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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.
Navetta, P. Howison, ALSO PRESENT: J. Hickey, City Recorder; J.
Cerda, Planning
Secretary; EXCUSED: Councilor Sheldon Meyer 2. PLEDGE OF ALLEGIANCE Mayor Ward led the Council and audience in the Pledge of Allegiance. 3. APPROVAL OF MINUTES - November 13, 2003, Regular Council Meeting Councilor Martin recommended the following corrections to
the ACTION: M. Miller made a motion to approve the minutes for
the 4. BILLS OF THE SESSION The bills of the session for November 14, 2003, through December 11, 2003, totaling 15,193.17, were presented for Council approval. There was a discussion about brush debris being left at the side of the road along Leavitt Loop following mowing and sweeping done by Duman, Inc. as hired by the City. Councilor Petersdorf admitted that Duman had over trimmed, but accepted partial blame for not adequately supervising the mowing. Since it was Duman's first job trimming for the City, it was decided that 20% of the payment will be withheld until the debris is removed. ACTION: B. Petersdorf made a motion to approve and pay the schedule of bills for the period of November 14, 2003, through December 11, 2003, (excluding $630 to be withheld pending Duman's clean-up along Leavitt Loop) totaling $14,563.17. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. Councilor Howison questioned the bill from Lake's Edge for website services that was withheld from the November bills of the session. Mayor Ward said that he and Councilor Navetta had met with Fred Hilden and determined that Hilden had completed the services billed to the City. 5. RECEIPTS OF THE SESSION Receipts of the session from November 14, 2003, through December 11, 2003, totaled $16,734.71. 6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS A. Wild Coho season opens December 11, 2003, in Siltcoos and Tahkenitch Lakes. B. January and February meetings need to be scheduled to discuss employee salary and benefit policies. Ward, Martin and Meyer will meet. C. Announcement for Commission/Committee Vacancies will be appear in January Siuslaw News. Let Joanne know if you have any vacancies you would like filled. D. Stove still needs to be removed. E. Volunteer quarterly hours due at the end of December. F. Thank you for the gift certificates - the staff appreciated them very much. 7. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS Norman Martin said that only half of Rio Road had been trimmed and that there is a Hemlock tree that is hanging in the street clearance. Mayor Ward announced that the Siuslaw News is seeking submission by elected officials for New Year wishes. 8. PUBLIC HEARING - None. 9. REPORTS A. 2003 Year-end Planning Report - J. Cerda See Exhibit A. B. Road Commission/Master Road Plan - R. Petersdorf 1) Road Report, See Exhibit B. Councilor Petersdorf clarified that the Road Commission did approve the Driveway Access for Norman Martin, however the Commission did not remove requirements that a driveway be constructed according to Dunes City planning requirements. There will be no building permit issued until the driveway is certified by an engineer. 2) Joint County/City Road Finance Meeting - Petersdorf and Ward attended the meeting. Lane County is proposing a fuel tax or registration fee. C. Parks & Recreation/Tourism/Water - M. Miller 1) Dunes City received $8,752 from the Rural Tourism Marketing Program. Miller and Hickey will get together and decide how to implement the spending plan. 2) Helkat Pocket Park - Council Miller said that she had been approached by James Genereaux concerning a proposed pocket park within a public right-of-way. Petersdorf said that originally Genereaux had proposed purchasing property adjacent to the right-of-way, which did not occur. Petersdorf continued to explain that the Parkway Estates Homeowner's Association has asked that a pocket park be designated in the road right-of-way. It is Petersdorf's opinion that the association is afraid that one day the City will extend Helkat Trail making it a through street. Ward would like the homeowner's association to bring in a drawing showing the proposed park. 3) Miller said that she had notified Oregon Parks and Recreation of the intent to apply for a trail maintenance and development grant. Miller said that she needs to gather people who would provide information about developing a trail program. There was a discussion about a possible nature trail along Gibbs Creek. D. Site Review Committee - J. Martin Martin reported that the Site Review Committee is continuing to revisit the Watts property to monitor further progress of the clean-up. Martin said that Bob Scharen has planted shrubs on the north and west sides of his property. Martin said that the Donegan property had been looked at by building inspector, Dave Gates who said that the deck and dock are unsafe, but the cabin was not unsafe. The previous drafted letter was not mailed to the Donegan's. Katrinka Knox at Lane County is researching the septic system. Ward suggested that a letter be sent to the Donegan's notifying them that the unsafe dock and deck are to be removed or replaced, adding information about the necessary permits and the property potentially being declared a nuisance if the property is not brought up to safety standards. Ward also suggested asking what the Donegan's intentions might be towards bringing the property up to proper standards. Dunes City has no authority for septic systems, but the chemicals stored by the lake should be removed. E. Police Commissioner/SRFD/Conservation Committee - S. Navetta None F. Community Center - P. Howison Councilor Howison reported that the aerial photo is ready to be mounted on the wall. Howison said that the City needs to go forward to repair the water seepage occurring on the back wall of the Community Center. Hickey said that she had checked with area contractor's who are not interested in the job. The only person who had expressed an interest has been Dave Brown, the painting contractor who painted the building last fall. Ward suggested that Howison and Hickey get together and develop a plan. G. Grants/Franchises/Licenses - S. Meyer Excused H. Mayor's Report - R. Ward Weir repair repayment: Ward said that the hold harmless statement needs to be obtained from Dick Anderson in regards to the weir. 10. UNFINISHED/OLD BUSINESS A. Agreement for Exhibition Loan Gary Darnielle presented the revised Agreement for an Exhibition Loan. Darnielle explained that the Artist would agree to mount and maintain the art. There are concerns regarding what art is to be hung and Darnielle suggested a sub-committee to review the exhibits. Miller and Hickey or Mayor will sign off on reviewed art. ACTION: M. Miller made a motion to approve the format of the exhibition agreement. S. Navetta seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. 