February 27, 2015 | Cannon Beach Gazette | cannonbeachgazette.com • 5A Council weighing water options Water service violates city’s comprehensive land-use plan By Erick Bengel Cannon Beach Gazette The City Council is con- sidering whether to modify As a result of flooding caused by the city’s water line rup- its comprehensive plan to ture in early January, the brick walkway on the west side allow water and sewer ser- of Douglas and Karen Hadley’s house has partially fallen vice outside the existing into the skirting. An estimate of damages to the house and city limits and urban growth yard, along with travel expenses and lost rental income, is boundary after the city acci- $15,000 and growing. dentally provided the ser- vice to one property owner — in violation of the city’s comprehensive plan — and then denying it to another. In early 2014, Cleve and Marilyn Rooper used their retirement savings to buy a lot on Elkwood Mountain Road, east of U.S. High- The city itself is no lon- way 101, above the tsunami Flooded from Page 1A ger part of the conversa- inundation zone and just The structure now sags tion, City Attorney Tammy outside the urban growth in places, producing faint Herdener said. boundary. The urban growth cracks in the paint and ceil- “CIS may not want to boundary indicates where ing where the house has involve the city,” she said, the city can extend urban started to settle. adding that, if there’s a set- services — such as water Meanwhile, “the yard tlement, it will happen be- — to areas beyond the city is a mess” and “part of the tween the property owners limits. It is approved by the garden got washed out,” and CIS. state Department of Land Douglas Hadley said. The Hadleys are await- Conservation and Develop- The Hadleys’ home- ing a formal estimate from ment. owners insurance may their insurance investigator. Before they made the cover some of the structur- Herdener said that “it’s purchase, the Roopers al damage, like the com- not out of the ordinary” for checked with the city to see promised posts, but that cities to have tort and prop- if water service was avail- “still leaves a lot of other HUW\ GDPDJH FODLPV ¿OHG able on the lot, and the city damage,” he said. against them. Cannon Beach assured them that it was, averages about two claims Cleve Rooper said. ‘Matter of principle’ “Within a couple of a year, she said. “Some- Factoring in the money times less, sometimes more, weeks, the city said it spent from travel expenses sometimes none.” screwed up, the deal’s off,” and lost rental income, the Because it is an active he said. “We were very dis- Hadleys estimate the total claim, representatives from appointed and asked the ¿QDQFLDOLPSDFWLVDSSUR[- CIS were not allowed to city to reconsider.” imately $15,000 and grow- comment. Grassick de- In July 2014, Cleve ing. clined to speak on the re- Rooper sent a letter to the Yet the city’s insurance cord regarding the case, and company, Citycounty In- City Manager Brant Kucera surance Services (CIS), could not be reached for which is headquartered in comment. Salem, has told the Had- The Hadleys have re- Those interested in con- leys that the company will tained a lawyer. “It’s be- not pay for any of that come a matter of principle tinuing their education are in- amount. to some extent, because vited to learn about “Lives in “We’re in continuing we feel that the city is re- Transition” at 1 p.m. March 7, conversation with them,” sponsible for some dam- in the Seaside Public Library, he said. “Up to now, they age,” Douglas Hadley 1131 Broadway. Clatsop Community Col- have not provided any cov- said. “Their infrastructure lege instructor Shelly Alford erage.” failed.” ERICK BENGEL PHOTO House owners seek reimbursement after city water line ruptures city “complaining about our circumstances,” he said. A month later, Interim City Manager Jennie Messmer responded with a letter that formalized “the fact that they were not going to make the water available, and that they’ll continue to discuss WKH ZDWHU DQG WU\ WR ¿QG D solution,” Rooper said. However, three years ago, “through a process that is not well documented,” said Public Works Direc- tor Dan Grassick, the city hooked up an adjacent prop- by a former water district that was grandfathered into the city’s water system and receives city water, a staff report said. Options At the City Council’s Feb. 10 work session, Gras- sick laid out some options for the City Council to con- sider. One option is to maintain the status quo by allowing the Browns’ property to continue receiving water service as exceptions to the ‘Within a couple of weeks, the city said it screwed up, the deal’s off. We were very disappointed and asked the city to reconsider.’ Cleve Rooper erty, also outside the urban growth boundary, with wa- ter and sewer service. The service was connected prior to Grassick’s employment with the city and also before the arrival of City Manager Brant Kucera. The property is owned by Mike Brown and his wife, Egrane Brown. Mike Brown works for the city’s public works department. The Browns paid to bring the pipes and other infra- structure to their property. The Browns recently re- ceived a letter from the city notifying them that the city may disconnect their water service within three years. Their property is one of two outside the urban growth boundary that currently receives water; the other property was once served comprehensive plan. City Attorney Tammy Herdener urged the council not to go this route: “It’s like break- ing your own rule, your own law,” she said. Another is to amend the comprehensive plan to al- low water service to prop- erties outside the urban growth boundary. The prop- erties would have to form their own water district to meet Oregon Health Au- thority drinking water stan- dards, and service would be provided by a single master meter at the boundary line, according to a staff report. A third option is to adjust the urban growth bound- ary to incorporate exist- ing properties that, like the Browns’ property, are cur- rently served with water. If the council decides to do this without annexing the territo- ry, the council will have to amend the comprehensive plan to allow water service within the urban growth boundary but outside the city limits, Grassick said. A staff report prepared by Grassick and city Plan- ning Director Mark Barnes says statewide planning rules allow cities to provide water to rural areas outside their boundaries, and they cite Astoria, Seaside and Warrenton all serving wa- ter to customers “outside of their city limits and (urban growth boundaries).” The city is working to- ward an “appropriate solu- tion for the situation that we’re presented with,” ZKLFKLVDFRQÀLFWEHWZHHQ the comprehensive plan and where the city currently serves water, Grassick add- ed after the work session. For now, the city can continue to provide water outside the urban growth boundary, as long as it’s actively preparing amend- ments to the comprehensive plan that will address the FRQÀLFW+HUGHQHUVDLG Hope for resolution Cleve Rooper said that he and his wife have not retained a lawyer and don’t wish to pursue any legal ac- tion against the city. “Our hope is that the city ZLOO EH DEOH WR ¿QG VRPH way to accommodate the need that we have and, ul- timately, that we resolve this,” he said. The Browns declined to speak with the Gazette. City Manager Brant Kucera could not be reached for comment. Presentation to focus on ‘Lives in Transition’ will discuss the “Lives in Transition” program, which is designed to assist dis- placed homemakers, single parents, dislocated workers DQG ¿UVWJHQHUDWLRQ FROOHJH students. Participants can acquire greater academic FRQ¿GHQFH ZKLOH ZRUNLQJ to become economically VHOIVXI¿FLHQW The college offers two college classes, staff sup- port and opportunities to develop personal resourc- es based on an individual M U N I C I PA L M E M O Is published monthly by the City of Cannon Beach 163 E. Gower Street • P.O. Box 368 • Cannon Beach, OR 97110 (503) 436-1581 • Fax: (503) 436-2050 • TTY (503) 436-8097 February 2015 MARCH 2015 City Council Regular Meeting City Council Work Session Design Review Board Planning Commission CITY COUNCIL REGULAR MEETING, February 3, 2015 • Adopted Ordinance 15-01, for the Purpose of the City of Cannon Beach, Oregon Requesting that the City be Annexed into the Clatsop County Oregon State University 4H and Extension Service Special District; • Discussed the South Wind Master Plan, which will be revised and brought back for Council approval at a future Council meeting; • City Planner presented an update summarizing the progresas of an OWEB grant application. CITY COUNCIL SPECIAL MEETING AND WORK SESSION February 10, 2015 • Tentatively approved (with conditions) pend- ing ﬁ nal ﬁ ndings of fact, the Nicholson request for 1) ZC 14-01, Zone Map