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DUNES CITY COUNCIL MINUTES 1. CALL TO ORDER AND ROLL CALL Mayor Rob Ward called the meeting to order at 7:00 p.m. PRESENT: Mayor R. Ward, Councilors, S. Meyer, S. Navetta, P. Howison, J. Martin, M. Miller, and R. Petersdorf. ALSO PRESENT: J. Hickey, City Recorder; J. Cerda, Planning Secretary; G. Darnielle, City Attorney; C. Lewis, Recording Secretary; L. Riechel, Planning Commission; B. Yager, Siuslaw News; LCAN, and approximately 27 citizens from the community. 2. PLEDGE OF ALLEGIANCE Mayor Ward led the Council and audience in the Pledge of Allegiance. Marilyn Miller was sworn in by Mayor Rob Ward as a member of the City Council. (Moved from agenda item 10.) 3. APPROVAL OF MINUTES A. 10-02-03 Special Council Meeting Councilor Martin noted a correction to page 3, Item 7: "apart" to "a part." ACTION: J. Martin made a motion to approve the minutes for the October 02, 2003, Special City Council Meeting with correction. S. Navetta seconded the motion. There were 6 ayes, 0 nays. Motion carried. B. 10-09-03 Regular Council Meeting ACTION: R. Petersdorf made a motion to approve the minutes for the October 9, 2003, City Council Meeting as presented. S. Meyer seconded the motion. There were 6 ayes, 0 nays. Motion carried. 4. BILLS OF THE SESSION The bills of the session for October 10, 2003, through November 13, 2003, totaling $17,457.89, were presented for Council approval. Mayor Ward requested pulling the Harrang, Long attorney bill to be voted on separately. Councilor Navetta noted that the Leisure Excavation bill for the repair of the Woahink Creek Weir located on Dr. Anderson's property might set a precedent. Councilor Petersdorf said that David Jackson of Coast Insurance Services requested that Dr. Anderson sign a waiver to hold Dunes City harmless. Dr. Anderson indicated in the audience that he would be willing to sign such a waiver. City Attorney Gary Darnielle commented that since the City agreed to finance the repair at the previous meeting, the City is obligated to pay for the repair; however the City needs to develop policy on like structures in the future, to determine what waivers are needed and pay for the expenditures out of the right fund. Councilor Howison said that he had checked out the City website and he thought that permits, minutes and agendas were to be posted on the City website and they were not. Howison questioned if Lake's Edge had performed the work the City had purchased. Mayor Ward recommended that the bill from Lake's Edge be pulled from the Bills of the Session to be held back until he and Navetta a chance to talk to Fred about the progress of the City website and that if they were satisfied the bill could be paid. ACTION: B. Petersdorf made a motion to approve and pay the schedule of bills for the period of October 10, 2003, through November 13, 2003, (excluding the Harrang/Long bill and the Lake's Edge bill) totaling $16,217.58. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. Councilor Judy Martin abstained from the voting of the Harrang, Long bill due to a conflict of interest. ACTION: B. Petersdorf made a motion to approve and pay the September/October bill from Harrang, Long in the amount of $200.31. S. Navetta seconded the motion. There were 5 ayes, 0 nays, 1 abstained. Motion carried. 5. RECEIPTS OF THE SESSION Receipts of the session from October 9, 2003, through November 13, 2003, totaled $81,151.81. 6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS A. Potential Infrastructure Finance Training from LCOG - Gary Darnielle will attend. B. Letter from Oregon Division of State Lands concerning the Ordinary High Water Mark - At Siltcoos Lake Resort there is a post marking the water level to reference the High Water Mark. C. Clarification of Oregon Removal-Fill Law - ORS 196.800 - 196.990 D. Oregon Statute pertaining to water use reports and method for measuring, etc. 7. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS A. Representative Joanne Verger, House District 9 (Addressed the audience prior to the Dune City Council Meeting. 8. PUBLIC HEARING - None. 9. REPORTS A. Road Commission/Master Road Plan - R. Petersdorf 1. Road Report (See Exhibit A) - Petersdorf said that the summer road projects will finish up with a couple of driveways and water bars once weather permits. ACTION: J. Martin made a motion to hire Duman, Inc. to do brushing and sweeping of Dunes City roads at the same rate as Lane County, not to exceed $2000. S. Navetta seconded the motion. There were 6 ayes, 0 nays. Motion carried. Petersdorf updated the Council regarding Norman Martin's request for the City to repair the culvert at Salal Street and Russell Drive. The Council agreed to hear Martin during the December City Council Meeting if Martin would submit information in time to be included on the agenda. Petersdorf suggested that a letter be written by the City to McAllister Engineering concerning the additional expenditure incurred when moving the street over 5 feet on the Kiechle Arm Road project. Ward said that if the Road Commission thinks that some action needs to be taken, since there was no prior approval of that expenditure, the Commission should recommend the letter to the Council. 