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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, J. Martin, ALSO PRESENT: J. Hickey, City Recorder; G.
Darnielle, City
Attorney; EXCUSED: Peter Howison, Councilor. 2. PLEDGE OF ALLEGIANCE Mayor Ward led the Council and audience in the Pledge of Allegiance. 3. APPROVAL OF MINUTES A. City Council Meeting for 01-08-04 ACTION: M. Miller made a
motion to approve the minutes for the B. City Council Special Meeting
for 01-15-04 Councilor Martin
2. WETLAND/RIPARIAN GRANT ACTION: J. Martin made a motion to
approve the minutes for the 4. BILLS OF THE SESSION The bills of the session for January 9, 2004, through
February 12, 2004, ACTION: B. Petersdorf made a
motion to approve and pay the schedule 5. RECEIPTS OF THE SESSION Receipts of the session from January 9, 2004, through
February 12, 2004, 6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS A. Thank you to Lee Riechel for the donation of the new clock. B. LCOG meeting date at Dunes City, Thursday, September 23, 2004. C. Planning Commission Meetings changing to the third
Thursday of the D. Change November 11, 2004, Council Meeting (falls on
Veteran's Day, 7. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS: A. Alta Taylor, 9340 Highway 126, Florence, OR, 97439.
Mrs. Taylor's 8. PUBLIC HEARINGS - None 9. New Business
ACTION: S. Navetta made a
motion to rescind Resolution 01-08-04.
ACTION: J. Martin made a
motion to amend the application to reflect the ACTION: B. Petersdorf made a
motion to offer extended payments to anyone Meeting recessed at 8:25 PM. Meeting resumed at 8:45 PM. There was a presentation of a certificate to Fred Hilden for his work on the Planning Commission. B. City Hall Health Concerns Joanne Hickey explained that the drain field back-up into the building has caused mold growth in the office. In addition, the road room has a continual mold problem where water backs up outside the door and enters the room soaking the carpet. Hickey said that the hygienist indicated that when grey water floods a building, the normal protocol is to take out 1 - 2 feet of drywall that came in contact with the water. The cost will be covered by insurance. The hygienist did not test for mold or bacterial growth in the office, since either way the source is to be removed and cleaned. The hygienist did check the road room where the mold spore counts was extraordinarily high. The protocol for the road room will be handled the same way as the grey water. Hickey explained that the offices would be moved into the Council Chamber for 2 - 2 1/2 weeks when restoration of the two offices should be complete. Then the furnace room, the restrooms and the kitchen would begin restoration. Hickey estimated the cost for the mold removal in the road room would be $2800, but added that the total cost with construction would be $5000 to $6000. The road room will be tiled with flooring similar to the Council Chamber and the outside porch will be modified to keep water from seeping into the building. Ward said that the City would need to be proactive and provide a safe work area for employees. Hickey said that the roof is being repaired where it has leaked in the audio closet. There is also a rat problem in the building that is being handled by an exterminator and the exterior of the building is being inspected and repaired where rats may be entering. Note: New Business to be continued under Item 11. 10. Reports: A. Road Commission/Master Road Plan, R. Petersdorf Road Report (see exhibit B) B. Parks & Rec/Tourism/Conservation Committee - M. Miller None C. Site Review Committee - J. Martin Councilor Martin reported on two complaints received about the Watts' tenants. The complaints include blocking the driveway, uncontrolled dog, and noise. Martin cited DCCO 9110, than any act determined by the Council to be injurious or detrimental to the public health, safety or welfare of the City is declared to be a nuisance and may be abated…. Ward suggested going over the complaint with Vicki Watts hoping that she will address the problems. Darnielle said that the Council should determine which issue constitutes a City nuisance. Darnielle suggested that both the property owner and the tenants be contacted, since the property owner may take the issue more seriously. Petersdorf said that discharging a firearm is a violation of City ordinance; however the area where the shooting occurred is in Lane County. Ward said to send the draft letter. Martin said there has also been a complaint about skateboarding in the City Hall parking lot after 10 PM. It was decided to have Jeannie Cerda talk to the skateboarders about removing their ramps from the parking lot and curtailing the skateboarding before 10 PM. Councilor Meyer brought up a liability issue concerning the skateboarders. Darnielle said that since it is a City street, there would be no liability. D. Police Commissioner/SVRFD/Water - S. Navetta Navetta reported that the first meeting of the Water Quality Control Committee had occurred and Ward had been selected as temporary Chairperson. The meetings will be on the first Thursday of each month. E. Community Center - P. Howison (absent/excused) ACTION: R. Petersdorf made a motion to direct staff to authorize the necessary repairs that may need to be done to the building to eradicate the mold and to declare an emergency due to health concerns. S. Meyer seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. F. Grants/Franchises/Licenses - S. Meyer None G. Mayor's Report - R. Ward None 11. UNFINISHED/OLD BUSINESS A. Council to make decision resulting from executive session regarding Fish Mill Lodges. Darnielle recommended allowing the City insurance company to conduct an investigation of the issue. B. Council to make decision resulting from executive session regarding Martin culvert repair request. Darnielle recommended allowing the City insurance company to conduct an investigation of the issue. C. Eligibility Requirements for Applying for a Comprehensive Plan Amendment. Darnielle said that the current issue has been dropped, but in the future, it is his recommendation to allow someone to apply and include other interested people's property. The City would then make sure that all these people were notified of the process. ACTION: J. Martin made a motion to accept the City Attorney's recommendation regarding Old Business, items A, B and C. M. Miller seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. D. Wetland/Riparian Grant 1. Grant for $26,479 approved on February 2, 2004. 