Dunes
City Council
M
I N U T E S
November
13, 2008 - 7:00 PM
Printable
file
City Hall 82877 Spruce Street 97493
1.
Call to Order and Roll Call
Mayor Eric Hauptman called the Meeting of the Dunes City Council to
order at 7:02pm. Amy Graham, Dunes City Recorder, took roll call.
Present: Mayor Eric Hauptman, Peter
Howison, Councilor
Richard Koehler, Councilor Susie Navetta, and Councilor Robert
Quandt, and Councilor Bob Petersdorf. Councilor Curran was not
present and excused.
Others Present: City Recorder Amy Graham, Planning Secretary Lisa
Ekelund, and 26 members of the community.
2.
Pledge of Allegiance
The Mayor, city councilors, office staff, and citizens present joined
in the Pledge of Allegiance.
3. Consent Agenda
A. City Council meeting minutes of 10/11/08 & Special
Session 10/30/08
Councilor Petersdorf stated the October 9th, 2008 minutes
didn't state the year 2008.
B. Bills of the Session through 11/12/08
C. Receipts of the Session through 11/12/08
D. Revenue Expense Report
Councilor Howison moved to accept the consent agenda with the
correction by Councilor Petersdorf to add the year to the date of the
City Council minutes of 10/09/08 and Councilor Koehler seconded. After
unanimous vote, the motion passed.
4. Announcements / Correspondence
A. 2008 Election Results - Mayor Hauptman announced the most
recent results of the election. He advised everyone present that
they can obtain current results online. The Mayor stated the results
as of the date of the meeting were unofficial and that they wouldn't
be official until November 24, 2008.
B. DLCS grant of $1,500.00 for audit of zoning ordinance - City
Recorder Amy Graham explained the DLCS grant.
C. Health Advisory for Siltcoos Lake - Mayor Hauptman said the
WQCC has been monitoring the water. He said the State has put out an
advisory and it is still in effect. The Mayor then explained the
process of lifting the advisory.
5. Citizen Input on Unscheduled Items
Bud Carlow 4926 Mitchell Loop
Mr. Carlow spoke on his son Rodney May's behalf. He said there was an
old trailer on the property and Mr. May was going to tear it down but
never got around to it. Mr. Carlow said Mr. May received a letter in the
mail stating the Council decided the poles in the City right of way
needed to be removed from the property and that he doesn't see anything
wrong with the poles. He said the neighbor has a very wide driveway and
maybe the neighbor is approaching it wrong. He said there should be no
problem to backing anything large. Mr. Carlow offered to show the
neighbor how to back in differently to make it work.
Councilor Navetta advised Mr. Carlow of Mr. Mays right to submit a
formal appeal and the Mayor explained the process to Mr. Carlow.
The City Recorder, Amy Graham, stated she would call Mr. May to
explain the appeal process. She then clarified if the Council would
allow extra time to remove the poles while the appeal is in process.
Mayor Hauptman stated yes.
Darlene Beckman 82150 Booth Island
Ms. Beckman clarified the process to lifting the blue-green algae
advisory. She asked if the City would announce that the water is clear
and possible whether or not there were any toxins identified.
Mayor Hauptman stated the City will notify the radio station, the
newspaper, and the webmaster to advise of the status. He reiterated that
the WQCC is not testing like they did last year. He said the City will
not know if it did or did not turn toxic.
Councilor Koehler said a micro-biologist from out of state checked
the algae and said it was in the "group" of toxic strains
similar to what the City had last year.
David Bellemore 83548 Salal
Mr. Bellemore stated the problem with the toxic algae in the lake is
a complicated one. He said some of the algae is "possibly"
toxic and this possibility is low. He said the City needs to be careful
on how they advise what the citizens should or should not do. He agrees
there should be an advisory, but also it's also important to know when
it's lifted.
Councilor Howison noted the health risks of repeat exposure.
Norman Martin 82750 Rio Dr.