2. Road Commission recommendation for Inspector of Roads. ACTION: M. Miller made a motion to hire Keith Herring as Dunes City's Inspector of Roads. B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried. 3. Letter from Lane County Board of Commissioners regarding Regional Road Finance Meeting. Bob Petersdorf and Rob Ward will attend the meeting. B. Parks & Recreation/Tourism/Water - M. Miller C. Site Review Committee - J. Martin 1. Site Review Committee Report - In regards to the Donegan issue, Martin reported that the Code says that if a building is unsafe, the City could start abatement proceedings. Martin suggested writing a letter to the Donegans, which Martin had drafted asking the Council for their input. It was decided to send the letter without the reference of the danger tree. Ward asked that Dave Gates visit the site to determine if the building is unsafe. Martin said that there are chemicals stored in a small trailer near the edge of the lake that is of concern. Martin said that the septic system would need to be investigated. Ward said that Martin should check with Lane County to see if there is a permitted septic system. Darnielle said that if there is evidence of a failed system, the City could report the failure to Lane County. Martin reported that progress is being made with the Watts residence and the Site Review Committee would be visiting every two weeks. The Wetland/Riparian Inventory Grant - Martin thought the bid of $15,000 from Pacific Habitat was excessive; however, Amanda Punton of DLCD did not. The grant would be split into two phases. Another grant will be submitted to complete the project. D. Police Commissioner/SRFD/Conservation Committee - S. Navetta 1. LCOG - Dunes City will be hosting the September 2004, LCOG meeting. Petersdorf offered to help organize the dinner. 2. Woahink Lake - Domestic Water Rights: Navetta said that there are 66 people to notify of information on their water rights. The letter is ready for approval by the Mayor. 3. Canary Road Cut - Navetta met with Lane County out at the site. The next day the County made a temporary repair on the road. Dunes City has until March/April to submit a grant proposal describing what the City would like done at the cut. There is $75,000 available. 4. Water Quality Committee - There will be a meeting on December 18th with Bob Fender of Wally's Septic Tank Pumping. Navetta would like to set up a committee that goes over the policies of the Comprehensive Plan on lakes. Policy B8 of the Comprehensive Plans says that a Water Quality Control Committee shall be formed. Navetta would like to see this group go over the items in the Water Rights for Woahink that are of concern. Ward suggested using the existing Water group. Navetta said that the current group is not an official committee. Ward suggested putting the issue on the January agenda after the group has talked about the Committee at the December 18, 2003, meeting. Navetta said that Bob Mueller has volunteered to join in the water testing on Woahink and Siltcoos Lakes. E. Community Center - P. Howison 1. City Hall Clean-up Volunteers - Thank you! 2. Volunteers needed to remove old stove - Petersdorf offered the use of his low-boy trailer. There will need to be about four people to load and haul the stove to the dump. 3. Community Center Water System - Iron Oxide Algae Bloom. Water System has been repaired. F. Grants/Franchises/Licenses - S. Meyer Charter Communication Franchise Agreement - There is an agreement to extend the franchise agreement and negotiations are pending. G. Mayor's Report - R. Ward Implementation of Basin Studies - Ward reported that the Forest Service, Oregon State, Dunes City, Lane County, and Douglas County collectively looked at recommendations as a result of studies and what has been implemented as a coordinated effort. Ward has received about four comments about the speed bumps placed on Huckleberry Lane, with only one being negative. 10. UNFINISHED/OLD BUSINESS - Agenda order changed. A. Ordinance 165 - An ordinance authorizing the sharing of the City's domestic water right and the establishment of an application fee - Second reading. Navetta requested that Item D be moved forward questioning the implementation of a permitting process creating a Water System. Darnielle said he talked to Charbonneau of the State Drinking Water Program as a prelude to the Attorney General's (AG) opinion. Charbonneau said that it is consistent with the ORS's that if the City doesn't own the meters, there is no ownership, therefore there is no water system. The City is only sharing its water rights. Navetta said that as far as the quality and safety of the water, there may be other rules. Ward insisted that the State Drinking Water Program makes the water system determinations and that there would be no other rules. Navetta replied that the criteria apply to community water systems not the City. Darnielle said that he did not ask for the AG's opinion yet, but waited for the City Council's direction, since the AG opinion may or may not be supportive. Darnielle indicated