Official_Dunes_City_Council_Minutes

Dunes City Council
M I N U T E S
January 8, 2009 - 7:00 PM
Printable file

City Hall – 82877 Spruce Street 97493

1. Prior to the beginning of the meeting of the Dunes City Council

Swearing in and seating of newly elected City Councilors

City Recorder, Amy Graham administered the Oath of Office to Robert Quandt, Richard Koehler, Rebecca Ruede, and Jamie Mills.

City Recorder announced the Mayor was sworn into office the evening prior with witnesses.

2. Call to Order and Roll Call

In the absence of Mayor Hauptman, Council President, Peter Howison called the Dunes City Council Meeting to order at 7:03 p.m. Amy Graham, Dunes City Recorder, took roll call.

Present:          Councilor Peter Howison, Councilor Susie Navetta, Councilor Robert Quandt, Councilor Richard Koehler, Councilor Rebecca Ruede, and Councilor Jamie Mills.

Others Present:        City Recorder Amy Graham, Planning Secretary Lisa

                                    Ekelund and 36 members of the community.

3. Pledge of Allegiance

The city councilors, office staff, and citizens present, joined in the Pledge of Allegiance.

4. Announcements / Correspondence

Presentation to retiring council member Bob Petersdorf & Jerry Curran

Councilor Howison expressed appreciation for the past Councilors Bob Petersdorf and Jerry Curran then presented Bob Petersdorf with a plaque of appreciation for his many years of service.

Bob Petersdorf gave a speech and presented a plaque to Dave Lauck for his services as a volunteer.

Councilor Ruede thanked Bob Petersdorf for his service and giving background of his many accomplishments.

5. Consent Agenda

City Council meeting minutes from 12/11/08

ACTION ITEM

Councilor Koehler requested the minutes to be taken off of the consent agenda and Councilor Howison confirmed the minutes of 12/11/08 have been taken off of the consent agenda.

Bills of the session through 01/07/09

Receipts of the session through 01/07/09

Revenue expense report

Councilor Howison read the bills of the session. Councilor Mills stated she had questions regarding the attorney fees and requested guidance as to how to proceed with the question.

Amy Graham stated the revenue expense report is not in the packet before the council. Amy Graham stated the revenue expense report will be emailed to the Councilors on 01/09/09 and said the Councilors could contact her with any questions.

Councilor Howison read the receipts of the session.

Amy Graham stated the payment from Central Lincoln PUD had not been received as of today's date and she expects it on 01/09/09 .

ACTION ITEM

Councilor Koehler made the motion to approve the consent agenda minus the meeting minutes of 12/11/09 and Councilor Navetta seconded. After unanimous vote the motion carried.

Councilor Koehler stated he believes items are missing from the minutes of 12/11/2009 . Councilor Koehler stated under consent agenda, discussions last month, there was the quote by Councilor Koehler of "Mr. Mayor what I've put in my accepted budget request in the mid-part of this year I interpreted monies for water testing that we haven't done in anything close to our budget. This is very minimal compared to what we have spent for tests in the past in fact we have been holding back on spending for tests on Siltcoos until the State reported moved. The State isn't moving, I assume costs or tourism cost then finally to the eighth of December we spent for the test that we hoped would enable a lifting of the advisory." Councilor Koehler stated this statement is one part of the minutes and he could go on to the water quality report. Councilor Koehler recommends staff use the Attorney Generals Public Records and Meeting Manual as well as Roberts Rules of Order to ascertain how best to present public information so it stays in the context of what the Council distributes. Councilor Koehler gave the example so when the council is talking about something as important as the committees, the City should have these things written down and then be able to be posted. Councilor Koehler stated whether or not it's clear in the Attorney Generals Public Records Meeting Manual or Roberts Rules of Order is something that will have to be discussed as well as researched from the staffs' point of view.

Councilor Howison asked if Councilor Koehler wanted to make a motion to amend the minutes.

Councilor Koehler stated what this was one of the amendments and Councilor Howison asked if Councilor Koehler wants to include the entire segment under a certain page number and if Councilor Koehler could give specific directions of what he (Councilor Koehler) would like.

Councilor Koehler stated said it was under Consent Agenda whatever he wrote.

Councilor Howison asked if it was page number 7 from 1 out of 8.