Mr. Martin read a letter he presented to the Council regarding the
payment of legal expenditures related to Greengate Road from the Dunes
City Roads Committee Fund. He stated it represents a violation of the
Oregon Constitution as referenced in ORS 366.785 thru 366.820. He said
the money should be returned to the Roads Committee Fund and suggested
the City use the General Fund to pay the attorney fees.
6. Reports
A. Mayors report from Mayor Hauptman Mayor Hauptman
stated he had no report
B. Community
Center/CCI report from Councilor Howison
Councilor Howison stated he had no report
C. Conservation Committee report from Councilor Curran
Councilor Curran was not present and did not submit a report.
D. Parks and Recreation Committee report from Councilor Quandt
Councilor Quandt said he had no report and the next meeting will be
12/04/08 at 7 p.m. in the road room. Councilor Koehler also stated
there will be a WQCC meeting that same evening. The City Recorder
noted the Planning Commission was also meeting on the evening of
12/04/08. Councilor Quandt said he would reschedule his meeting and
notify the city of the date.
E. Road Commission report from Councilor Petersdorf
Councilor Petersdorf spoke of the main topics discussed at the last
Road Commission meeting. He said they were told in September that the
Road Commission wasn't moving ahead quickly enough regarding the chip
sealing. He said he had a meeting with the City's engineer, Mr.
McAllister, to go over the work he had done so far.
Mayor Hauptman said Mr. McAllister has sent a bill to the City
for all of the work he had done. He said Mr. McAllister had given
Councilor Petersdorf a breakdown of the work done. The Mayor asked
if this was correct and Councilor Petersdorf said no.
The Mayor told Councilor Petersdorf that he needs to get that
clarification and a report from Mr. McAllister.
Councilor Petersdorf reiterated that some of the pre-bid work has
been done already by Mr. McAllister. Councilor Petersdorf said he
would call Mr. McAllister and set up a meeting between him and the
City Recorder.
Councilor Petersdorf said the Road Commission is making the
recommendation to approve the 3 Right-of-Way Use Permits received
from the PUD to replace utility poles.
Councilor Petersdorf said he was asked to investigate the legal
fees for Greengate Road being taken from the Roads Fund. He said he
wrote the Attorney General from the State of Oregon and if the City
can spend money from the Roads Fund for that work.
Councilor Koehler brought attention to some identification errors
in the Road Commission minutes. Councilor Petersdorf said the errors
have been corrected by the new Roads Secretary.
Mayor Hauptman questioned PUD permitting and Councilor Petersdorf
explained the franchise agreement.
Councilor Navetta stated recently the PUD left debris after working
with a pole and questioned if this is customary. Councilor Petersdorf
stated this is not customary and he would check into it. He also
stated there is a possibility it is on private property.
F. Site Review Committee / Grants / Police report from
Councilor Navetta Councilor Navetta read her report that was also
submitted in writing.
G. WCC / Communication & Education report from Councilor
Koehler Councilor Koehler read his report that was also submitted
in writing.
Councilor Koehler made a motion to move $6,000.00 from the current
RTMP fund to be allocated for water testing and equipment uses. Such
funds will be used only for test equipment and tests relevant to lake
water hazards. Councilor Navetta seconded.
Mayor Hauptman explained where the RTMP funds come from. He said
before a decision is made, the City needs to research exactly how the
funds can be spent.
Councilor Koehler withdrew his motion and Councilor Navetta
withdrew her second.
H. Planning Commission report from Planning Secretary, Lisa
Ekelund Lisa Ekelund read her report which is also submitted in
writing.
7. Unfinished /Old Business
A. Engineering Report The Mayor stated the City
received many applicants and they have narrowed it down to five
different companies. He said the companies listed on the
comparison chart were interview by the Mayor, the City Recorder,
and the Planning Secretary. He stated of the interviews, they
favored the Dyer Partnership.
Councilor Howison made the motion to accept the Dyer Partnership
as the City's engineering firm for services needed and Councilor
Petersdorf seconded. After unanimous vote the motion passed.
The Mayor brought forward discussion of Mr. Mike McAllister
continuing with the Roads departments engineering needs and
Councilor Petersdorf said Mr. McAllister is a good roads engineer.