11. NEW BUSINESS A. Planning Commission Appointment - Application received from Richard Anderson. Lee Riechel and Susie Navetta recommended Richard Anderson to be appointed to the Planning Commission. ACTION: R. Ward made a motion to appoint Richard Anderson to the Planning Commission. B. Petersdorf seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. B. Gary Darnielle to address Council regarding using the Justice Court for abatement issues. Darnielle explained how Florence municipal court is transferring it's authority to Lane County Justice Court. The cases from Dunes City would be small therefore the fees would possibly be split as payment for the use of the Justice Court. Danielle said that there would need to be an Intergovernmental Agreement as well as a Resolution from the City appointing the Justice Court Judge as Municipal Court Judge. Ward asked the Council to take the document home for review. C. Wetland/Riparian Area Study and Map - Jeannie Cerda See Exhibit C. Cerda suggests that Councilor Martin, who is writing the Wetland/Riparian Grant, include all properties and not just the 60 properties as proposed by Martin. Martin said that the methodology that is used is to send notification to the currently known property owners who have had wetland and riparian areas identified on their properties in the past. Pacific Habitat would then start with recent aerial photos that would identify areas to be looked at. Lee Riechel restated the concerns of the Planning Commission, explaining that the accuracy is important to being able to apply the 25' setback protection. Ward asked that Martin contact Pacific Habitat about adding a line item to include a work session with the City regarding identifying all concerned areas. Ward suggested that Riechel and Martin call Pacific Habitat and find out what the City is actually getting in the study. Darnielle said that the Council has never made a formal designation assigning Martin to the grant. Darnielle also instructed that all original correspondence go into the public record at City Hall. Ward said that the grant would be co-chaired by Martin and Riechel. The grant would specify that the contact persons be Martin and Riechel with a copy to Cerda. ACTION: M. Miller made a motion that the grant application for Oregon Coastal Management Program Technical Assistance Priority Project be submitted with the addition of a work session with the City to help identify wetland/riparian areas. The contact persons will be Riechel and Martin with copies going to Cerda. S. Navetta seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. D. Authorization of payment to Siuslaw Valley Fire and Rescue - $1000 is budgeted annually for use of the Fire District. ACTION: S. Navetta made a motion to authorize the budgeted $1000 payment to Siuslaw Valley Fire and Rescue. P. Howison seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. E. Community Service Contribution - Consideration of a community service donation to the Florence Area Humane Society. $500 budgeted for 2003/2004 fiscal year. ACTION: P. Howison made a motion to donate $500 to the Florence Area Humane Society. M. Miller seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. F. Resolution 12-11-03 - A resolution adopting a policy for reimbursement of city employees or representatives for per diem expenses. Councilor Navetta questioned the amount of the reimbursement rates indicating that they were too high since the individual would have to pay for their own meals if they had not traveled. ACTION: P. Howison made a motion to approve Resolution 12-11-03 adopting a policy for reimbursement of city employees or representatives for per diem expenses. J. Martin seconded the motion. There were 4 ayes, 1 nay, 1 excused. (Navetta dissenting) Motion carried. G. Resolution 12-11-03 (A) - A resolution adopting Dunes City Fiscal Year 2002/2003 Audit Report. ACTION: B. Petersdorf made a motion to adopt Resolution 12-11-03 (A), a resolution adopting Dunes City Fiscal Year 2002/2003 Audit Report. M. Miller seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. H. Holiday office calendar for paid holidays for 2004. ACTION: B. Petersdorf made a motion to approve the holiday office calendar for 2004. M. Miller seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. I. Norman Martin request for abatement of flooding. Councilor Judy Martin recused herself due to a conflict of interest. Norman Martin declared (prior to the meeting) that Councilors Bob Petersdorf and Marilyn Miller had a bias to the issue due to their previous discussions as Road Commission members. Gary Darnielle informed the Council that the legal definition of bias is the inability to render an impartial decision based on the facts and the official standards that apply. Petersdorf, Miller and Ward each stated that they did not feel that they had a bias and could render a decision based on the facts. The Martin's are considering legal action regarding the repair of the Russell Drive culvert. Norman Martin made an overhead presentation (See Exhibit D). Martin contends that Russell Drive was not engineered and the construction company put the culvert where they thought it should go. After the presentation by Martin, Mayor Ward instructed the Council to not discuss the issue due to a potential law suit. There will be an executive session to discuss Martin's complaint. 12. UNSCHEDULED ITEMS Councilor Martin questioned the correspondence regarding the Bedsoe property (Fish Mill Lodge). Petersdorf said that Darnielle had requested an executive session meeting to discuss Fish Mill. Darnielle requested that Mike McAllister, Engineer, attend the executive session. The executive session date was set for January 15, at 7 PM to discuss the Fish Mill Lodge issue first, then the Martin request. Miller and Navetta will be trading tasks. They will let the Council know what was decided at the January meeting. 13. EXECUTIVE SESSION: None. 14. ADJOURNMENT: Mayor Ward adjourned the meeting at 9:22 PM APPROVED BY: Robert B. Ward, Jr., Mayor
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