer should start doing, stop doing, and continue doing.

I. Planning Report, T. Tinker

1) Reorganization of the Dunes City Planning Commission

Planning Chair Lee Riechel read his motion to reorganize the Dunes City Planning Commission. Petersdorf suggested a redraft of that section of the ordinance. Martin was in favor, but did not know if that was the answer or whether the Planning Commission should sit with the City Council. Darnielle said that the Councilor could sit in an ex officio capacity. There was discussion as to how information could get from the Planning Commission’s Public Hearing to the City Council’s Public Hearing. Riechel’s concern was that the Planning Commission could not give the information as it is presented at their deliberation.

10. Public Hearing – will begin at 9:00 PM regardless of the progress of previous items on the agenda. Meyer asked that the order of the agenda be changed having Ordinance 173 first, Ordinance 180 second and Sunset Ridge third.

A. Ordinance 173, an ordinance to establish a new Chapter 157 within

the Dunes City Code of Ordinances entitled "Septic System Maintenance."

Second reading.

Mayor Meyer opened the public hearing at 9:05 p.m.

Susie Navetta, Water Quality Control Committee, read a letter into the record signed by Mark Chandler, Ralph Farnsworth, Susie Navetta, and John Stead as follows:

Richard Koehler read a statement into the record signed by Ralph Farnsworth as follows:

Susie Navetta presented a later version of the septic maintenance ordinance that was not provided to the city attorney for the preparation of the ordinance. Darnielle said that since the language of the presented document was not noticed, Ordinance 173 would have to be read in its entirety.

Meyer closed the public hearing at 9:35 p.m.

Meyer read Ordinance 173.

ACTION: P. Howison made a motion to adopt Ordinance 173, an ordinance to establish a new Chapter 157 within the Dunes City Code of Ordinances entitled "Septic System Maintenance" with editorial corrections as needed. J. Martin seconded the motion. Roll call vote. Ayes: Hogervorst, Howison, Martin, Petersdorf. Nays: None. Excused: Robinson and Scott. Motion carried.

Darnielle said the Ordinance will go into effect in 30-days. Any fees will be set by resolution.

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

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

Dunes City. Second reading.

Meyer opened the public hearing at 9:41 p.m.

ACTION: J. Martin made a motion to read Ordinance No. 180, an ordinance concerning building regulations: Amending Ordinance No. 160 and Chapter 151 of the Code of Dunes City. B. Petersdorf seconded the motion. There were 4 ayes, 0 nays, 2 excused. Motion carried.

Meyer read Ordinance No. 180 by short title.

John Stead, 83505 S. Cove Way, Florence, OR 97439.

Stead commented on average gable height. Councilor Martin said the building inspector was the one who came up with the method, which would allow an inspector to determine the height on a multiple grade lot.

Meyer closed the public hearing at 9:47 p.m.

ACTION: P. Howison made a motion approve Ordinance No. 180, an ordinance concerning building regulations: Amending Ordinance No. 160 and Chapter 151 of the Code of Dunes City. J. Martin seconded the motion. Roll call vote. Ayes: Hogervorst, Howison, Martin, Petersdorf. Nays: None. Excused: Robinson and Scott. Motion carried.

At this time, an item that was left off the agenda was presented by Gary Darnielle.

C. Little Woahink PUD

Attorney for the applicant Michael Farthing, 767 Willamette Avenue, Eugene OR 97401, formally withdrew the application for Little Woahink PUD. Farthing said a redesigned plan would be resubmitted in a week or two. Farthing said the redesign would put the development away from Little Woahink Lake. Darnielle said that the current application was not feasible and would have had to have been changed. Darnielle further stated that the current application had to be completed within 240 days.

D. Sunset Ridge – Subdivision (SUB-03-05); Tax Map 19-12-24-00,

Lots 212 and 432, 6 lot subdivision on approximately 10 acres.

Continuation from the November City Council Meeting.

Meyer notified the audience of their legal rights. Meyer explained how testimony would be taken and the hearing procedure. Meyer asked the Council if there were any conflicts of interest. There were none. Meyer asked the Council if there was any ex parte contact. Howison said he had visited the property and was shown the building site by Mark Harrison. Petersdorf said the Road Commission visited the site and he and George McKenzie had checked out the access road off Erhart Road. Hogervorst said his wife had previously given testimony for Sunset Ridge. Hogervorst also said he had reviewed the audio tape of November 15, 2005, read documentation and visited the site, but had no contact with any parties, and could render an impartial decision. Howison and Petersdorf also indicated they could render an impartial decision.