that it could take more than six months to get the opinion, but the Council could move on and get the opinion after the fact. ACTION: S. Navetta made a motion for Gary Darnielle to go forward to get an opinion from the Attorney General's Office about creating a water system. P. Howison seconded the motion. A roll call vote was called. There were 2 ayes (Navetta and Howison), 4 nays (Meyer, Martin, Miller, and Petersdorf). Motion failed. Ward said that he had met with John Stead and Allan Booth who is a licensed engineer with a background in hydrology engineering. Booth determined that the instream flow exceeds the state requirements 12 months out of the year. Stead and Booth will be meeting with Bob Rice of the Water Resources Department WRD) to present the State with Booth's calculations for review. The result could be that the State would start issuing unrestricted water rights based on new information precluding the need for Dunes City to share the City's water rights. Ward feels that it is appropriate to continue the process short of collecting fees. Ward said there would be no implementation until hearing from WRD. Darnielle said that the ordinance would not go into effect until 30 days after approval. If the resolution is not adopted, the approval of the ordinance would create an empty ordinance that can be repealed later. There was a discussion regarding a water system being established at the end of the 20 year water right extension. Petersdorf said that in the past, the water right had been extended at five year intervals. Recently, the WRD decided to use a 20 year extension in the same way. Mayor Ward asked if anyone from the audience would like to address the Council. There were none. ACTION: B. Petersdorf made a motion to call for the second reading of Ordinance 165 by short title. S. Meyer seconded the motion. A roll call vote was called. There were 5 ayes (Meyer, Howison, Martin, Miller, and Petersdorf), 1 nay (Navetta). Motion carried. Ordinance approved and to be adopted effective in 30 days. B. Resolution 11-13-03 - A resolution adopting a water use permit application fee. J. Martin questioned Section 3: $100 shall be charged to each permit holder. Hickey responded that the $100 would not apply to the reserved permits. If there is no meter, there is no fee. It was decided to hold off on any action being taken on the resolution at present. C. Resolution 11-13-03 (A) - A resolution transferring funds from the General Fund Operating Contingency to the Personal Services, Materials and Services for the repair of the Woahink Lake Outlet Weir. Hickey explained that there is not a line item to pay for the Weir, so it will be moved from the operating contingency to Materials and Services. ACTION: J. Martin made a motion to adopt Resolution 11-13-03 transferring funds from the General Fund Operating Contingency to the Materials and Services for the repair of the Woahink Lake Outlet Weir. B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried. D. Response from Tom Charbonneau, Department of Human Services, Drinking Water Program, regarding public water systems. Item addressed during a previous agenda item. E. Woosley Conditional Use Permit for Horse - Update - J. Cerda Cerda reported that the horse has been removed and Woosley has not applied for a conditional use permit. F. RTMP work plan submission - Gary Darnielle's conversation with Darnielle said that the City would have to pose an argument that the repair of the Weir targeted tourism, but the City could not use the expense as Marketing. Hickey said that they did not include the repair in the RTMP grant that was recently submitted. Ward said that the City would move towards the State to get reimbursement for the repair. Navetta suggested giving money to Honeyman to move the East Woahink restroom from the riparian area. Navetta commented on being a Premier Sponsor for the Rhododendron Festival as an expenditure for the RTMP funds. 11. NEW BUSINESS A. Planning Commission Appointment - Application received from Duane Thompson. Lee Riechel made a recommendation that Thompson be appointed to the Planning Commission. ACTION: B. Petersdorf made a motion to appoint Duane Thompson to the Planning Commission. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. B. Resolution 11-13-03(B) - A resolution providing funds for additional hours of work necessitated by street improvement projects for the Inspector of Roads. ACTION: S. Meyer made a motion to adopt Resolution 11-13-03(B) providing funds for additional hours worked by the Inspector of Roads. B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried. 12. UNSCHEDULED ITEMS ACTION: B. Petersdorf made a motion to give $50 Safeway gift cards to the four City Employees for the Thanksgiving/Christmas holidays. M. Miller seconded the motion. There were 4 ayes, 3 nays. Motion carried. Council Miller announced that Julia Carlson had passed away and expressed the regret and sorrow of the community. 13. EXECUTIVE SESSION: None. 14. ADJOURNMENT: Mayor Ward adjourned the meeting at 9:20 PM APPROVED BY: Robert B. Ward, Jr., Mayor
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