Amendment, 2) PD 14-01, Preliminary Approval of a Planned Development and 3) V 14-01, Variance to Slope Density Require- ments with regards to property at 532 North Laurel Street; • Kris Peterson, Finance Director (NowCFO) pre- sented the 2nd quarter (ending 12/31/14) FY 2014-15 budget to actual ﬁ nancial report; • Dan Grassick, Public Works Director presented FOR YOUR INFORMATION MAYOR: Sam Steidel COUNCILORS: Wendy Higgins, Melissa Cadwallader, Mike Beneﬁ eld & George Vetter CITY MANAGER: Brant Kucera NOTICE OF VACANCIES CITY COMMISSIONS, BOARDS & COMMITTEES The City of Cannon Beach is seeking applications for the following vacan- cies: MEETINGS 3 10 19 26 plan to acquire skills for employment, vocational or career goals. For more information, call 503-738-6742 or visit www. seasidelibrary.org and www. facebook.com/seasidepubli- clibrary 7:00 p.m. 5:30 p.m 6:00 p.m. 6:00 p.m. the OTAK engineering water capacity outside city limits report for Council discussion. EXECUTIVE DEPARTMENT • The City Manager, Councilor Cadwallader and City Recorder attend- ed an Oregon Budget Law workshop held in Tillamook on February 10th; • The ﬁ rst City Potluck of the year was held Thurs- day, February 12th, at the Chamber of Commerce Community Hall. The next potluck will be held in April in honor of Earth Day; • Work continues at City Hall to remedy an on-go- ing plumbing problem; • Work to remodel the employee kitchen is con- tinuing. DESIGN REVIEW BOARD - At their February 19, 2015 meeting, the DRB discussed: • DRB 14-15, Vito Cerelli Application for Modiﬁ ca- tion to Schooner’s Cove Inn at 188 N Larch, for the addition of a two level elevator for ADA accessibility. Approved PLANNING COMMISSION - Scheduled to meet February 26th, 2015. EMERGENCY PREPAREDNESS COMMITTEE (EPREP): ONE (1) vacancy to ﬁ ll a four-year term. The primary responsibility of the Emergency Preparedness Committee is to plan emergency response on a city-wide basis and make recommenda- tions to the City Council. The Emergency Preparedness Committee holds its regular meetings on the last Friday of each month at 10:00 a.m. and may schedule work sessions as needed. TOURISM AND ARTS COMMISSION (TAC): TWO (2) vacancies to ﬁ ll four- year terms. The seven-member Tourism and Arts Commission develops grant guide- lines and procedures and distributes and accounts for the monies in the “Tourism and Arts Fund” which are to be used by local non-proﬁ t groups to promote tourism and the arts in Cannon Beach. Each member shall have experience in one or more of the following areas: public relations, market- ing, advertising, tourism, lodging, promotions, events promotion art, and/or publicity. The Tourism and Arts Commission holds its meetings as needed. To be eligible to serve on a City committee, applicants must have resided within the city or its urban growth boundary during the one year immedi- ately preceding appointment; or at the time of appointment, shall have owned real property located within the city or its urban growth boundary for at least one year immediately preceding appointment. Note: Tourism and Arts Commission applicants are not required to reside in Cannon Beach and are eligible if he or she has worked, at least part-time, within the City of Cannon Beach for at least one year immediately preced- ing appointment. Applications are available at City Hall, 163 E. Gower Street, Cannon Beach, by email addressed to email@example.com or on-line at www.ci.cannon-beach.or.us. Applications should be returned to Colleen Riggs, City Recorder, Cannon Beach City Hall, and P.O. Box 368, Cannon Beach, OR 97110. For more information, please contact Colleen Riggs by email or phone at (503) 436-8052. Community Grants Community Grants Applications will be available at Can- non Beach City Hall or online at www.ci.cannon-beach.or.us beginning February 23, 2015. Community Grants are avail- able for Non-proﬁ t organizations providing programs/proj- ects in arts, educational, recreational, environmental, com- munity, or social services in Cannon Beach. Tourism & Arts Fund Grants Tourism and Arts Fund Grant Applications will be available at Cannon Beach City Hall or online at www.ci.cannon-beach. or.us beginning March 2, 2015. Non-proﬁ t organizations pro- viding programs/projects that further tourism and the arts in Cannon Beach are invited to apply. All applications must be received at City Hall by 2:00 pm, Friday, May 1, 2015.