Meyer opened the Public Hearing at 7:57 p.m.

Michael Farthing, attorney for the applicant, and Shane Hughes, EGR Associates, 2535 B. Prairie Road, Eugene, OR, engineer for the applicant, explained the additional data that had been submitted at the request of the Council from the November 15, 2005 public hearing. See following letter from Farthing:

Farthing said that since the property does not meet the frontage requirements for a City street of 60-feet, the road was flared to meet the requirement. The paving of the street will be 12-feet wide versus the 22-feet required by the Code giving a less impervious surface. Farthing said the final plat would reflect the modification of the flare into Lot 3.

Hughes said the EGR staff came to the same conclusions: minimize the site to the least amount of disturbance. Hughes said the access to Lots 1, 2 and 3 should keep the flexibility when working with the Fire Marshall to minimize soil disturbance. Hughes said their hydrologist looked at the availability of water wells, and from the well logs that were reviewed, there is no reason to not believe there will be enough water to supply the residences. Hughes said there is plenty of room to meet the slope, setbacks, etc. required for septic systems. If the sanitarian believes a system will be insufficient, the sanitarian will make additional requirements. Hughes said in regards to Condition 10, they will not develop the land until house plans are determined so as not to unnecessarily disturb the sites before needed. Hughes also said that the site shall be quickly built upon to restore the site promptly. Hughes said the street would be narrowed to address storm water drainage concerns; all lots are serviced by existing roads. Condition 14: Public easements and drainages would have a 50-foot buffer. Condition 16: Diversion point has been met.

Councilor Hogervorst questioned septic systems that would function properly on the sites which have up to a 40% slope. Hughes said there were many areas under 30%, and many areas over 45%. Hughes said the ORS require a steep slope design for anything over 35% and under 45%, and a standard design for slopes under 30%. Hogervorst questioned that any of the lots had an area large enough for a standard design, since he had done the calculations on the map that was provided to the Council. Hughes presented a different map that gave the slopes and proposed drainfields. After taking a look at the new map, Hogervorst said that Lot 4 looks too steep for a standard septic system. Hogervorst said the Council requested a drainage plan showing drainage in relation to the development which was not provided. Hogervorst, a hydrologist, said that the three streams on the property were identified by the engineering report as ephemeral (partial year flow), but at least two of the stream are perennial (continual flow) and asked Hughes how that might affect his assessment of the area. Hughes said the setback would change from 50-feet to 100-feet. Hogervorst said that the development needs a detailed hydrological look. Hogervorst said he was concerned that there was no specific road (driveway) plan for the lots indicating where soil disturbance would be occurring. Farthing explained that the property owner did not want to show the driveway plan until after the sites were sold and the homeowner decided where the house would be placed on the lot. Hogervorst said in order to determine if the subdivision is feasible, the area that is to be developed must be identified.

There was a discussion between Petersdorf and Hogervorst on whether the driveway on Lot 4 and 5 is a permitted driveway. Petersdorf said it was a logging road in the 1940’s or 1950’s. Petersdorf said that when the driveway is developed, the developer will have to get a driveway permit from the City, and any slope over 10% will have to be engineered. Hughes said he would be happy to show the driveways on the lots. Hogervorst said he would need to see the detailed cuts on the full bench driveways. Howison said the Council requested a detailed evergreen tree report, which was not provided.

Robert Quandt, 83573 Erhart Road, Dunes City. Quandt referred the Council to a letter from Tonapah Retirement Trust dated 1-20-06, "Specific issues relating to Mr. Quandt’s comments."

Quandt read:

Erhart Rd. culvert failure

During the meeting it was alleged that the culvert failure and wash out of Erhart Road was caused by runoff from the 10 acre subject property. While we did not own the property at that time, our brief investigation and conversation with Mr. Quandt revealed the following:

*The road failure occurred approximately two years ago and 150 yards south of our property directly below the home owned by Mr. Quandt.

*It was caused by blockage of the culvert by rocks and dirt from upstream.

*The rocks and dirt came from a graded earthen fill that encroached into and partially blocked the stream bed.

*The grading was done by the previous property owner (not Quandt) in an attempt to enlarge his building pad.

*The current property owner (Quandt) has removed the fill and restored the stream bed.

*The culvert has been replaced and the road has been repaired.

