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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 January 13, 2005 City Council Meeting. ACTION: J. Martin made a motion to approve the minutes for the January 13, 2005 City Council Meeting as presented. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried. 4. BILLS OF THE SESSION The bills of the session for January 14 through February 10, 2005 were presented for Council approval. ACTION: B. Petersdorf made a motion to approve and pay the schedule of bills for the period of January 14 through February 10, 2005 totaling $14,938.75. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. 5. RECEIPTS OF THE SESSION Receipts of the session from January 14 through February 10, 2005 totaled $87,786.46. 6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS A. Budget Requests for FY 2006 - Deadline for requests is February 28, 2005. B. Committee Vacancy: Conservation Committee C. Local Official's Training, Wednesday, March 9th, 6:30 P.M., Florence City Hall 7. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS A. Chief John Buchanan, Siuslaw Valley Fire and Rescue. Chief Buchanan discussed fire protection, disaster preparedness and the need for volunteers as well as participants in CERT training. Buchanan said that Clear Lake Road Station has an engine, water tender and rescue vehicle with a caretaker living on site. The insurance rating for Dunes City is an eight which is not good. Buchanan said that according to the insurance rating institute, the rating system cannot be bettered without a City water system. The fire district has added a new 2200 gallon pumper at the Canary Road Station in an effort to better the rating. Buchanan talked about physical requirements for volunteers which are not as strict as professional firefighters, and there are volunteers who started after retirement. Ward said that the City would advertise for volunteer firefighters. Buchanan introduced the Disaster Plan which is a recovery plan as much as response plan. The Disaster Plan is designed to handle small as well as large disasters. The district is looking into providing a siren system and may be able to obtain a grant since the earthquake/tsunami risk would be "Domestic Preparation" under FEMA. There will be a seminar hosted by LCC on May 17th for disaster preparedness. Mayor Ward changed the order of the Agenda at this time to New Business, David Bingham/McLaughlin Tree Removal in the City Right-of-Way. Please see New Business. 8. PUBLIC HEARINGS - None. 9. REPORTS CITY ATTORNEY - G. Darnielle Fisher's: The City has not received a new plot plan based on a new survey. Darnielle talked to the Fisher's attorney, Tom Nicholson, who said that Mr. Fisher had hurt his back and was unable to move the fence. After discussion, it was decided that Darnielle will draft a letter to the Fisher's requiring a plot plan based on the relocation of the fence as well as obtaining a building permit. Garrett Rice: Rice has constructed an elevated RV pad without City approval. According to Darnielle, at the time the pad was discovered, it was 75% completed. At the time of the discovery, a building permit was issued when it was thought that the pad was an allowed retaining wall. However, the pad is an elevated wood structure which is not allowed due to the lack of proper setbacks. Darnielle said he would like to talk to CIS before issuing any direction to Rice, since the City could be liable for any work completed upon the issuance of the building permit (25%). Darnielle suggested a mediated session with Rice and his neighbors. ACTION: B. Petersdorf made a motion that there be no issuance or modification of building permits to the Rice property until Mayor Ward mediates between Rice and his neighbor to resolve the issue of the RV pad. P. Howison seconded the motion. There were 6 ayes, 0 nays. Motion carried. Bedsole - Fish Mill: After a meeting with the Bedsoles it was decided that the City would make temporary improvements to the drainage of the street. In regards to the contamination complaint, Darnielle said that no agency has substantiated the Bedsole claims. The contaminated sample was well below the health hazard standards. The City has no liability. Darnielle said that the City could do a better job at providing asbestos and lead information to builders. Darnielle said that if work is done by the owner instead of a contractor, there are no restrictions. Grant's Lawsuit: Contended easement dedication to the public at Salal. Darnielle said that Mrs. Mead had no intention of mediating the issue up in Portland; therefore the issue is going to court. Darnielle said that the City has one weakness of implied intention where a minor partition was approved with the easement showing a Salal extension. LOC: Darnielle handed out a document that addressed the fact that employment related claims make up 25% of claims. Darnielle said that what Councilors say to staff and the public on the dais is protected by insurance; however anything said or done outside the meetings can leave Councilors personally liable. Buildable Lands Inventory: Darnielle said that an advertisement will be displayed in the newspaper asking for CAC volunteers. The meetings will start towards the last of February. ROAD COMMISSION/MASTER ROAD PLAN/LCOG - R. Petersdorf Petersdorf gave a report of the Road Commission (See Exhibit A). Petersdorf said that