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DUNES CITY COUNCIL MINUTES 1. CALL TO ORDER AND ROLL CALL Mayor Ward called the meeting to order at 7:00 p.m. PRESENT: 2. PLEDGE OF ALLEGIANCE Mayor Ward led the Council and audience in the Pledge of Allegiance. 3. APPROVAL OF MINUTES - Minutes of the December 9, 2004 Council Meeting. Councilor Howison asked for a correction on page 3, last line on the page…"it is more than likely that the bacteria are was present in Woahink Lake." ACTION: Marilyn Miller made a motion to approve the minutes for the December 9, 2004, City Council Meeting as with correction. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried. 4. BILLS OF THE SESSION The bills of the session for December 10, 2004 through January 13, 2005 were presented for Council approval. ACTION: J. Martin made a motion to approve and pay the schedule of bills for the period of December 10, 2004 through January 13, 2005 totaling $15,152.18. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried. 5. RECEIPTS OF THE SESSION Receipts of the session from December 10, 2004 through January 13, 2005 totaled $17,946.02. 6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS A. Introduction: Milo Mecham filling in for Gary Darnielle. B. Committee Vacancies: Conservation Committee (1) and Road Commission (1). C. Irene Young Acrylic Painting Art Exhibition at City Hall - January and February. 7. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS A. Norman Martin, 83750 Rio Road, Dunes City, OR: Mr. Martin read into the record a letter dated December 28, 2004 addressed to the City Council. See Exhibit A. Lee Riechel responded that the concerns addressed in the letter will be discussed at the Thursday Planning Commission Meeting, and then be brought before the Council at the February City Council Meeting. 8. PUBLIC HEARINGS - None. 9. REPORTS CITY ATTORNEY - Milo Mecham Meacham reported on Shawn Bedsole's (Fish Mill Lodge) concerns of debris from the neighboring property during demolition. A letter was sent to Bedsole stating that the City has no direct responsibility and directed him to the appropriate State authority. Mecham said that Darnielle will address the Council concerning demolition permits at a future Council meeting. Mecham said that not the entire Reedal fence is regulated as a structure and therefore there is not a violation that Dunes City can proceed on, but there are some setbacks that need modification. Mecham said that the issue should be closed. Councilor Marilyn Miller objected and said that there was some precedence set some years back where it was determined that a fence is a structure and it does not belong in the shoreline zone. Mecham said that the shoreline issue is being addressed. Miller countered saying that the letter states that the City declines to further investigate the issue. Miller read from the Code regarding the definition of a building/structure and argued that the definition definitely would include a fence. Ward said that there are different ways to interpret the Code, and that it is the Attorney's job to advise the City. Mecham said that under the State Building Code that a fence six feet tall and under is not considered to be a structure. Mecham said he and Darnielle can see if there is an Ordinance that clarifies the issue, and if there is not such an Ordinance, the Council can instruct Darnielle to put together an Ordinance that would address the definition of a structure to include a fence. Councilor Martin commented that the updated Code will allow a six foot chain link fence without slats. Councilor Petersdorf said that it was he that pointed out the definition to Darnielle before he left on vacation, and Darnielle said that he had not seen the definition, but would look into it upon his return. The City has received a grant for $22,252.00 to complete a buildable lands inventory. The inventory is needed to comply with Oregon land use laws and growth in Dunes City, plus it will answer any annexation requests. Under state law, the City must confirm that there is a 20 year supply of available land. The grant will need to be accepted within the next 60 days. At that point, a decision will need to be made on how to proceed with the grant. Mecham outlined the options issuing a Request for Proposal to planning companies or LCOG could provide the service. ACTION: S. Meyer made a motion to accept the grant in the sum of $22,252.00 to complete a Building Lands Inventory for Dunes City. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. Mecham outlined an offer from LGPI to join for $225. It provides assistance to governments on personnel matters and can help develop a personnel manual for the City. The Council discussed the membership and declined to join. ROAD COMMISSION/MASTER ROAD PLAN/LCOG - R. Petersdorf Petersdorf gave a report of the Road Commission (See Exhibit B). The City will be receiving a check from the County/City Road Partnership for $65,766.82. The repairs on Ka-teech are close to being done. The catch basins are installed. The Road Commission recommended that the City seek compensation from the property owners whose property caused the drainage problems. PARKS & REC./TOURISM/CONSERVATION COMMITTEE - M. Miller The Parks and Recreation Commission recommended that T-shirts be made with the Dunes City logo to be handed out to the first 10 people who show up for the volunteer clean-up day in the spring. Councilor Howison suggested having 100 T-shirts made up and offering them for sale. SITE REVIEW COMMITTEE - J. Martin Martin said that the nuisance ordinance will be reviewed when Darnielle gets back, then the City will approach the Justice Court to see if they will take over our abatement proceedings. POLICE COMMISSIONER/SVFR/WATER - J. Scott Scott reported that Buchanan from the Siuslaw Valley Fire District will talk about CERT, Tsunami Plans and Volunteers at the February City Council Meeting. The next Water Quality Control Meeting will be on January 27. The Septic Maintenance Ordinance will be discussed and a representative from DSL will be present. COMMUNITY CENTER - P. Howison Howison is following up on the bacteria species that was