Cannon Beach gazette. (Cannon Beach, Or.) 1977-current, February 27, 2015, Image 5

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    February 27, 2015 | Cannon Beach Gazette | • 5A
Council weighing water options
Water service
violates city’s
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
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-
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
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
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.
At the City Council’s
Feb. 10 work session, Gras-
sick laid out some options
for the City Council to con-
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,”
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
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
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
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
students. Participants can
acquire greater academic
to become economically
The college offers two
college classes, staff sup-
port and opportunities to
develop personal resourc-
es based on an individual
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
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.
SESSION February 10,
• 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
MAYOR: Sam Steidel
COUNCILORS: Wendy Higgins,
Melissa Cadwallader, Mike
Benefi eld & George Vetter
CITY MANAGER: Brant Kucera
The City of Cannon Beach is seeking applications for the following vacan-
plan to acquire skills for
employment, vocational or
career goals.
For more information, call
503-738-6742 or visit www. and www.
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.
• The City Manager,
Councilor Cadwallader
and City Recorder attend-
ed an Oregon Budget
Law workshop held in
Tillamook on February
• 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
• Work continues at City
Hall to remedy an on-go-
ing plumbing problem;
• Work to remodel the
employee kitchen is con-
- At their February 19,
2015 meeting, the DRB
• 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.
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 or on-line at 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
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 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.