McAllister has engineered a water bar with a catch basin for the Bedsole drainage improvement. Before commences, a letter must be signed by Bedsole. Johnson Rock will be estimating the project. PARKS & REC./TOURISM/CONSERVATION COMMITTEE - D. Robinson Robinson said that Lane County is reprinting a recreation guide which would have a map inset of Dunes City at a cost of $200 plus $1.00 per map. The consensus of the Council was to not be included in the guide. SITE REVIEW COMMITTEE - J. Martin None. POLICE COMMISSIONER/SVFR/WATER - J. Scott Scott reported that the Water Quality Committee discussed the Septic Ordinance and the Memorandum of Understanding from Water Resources Department at their January 27th meeting. In regards to Dunes City using the IP water right to use for Siltcoos domestic water use, the Water Resources Department sent a letter saying that it would not be possible. The right only allows type of use transfers from manufacturing to aquatic life, fish and wildlife and/or recreation that is compatible with the same. COMMUNITY CENTER - P. Howison None. GRANTS/FRANCHISES/LICENSES - S. Meyer None. MAYOR'S REPORT - Rob Ward Ward said that the permit was received from the Water Resources Department to store water on Woahink Lake using the weir. Ward also said that Lane County has accepted a bid to replace the bridge on Gibbs Creek. PLANNING COMMISSION - Jeannie Cerda Cerda reported that in February there were two minor partitions and one concept assistance. There have been 16 building permits issued so far this year. There have been three violations (two RV's were being used as residences and one illegal addition). Lee Riechel reported that the Code Revision has had a page by page review during the past 1 ½ years and the final will be available next week. Riechel said that the content and format is correct, but the document should be professionally edited. Councilor Martin said that there are certain conflicts in the document that have not been resolved, such as flag lots. A work session was scheduled for February 22nd at 7 P.M. for the Council to address key issues on the document before it goes to edit. 10. OLD/UNFINISHED BUSINESS A. Personnel Manual Draft B. Nuisance Ordinance Update 11. NEW BUSINESS A. David Bingham/McLaughlin Tree Removal Fine David Bingham, P O Box 462, Florence, OR 97439: Mr. Bingham read the McLaughlin's (property owner responsible for the tree removal) letter of response to the abatement into the record (See Exhibit B). Councilor Petersdorf gave the Council a report describing the situation. The McLaughlin's had talked with neighbor Joe Lane about removing two alder's that was obstructing their view of the lake. The trees were across the street from the McLaughlin's next to Lane's property line. According to Petersdorf's investigation, Lane had cautioned the McLaughlin's that they should contact Dunes City. Bingham said it did not occur to him that the trees were on the right-of-way. Bingham said that the wood was at his home and the branches were piled on the McLaughlin property. The abatement letter sent by the City (see Exhibit C) called for a $500 fine for each party and that Bingham replace the trees with four year old alders. The Council discussed the action. ACTION: B. Petersdorf made a motion to fine Bingham and McLaughlin $500 each for a total of $1000. Motion failed for lack of a second. ACTION: D. Robinson made a motion to fine Bingham and McLaughlin $250 each for a total of $500. Trees are not required to be replaced. J. Martin seconded the motion. There were 6 ayes, 0 nays. Motion carried. B. Septic System Maintenance Ordinance Petersdorf wanted to know why the Ordinance was being adopted into the Code of Ordinance under the Planning Commission jurisdiction. Ward said that the Septic Ordinance would be adopted into the Code, but the Planning Commission would not be the governing body. Ward asked for the first reading of the Ordinance at the March City Council Meeting. C. Resolution 02-10-05, a resolution adopting a public records/information request fees schedule. Staff requested an update in fees to include the Master Road Plan and the addition of a fee for CD-ROM copies. ACTION: J. Martin made a motion to adopt Resolution 02-10-05, a resolution adopting a public records/information request fees schedule. B. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried. D. Application for Appointive Office - Road Commission - Application received from George McKenzie. Road Commission recommends appointment. ACTION: R. Ward made a motion to appoint George McKenzie to the Road Commission. R. Petersdorf seconded the motion. There were 6 ayes, 0 nays. Motion carried. 12. UNSCHEDULED ITEMS Councilor Scott said that the Water Quality Committee voted to reimburse fuel expenses volunteers. Ward said that the Committee should put in for reimbursement funds in their budget request. Councilor Petersdorf said that a letter was received from Lane County saying there would be no more road fund distribution budgeted after 2006/2007. Ward said that the City Council needs to send a letter to the Lane County Commissioners outlining Dunes City's need for the funds. Ward and Petersdorf will attend the Commissioner's meeting in May and talk to Anna Morrison. 14. EXECUTIVE SESSION: None. 15. ADJOURNMENT: Ward adjourned the meeting at 9:30 PM. APPROVED BY:
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