2. Resolution 02-12-04: A resolution authorizing expenditure of unanticipated specific purpose grant funds received in current fiscal year from Oregon Department of Land Conservation and Development to complete an update of Local Wetlands and Riparian Inventories. ACTION: M. Miller made a motion to accept Resolution 02-12-04, a resolution authorizing expenditure of unanticipated specific purpose grant funds received in current fiscal year from Oregon Department of Land Conservation and Development to complete an update of Local Wetlands and Riparian Inventories and include the grant amount of $26,479 in the resolution. S. Meyer seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. E. Ordinance 167 - An ordinance granting a nonexclusive Franchise for the maintenance and operation in the City of Dunes City, Oregon of a cable system. First reading. Councilor Meyer said that a group from Dunes City met with Falcon that resulted in the agreement. Darnielle made a change at the beginning of the document and recommends that the City accept the agreement. Ward opened the public hearing portion of the meeting at 9:25 PM to consider the adoption of Ordinance 167. Ward asked the Council if anyone had any actual or potential conflicts of interest they wished to declare related to the issue. There were none. Ward asked if there were any member of the public who wished to address the Council on the issue. There were none The public hearing was closed at 9:25 PM. ACTION: M. Miller made a motion to call for the first reading of Ordinance 167 by short title. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. Ward read the short title of Ordinance 167. 12. New Business (continued from item 9) C. Ordinance 168 - An ordinance establishing a policy to provide a no brushing plan for property owners abutting the City right-of-way. First reading. Ward asked the Council if anyone had any actual or potential conflicts of interest they wished to declare related to the issue. There were none. The public hearing was opened at 9:28 PM. Ward asked if there were any member of the public who wished to address the Council on the issue. There were none. The public hearing was closed at 9:28 PM. Petersdorf answered some of Navetta's questions. The permit holder will pay for the actual sign. The right-of-way will be brushed at a depth of about 2 - 3 feet at the edge of the pavement. Navetta voiced a concern about the signs being unsightly. Petersdorf said that the signs could be left up year around, or the permit holder could put signs up at the notice of brushing in the newspaper, but if they were to fail to put the sign up, the City would have no indication of who did not want their right-of-way brushed. Petersdorf said that the Ordinance has nothing to do with the 14' limbing, which the City will continue to do as needed. ACTION: B. Petersdorf made a motion to call for the first reading of Ordinance 168 by short title. S. Navetta seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. Ward read the short title of Ordinance 168. D. Applications for Appointive Office 1. Cal Lewis and Gene Cockeram - Parks and Recreation Committee 2. Gerald Hamilton and Linda Lauck - Budget Committee 3. Vicki Sieber-Benson - Road Commission 4. John Scott - Planning Commission ACTION: B. Petersdorf made a motion to recommend Cal Lewis and Gene Cockeram to the Parks and Recreation Committee, Gerald Hamilton and Linda Lauck to the Budget Committee, Vicki Sieber-Benson to the Road Commission, and John Scott to the Planning Commission. M. Miller seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. E. Clearlake Road Improvement Project - Lane County requests that City accept conveyance of a conservation easement. The parcel is located near Gibbs Creek. Ward explained the conservation easement to the Council. Navetta requested that the issue be tabled until the March meeting. Petersdorf said that the easement is needed since the County is in the process of clearing the area to be widened. ACTION: B. Petersdorf made a motion to approve the conservation easement that Lane County is giving to the City for $0. J. Martin seconded the motion. There were 4 ayes, 1 nays (Navetta dissenting), 1 excused. Motion carried. F. Harrang/Long - "5th Amendment to Agreement for Personal Services" - Proposal to a change in the maximum ("cap") and the minimum ("floor"). ACTION: B. Petersdorf made a motion to approve the 5th amendment to the agreement for personal services by Harrang/Long. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. G. Planning Commission, Lee Riechel Riechel said that the review of the first three sections of the code update has been completed. (See Exhibit C) There was a discussion about the Planning Commission having the authority to approve land use decisions, with the City Council being the first level of appeal for the applicant, not LUBA. Riechel wanted to know if there were any members of the Council who were opposed to the Planning Commission making land use decisions. Ward put the question to the Council. Two opposed, four were in agreement. 13. Unscheduled Items Not Listed on Agenda Navetta wanted to know if there was any word about reimbursement from the State for the repair of the Woahink Weir. Ward will report at the next meeting. Martin asked about the status of setting up the Justice Court for City use. Darnielle was requested to bring back information, which he already has. Ward requested that a review of the Justice Court be put on the agenda for the March City Council meeting. 14. Executive Session: None 15. Meeting adjourned at 10:03 PM. APPROVED BY: Robert B. Ward, Jr., Mayor
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