Quandt said Tonapah has taken three separate events to make it look like Quandt was responsible for the road washout and not from migrating soils from Tonapah property. Quandt said the portion of Erhart Road that was washed out in front of his house was caused by run-off erosion from the 10-acre parcel which plugged the culvert. Dunes City fixed the road at a cost of $14,600. The property owner prior to Quandt filled the culvert in again. Quandt and the Road Commission restored the culvert to prevent an additional washout. The road failure two years ago was a third event.

Quandt went on to address the comments on Domestic water source. Quandt disputed the third point: The source spring of the Creek is not located on our property. It is located farther upstream on the Roseburg Forest property. As far as we know they have not granted Mr. Quandt an easement or water right to obtain water from the spring. Quandt said the statement was made to discredit him, and a quick call to the Watermaster would have told Tonapah that he does not need an easement for ground water collection, which he has a permit for. The point is irrelevant. Quandt said the next bullet tries to downplay his catchment devise. However, the point at which Mr. Quandt is collecting the water from the stream is significantly upstream from the development location shown on our plans. Quandt asked that they give him the required setback of 100-feet. Quandt said he would like to dig a well for a water source, but he cannot get a drill truck up on the property. Quandt said the migrating soils continue to fill in his collection pool; therefore, he will have to move the collection pools periodically within the easement in order to maintain his water source. The basic setbacks from the stream will satisfy Quandt. Quandt wants to know where the septic system will be on Lot 4. There is no additional information that was requested at the last hearing. Quandt asked for a continuance until something is shown on a drainage plan.

Cara Hogervorst, 5650 Alder Court, Dunes City. C. Hogervorst said that while looking through some public records, she found that Roseburg Forest Products had requested a 150-foot setback from all residences. C. Hogervorst read the following letter into the record:

ACTION: B. Petersdorf made a motion to extend the City Council meeting past 11:00 p.m. J. Hogervorst seconded the motion. There were 4 ayes, 0 nays, 2 excused. Motion carried.

Mark Chandler, 4934 Lakeshore Drive, Dunes City. Chandler is concerned for the liability that Dunes City may be taking on something that may be a financial problem later on. Chandler spoke to the suitability of septic systems on the slopes and migrating soils that are currently occurring. Chandler provided a photo and supporting document as follows:

John Stead, 83505 South Cove Way, Dunes City. Stead read the following letter into the record:

Norman Martin, 83750 Rio, Dunes City. Martin said the frontage concerns are not a concern since all accesses are driveways.

Applicant’s Rebuttal:

Farthing requested a continuance to respond to the concerns in more detail, make changes and address feasibility. Darnielle said Farthing would have to provide information two weeks prior to the April City Council meeting. Hughes asked for clarification of which streams were perennial. After some discussion it was determined that all three streams appear to be perennial streams requiring the 100-foot setback. Hughes said that 100-foot setback is required from septic systems in regards to Quandt’s concerns. Hogervorst asked for a dashed line to indicate the leach field. Hughes will provide more detail on driveways. Hughes said there is a culvert on the center drainage and to look for it on the downhill side.

Meyer closed the public hearing at 11:16 p.m.

Deliberations:

Howison asked for enhanced revegetation and perhaps require fewer lots. Hogervorst said the top part of Lots 1 and 2 would make more sense to make it one lot as per the Comprehensive Plan. Hogervorst commented on the extension of Maple Street. Petersdorf said the City Engineer will review the engineered plan provided by the developer. Hogervorst said Maple Street is not designed at the present time to slant the drainage for water to hit the culvert. Hogervorst said that it troubles him that information that was requested from the Council was explained away instead of providing the information, i.e. tree plan and a design plan for driveways. There was a discussion as to what information should be requested to prove feasibility.

ACTION: J. Martin made a motion to have a continuance of the public hearing to the April City Council Meeting with information from the developer being provided to the City two weeks prior to the City Council meeting in April. Information shall include: drainage plan, driveway design, protection of drainage, location of leach field, map of conifer trees that remain, modification of plot map showing 100-foot setback from drainfield on Lot 4, clarification of perennial streams, address the UGB, plus the items requested by Councilor Robinson at the January meeting. B. Petersdorf seconded the motion. There were 4 ayes, 0 nays, 2 excused. Motion carried.

11. Unscheduled Items Not Listed on Agenda - None

12. Executive Session – None.

13. Adjournment

Meeting adjourned at 11:31 p.m.