The City Recorder explained that technically minutes only have to have the motion and how the motion was voted on and that they do not need to be typed word for word. The City Recorder said the staff already goes above and beyond on the minutes to inform the public so the public can read them online. The City Recorder apologized if items were not in the minutes word for word, but legally they do not need to be.

Councilor Howison asked if Councilor Koehler wanted to include the entire statement and then affirmed his belief that the City Recorder is correct. Councilor Howison stated the minutes used to be long and exhaustive and the City has a physical record of the meeting in several ways if the intent of the minutes doesn't reflect what really happened then some kind of a summary rather than direct quotes would probably be in order to amend them.

Councilor Koehler said perhaps and that could be a review on the minutes that the staff could take but what he finds is the reports don't reflect anything that was said or could be transmitted to the public by the website. Councilor Koehler noted some speakers did get noted and their information was in the minutes but the Council didn't. Councilor Koehler said he could waiver on repeating the whole thing that was said because one of the issues that came up during the water quality committee was there wasn't enough information and when you read the minutes you don't get the information.

Councilor Howison said this is an opportunity to add to the minutes and that it's very appropriate if Councilor Koehler wanted to add more specifics to the minutes, Councilor Koehler could make a specific, detailed motion, and if there is a second to the motion, the council could discuss it and then vote on it.

Councilor Koehler said he will give a written form and Councilor Howison said a summary of whatever would be enough. Councilor Howison then reminded the Council that Councilor Mills and Councilor Ruede will not take part in this vote because they were not Councilors at the time of these minutes.

ACTION ITEM

Councilor Koehler made the motion to allow what he will summarize into the minutes which is perhaps or is exactly what occurred. Councilor Koehler made the motion that the following is included into the record, what he previously said and which is written as well as Mayor Hauptman's response. This is something we have been doing for years as a repetitive act regarding the testing under water quality reports and communications and education reports. There was an indication that the water quality committee had been working on the blue green algae issue in Siltcoos by having testers Bob Mohler test regularly and the testing was in three parameters, temperature, visual, depth, and turbidity, and we updated the website so we would inform the public on issues to do with Siltcoos water and the advisory that has been now presented by the Department of Health Services and then the Committee approved that Dunes City should initiate an intergovernmental agreement with Lane County so that we could have a say on that which affects us and the Committee approved also to spend more than $500 within it's own budget for tests that would remove the DHS advisory. The test we sent on the 8th of December was about $100 and in the Communications and Education report we discussed the fact that we need to provide native vegetation and enable people to understand what that native vegetation is in the communications through the public and the best practice is that would help include for the City, on pay of services, less sediment runoff, more native vegetation, less pesticides and less phosphorus based fertilizers of course maintaining your septic system. I will pass this on to staff so that they can include that.

Councilor Howison asked if there was a second to the motion.

Councilor Quandt seconded the motion.

Councilor Howison asked if there is going to be discussion.

Councilor Navetta stated she had to agree with Councilor Koehler to a certain extent. Councilor Navetta said if it was expanded by one or two sentences, we could get the essence of what happened and it would be beneficial when research is done.

Councilor Howison said if everything was done with that sort of detail, the minutes would be like they used to be when they hired someone off site who had nothing better to do than to type word for word and the City was paying hundreds of dollars for minutes. Councilor Howison the way the City is doing minutes now is cost effective however, Councilor Howison states it is the prerogative of the Council to have more detailed minutes for certain things that they believe need to be documented better and its well within Councilor Koehler's interest to have something like this put into it.

Councilor Koehler stated there was another addition to the minutes and Councilor Howison said they need to vote on the motion in front of them.

ACTION ITEM

After unanimous vote the motion presented passed.

Councilor Koehler said there was another issue on the minutes where in previous minutes there were bullet points called "Action items" that drew the attention to the minutes so that they would know what those action items were that would include a motion later on so perhaps that could be an additional motion.

ACTION ITEM

Councilor Koehler made the motion that we include action items as action items in the right hand column so that we would be drawn attention wise to that section. Councilor Navetta seconded the motion. Councilor Howison asked if there was any more discussion then clarified this motion is not specifically related to the December minutes but in general. After unanimous vote, the motion carried.

ACTION ITEM

Councilor Koehler made the motion to accept the minutes as amended to the 12/11/09 . Councilor Quandt seconded and after unanimous vote, the motion carried.