He said when it comes to roads, Mr. McAllister strictly does stuff
for Lane County, the State of Oregon and Dunes City.
The City Recorder suggested the Council wait until the next
regular meeting before a decision is made on Mr. McAllister so all
of the information is in front of the Council to make an informed
decision and the Council agreed.
8. New Business
A. Appeal from David Bellemore
Mr. Bellemore read a statement regarding his concerns with
development, ordinances, and the comprehensive plan. This report was
also submitted in writing.
Councilor Quandt asked what Mr. Bellemores opinion was on whether or
not the tree in question was a danger tree.
Mr. Bellemore said the only people listed in the ordinances to make
this decision is the Conservation Committee. He said he believes a
danger tree is a tree that would likely fall down before the Planning
Commission would ever have time to hear the request. He said it was not
a danger tree because the Conservation Committee said it wasn't.
The Mayor asked if there was any property in danger and Mr. Bellemore
said if the tree were to fall, it could have hit the property owners
dock. The Mayor asked what kind of tree it was and Mr. Bellemore said it
was a spruce.
Councilor Quandt read ordinance 154.03(B)(C). He asked if anyone from
the Planning Commission went on a site review. Mr. Bellemore stated the
Chairman did have the commission go to the site.
Mr. Bellemore reiterated that the Friend's did nothing wrong by
following the orders of the Planning Commission.
The Mayor asked what Mr. Bellemore would like to see the Council do.
Mr. Bellemore said the Council should educate the Planning
Commission. He said he is upset that the ordinances were ignored.
Councilor Quandt said it was mentioned several times in the Planning
Commission minutes that the violations should be forwarded to the
Council then at the end the Planning Commission stated they were
satisfied with what will be done with re-vegetation.
Councilor Petersdorf suggested the ordinance be changed to have a
procedure when there is a conflict of opinions. He said Mr. Bellemore
shouldn't be on two committees.
Mr. Bellemore said he was advised by his attorney he could be on both
if he kept the issues separate.
Cynthia Chandler 4934 Lakeshore Drive
Mrs. Chandler submitted a written address to the Council.
Mayor Hauptman said obviously the Planning Commission is not
functioning properly. He asked if the Chairman of the Planning
Commission, Lee Riechel would like to comment.
Chairman Riechel approached the Council and stated the Planning
Commission did do a site review on the property. He said they did notice
the vegetation in the riparian area and they paid particular attention
to the spruce tree involved. According to the testimony of the land
owner, the tree is increasing in it's lean 1"-2" per year. The
land owner also showed the Planning Commission that the lake is
undercutting the root system. He said the decision was not
"if", but "when" the tree will fall. He said they
had their meeting and he requested the commission have a two part
solution to the request. The first part would be to decide the action
needed for the tree. He said it may have been a mistake to call the tree
a "danger tree" but the decision was to allow the tree to be
removed. The second part would be to address the violations observed in
the riparian area. Through the deliberation the commission heard a
significant amount of information and plan to replant the area.
Councilor Navetta asked if there was a re-vegetation plan. Chairman
Riechel said no, but rather it was given by word of mouth.
Councilor Quandt asked if the application for a vegetation removal
permit should have the 10 day appeal process? Chairman Riechel said yes,
he believed there should be the 10 day appeal provision.
Councilor Quandt said the permit should state the 10 day appeal
provision.
Chairman Riechel said as an administrative procedure, the applicant
should be notified of their 10 day appeal period.
Councilor Navetta asked if the ordinances were handed out with the
permit. She suggested this be done in the future.
Councilor Howison said the issue was the violations and is the
Council in the position to require a re-vegetation plan even thought the
property owners were not notified of the appeal.
Councilor Navetta said she believed they need to go back to square
one and address each of the items.
Councilor Howison said the City should require a re-vegetation plan.
The Mayor said the Planning Secretary could write them a letter. The
land owners could appeal that letter if they felt it necessary.