present in Woahink Lake. GRANTS/FRANCHISES/LICENSES - S. Meyer Charter Cable is requesting approval of a rate change for Dunes City customers. Meyer outlined the change where rates for basic are being lowered by $2.97 and the expanded tier is going up by $2.54, with no expected changes until February 2006. Kaye Winter and Norm Lacey of Charter Communications were in attendance. Winter and Lacey said that the basic channels that exist today will remain, but channels are being added to the basic tier. It is the same structure that is in place in Reedsport, Coos Bay, North Bend, and Lakeside. Digital programming has been increased. A letter outlining the changes was provided to the Council. Lacey explained that the system has been upgraded and Charter is now ready for the rate change. Mecham said that Charter Communication has chosen to not follow the federal process for regulating basic. The federal process regulates the basic tier only. The City cannot regulate any rates above the basic tier. Howison expressed an interest to negotiate the other tiers and internet rate, using the basic tier as a negotiating point. Howison asked why internet is being raised 20-30%. Lacey responded that it is the cost of doing business. Ward pointed out that customers have a choice since there are other providers. Lacey said that LCOG had represented negotiations with Reedsport. Dunes City's proposal is the same as Reedsport's. ACTION: S. Meyer made a motion to accept Charter Communication's offer to reduce the basic tier for cable television. B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried. MAYOR'S REPORT - Rob Ward None. PLANNING COMMISSION - Jeannie Cerda None. 10. PRESENTATION TO OUTGOING COUNCILOR. SWEARING IN AND SEATING OF NEWLY ELECTED MAYOR AND COUNCILORS. A. Presentation by Mayor Ward to outgoing Councilor Marilyn Miller. Outgoing City Councilor Marilyn Miller was presented a Certificate of Appreciation and gift for her service to Dunes City. B. Council President Sheldon Meyer administered the Oath of Office to Mayor Rob Ward. Mayor Ward administered the Oath of Office to Councilors Bob Petersdorf, John Scott and Della Robinson. The meeting recessed at 8:10. The meeting resumed at 8:25. 11. OLD/UNFINISHED BUSINESS A. Personnel Manual Draft Ward said there would be a meeting between himself, Meyer and Martin concerning the manual on Thursday. 12. NEW BUSINESS A. Resolution 01-13-05 - A resolution adopting a coordinated population projection for the City of Dunes City. Mecham explained the population projection. Periodically, the State requires the County to review the population projections. Lane County has chosen to work with the cities to develop that projection. Accepting the state projection doesn't bind the City, but is used for planning and is an important part of the Buildable Lands Inventory. ACTION: B. Petersdorf made a motion to adopt Resolution 01-13-05, a resolution adopting a coordinated population projection for the City of Dunes City. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. B. Selection of Council President. ACTION: B. Petersdorf nominated Sheldon Meyer as Council President for 2005. P. Howison seconded the motion. There were 6 ayes, 0 nays. Motion carried. C. Selection of Committee/Commission Chairpersons (Parks and Recreation requires two Councilors) It was decided that the appointments would remain the same and Councilor Robinson would assume the duties to the Parks and Recreation Commission and Conservation Committee. D. Application for Appointive Office - Parks and Recreation - Application received from Todd Hennessee. Parks and Recreation Commission recommend appointment. ACTION: R. Ward made a motion to appoint Todd Hennessee to the Parks and Recreation Commission. B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried. 13. UNSCHEDULED ITEMS A. Campbell Productions - A letter from Campbell Productions was received asking for an increase in fees from the current $100 for the taping and airing of the City Council meetings. Multiple camera coverage would be $325.00 per month, and a single camera would be $225.00 per month. The Council discussed the increase and agreed that there were a great many citizens who watch the broadcast each month. ACTION: B. Petersdorf made a motion to approve payment of the $225.00 per month for coverage using a single camera by Campbell Productions. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. B. Training for Elected Officials - February 10 at Eugene City Council Chambers. Petersdorf reminded the Mayor that the training is on a council meeting night. C. Buildable Lands Inventory Meyer suggested hiring LCOG to complete the Buildable Lands Inventory and asked Mecham if a Request for Proposals (RFP) was required. Mecham said that two government entities can enter into a contract without the need for competition. Mecham reminded the Council that since he works for LCOG, there could be a potential conflict of interest in his advising the Council. Councilor Robinson asked if LCOG would do their own legwork or use Dunes City for their statistics. Mecham answered that LCOG would use the Tax Assessor Records, do Windshield Surveys, etc. LCOG would do approximately 75% of the work. The Dunes City Planning staff would do the other 25%. ACTION: S. Meyer made a motion to hire LCOG to finish the Dunes City Buildable Lands Inventory. J. Scott seconded the motion. There were 5 ayes, 0 nays (Robinson dissenting). Motion carried. D. Donation to Project Graduation Dunes City has not historically donated since it is not a function of City government, but Ward encouraged citizens to privately donate to Project Graduation. E. There was an informal discussion with Scott asking about private individuals contacting the City Attorney and City's insurance representative. Mecham said that it is not normally the accepted procedure until there is a formal complaint against the City's insurance. Mecham said that it is appropriate to resolve complaints by directing individuals to other responsible agencies. 14. EXECUTIVE SESSION: None. 15. ADJOURNMENT: Ward adjourned the meeting at 8:55 PM. APPROVED BY:
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