The Mayor asked the Planning Secretary to write a letter to the land
owner with a 45 day limit. Mrs. Chandler stated the applicant should
submit a complete inventory of the existing vegetation then require a
re-vegetation plan.
Councilor Koehler said one of the biggest problems he heard from Mrs.
Chandlers report was the Planning Commission not sighting the
ordinances. He recommended each Planning Commissioner read the
comprehensive plan.
Councilor Howison said he has a copy of Goal 17 of the Oregon Coastal
Shorelands and asked if anyone on the planning commission has a copy.
Chairman Riechel said they do not have a copy.
The Mayor called for a 10 minute break at 9:08pm.
The meeting re-convened at 9:26pm
B. PUD Permits from the Road Commission
Councilor Petersdorf moved to approved the 3 permits from the
PUD,
replacement of, relocate pole Z 262-72 in order for Mark Harrison (has
to come in and get a permit) to drill under the road to install
underground services and number 3, intall a 45 ft pole to eliminate a
cross county span of primary wires.
Councilor Koehler asked if the work on the Harrison permit would
disturb the roadway. Councilor Petersdorf said no.
Councilor Quandt seconded the motion. After unanimous vote the motion
passed.
C. Resolution 11-13-08 Ocean Blvd. Parking
Mayor Hauptman read resolution 11-13-08 An exception to Dunes City's
two-hour parking limit applicable to Ocean Boulevard for a parallel
parking in conjunction with residential use.
Councilor Petersdorf made the motion to approve resolution 11-13-08
and councilor Howison seconded the motion.
The Mayor asked if there were any comments.
Councilor Navetta stated she wanted to include boat trailers.
Councilor Petersdorf said boat trailers were not discussed at the
meeting. He said this should be something a person could do without
exception.
The Mayor said the intent was to bring this back to the way Ocean
Blvd. residents have intended to use the land in the past. He said the
bottom line is the residents being neighborly. He believes the more
complex the resolution, the more problematic it would become.
After unanimous vote, the motion carried with one absent vote.
Councilor Navetta said she would like to remind the residents that
mowing the grass is over.
Councilor Koehler posed the question as to why the City should pay
for something that was illegally started and if the insurance company
should be responsible for covering it. He said he believes it's a
disservice. He said the work was initiated in violation. He said he
would like the city staff to look into whether or not the insurance
company should pay for the repair of the riparian area.
The City Recorder stated the Council voted on the insurance claim at
the last meeting. She said she believes what Councilor Koehler is saying
is Ray Well's should be responsible because they should know the City's
policies and codes.
Mayor Hauptman said the insurance company should process the claim
and if the insurance company feels necessary, they should try to reclaim
payment.
Councilor Navetta said Ray Wells has disregarded the rules for many
years and it's time he is made to comply.
Councilor Koehler said it's important if there is a violation of
permits, it is called to task immediately by staff.
The City Recorder stated Ray Well's has the understanding if he is to
do any work within the City limits, he is to notify the City prior to
any work done.
The Mayor stated Mr. Wells has historically ignored City codes. He
said he should be brought before the Council and asked for opinion.
Councilor Koehler suggested a plan is created so the same issues are
not brought up over repetitively. He suggested Ray Wells is not the
person to un-do what has been done on Ocean Blvd. but rather it should
be done by a vegetation specialist.
Mayor Hauptman asked the City Recorder if she could check into not
having Ray Wells do the work. The City Recorder said she will contact
the insurance company for an answer.
Councilor Howison and Councilor Navetta discussed types of
re-vegetation and the use of native grass blends.
10. Unscheduled Items not listed on the Agenda
Councilor Howison brought up the issue of Woahink Creek and said
there should be an evidentiary hearing with the Atkesons to gain access
to the property.
Mayor Hauptman and Councilor Howison discussed Mr. Atkensons access
easement.
Councilor Howison asked if the City Recorder has had a conversation
with Mr. Atkeson and the City Recorder responded.
11. Adjournment
Councilor Petersdorf moved to adjourn and Councilor Quandt seconded.
After unanimous vote, the meeting adjourned 9:56 pm.