6. Nomination of Council President

ACTION ITEM

Councilor Quandt made the motion to nominate Peter Howison to continue as president of the Council. Councilor Koehler seconded the motion.

Councilor Howison asked if there was any discussion on the matter or if there were any other nominations. There was no response.

The Council placed their ballots to vote for Council President in a box provided by the City Recorder. The City Recorder read the results of the ballots, all of which voted in favor by unanimous vote for Peter Howison.



7. Reports

Mayor's Report

    Councilor Howison announced the Council will have an executive session       meeting on 01/15/09 beginning at 6 p.m. regarding some litigation issues.           Councilor Howison stated at this meeting, Dunes City may establish a municipal court.

Parks and Recreation Committee

     Councilor Howison asked if Parks and Recreation had a report. Councilor     Quandt stated he has no report.

Site Review Committee/Grants/Police

      Councilor Howison asked if the Site Review Committee had a report.             Councilor Navetta stated it was ok.

Water Quality/Communication & Education

      Councilor Howison asked if Water Quality had a report. Councilor Koehler     stated the water quality committee met on the 5^th of January. Councilor         Koehler stated he is preparing a report in February for the January meeting because it was so close to the regular meeting, he was going to present in       February. Councilor Koehler stated the Communications and Education        Committee has no report.

Planning Commission

          Councilor Howison asked The Planning Secretary for her report.

            The Planning Secretary stated there has been no Planning Commission         meeting since the report to Council last month.

            The Planning Secretary said in the month of December, Dunes City issued 3             electrical permits, 2 addition permits, and 1 wood stove permit.

            The Planning Secretary stated future projects include re-formatting permits to            make them user friendly, follow up on properties in question, and continuing        to train front office staff.

8. New Business

Councilor Howison stated in the Charter, Section 20 of the Dunes City Code states the Mayor shall appoint with the approval of Council the committees provided by the rules of the Council. Councilor Howison said Mayor Hauptman had provided Councilor Howison with a list of his recommended appointments.

Appointment of Commission and Committee Chairs

Site Review Committee Chair:

      ACTION ITEM

Councilor Koehler made the motion to accept the Mayors recommendation to have Councilor Mills as the site review chairman. Councilor Ruede seconded the motion and after unanimous vote the motion passed.

Fire Commissioner:

ACTION ITEM

Councilor Koehler made the motion to accept the Mayor's recommendation to have Councilor Ruede as the fire commissioner. Councilor Navetta seconded and after unanimous vote the motion passed. Councilor Quandt noted this also involves Public Safety.

Parks and Recreation Commission:

ACTION ITEM

Councilor Navetta made the motion to accept the Mayor's recommendation to appoint Councilor Ruede and Councilor Koehler onto the Parks and Recreation Commission. Councilor Quandt verified that this is an appointment and that this is a motion to approve the appointment. Councilor Howison said yes this is a motion to approve the appointment. Councilor Quandt seconded the motion and after unanimous vote the motion passed.

Water Quality Committee Chair:

ACTION ITEM

Councilor Navetta made the motion to accept the Mayor's recommendation to appoint Richard Koehler as the Water Quality Chair and Councilor Quandt seconded. After vote 4:1 with Councilor Mills opposed the motion carried.

Communications and Education Chair:

ACTION ITEM

Councilor Mills made the motion accept the Mayor's recommendation to appoint Councilor Navetta as the Chairman of the Communication and Education Committee. Councilor Ruede seconded the motion and after unanimous vote the motion passed

Community Center:

ACTION ITEM

Councilor Koehler made the motion to accept the Mayor's recommendation to appoint Councilor Navetta as the Community Center person. Councilor Mills second the motion and after unanimous vote, the motion passed.

Police Commissioner:

ACTION ITEM

Councilor Koehler made the motion to accept the Mayor's recommendation to appoint Councilor Navetta as the Police Commissioner and Councilor Quandt seconded. After unanimous vote, the motion passed.

Conservation Committee Chair:

ACTION ITEM

Councilor Quandt made the motion to nominate Peter Howison as the Chair of the Conservation Committee and Councilor Navetta seconded. After unanimous vote, the motion passed.

Road Commission Chair:

Councilor Howison said the Chair of the Road Commission is next and clarified that again, the Mayor has "recommended" Robert Quandt to be the Chair of the Road Commission.

ACTION ITEM

Councilor Ruede made motion to accept Robert Quandt as acting Chair of that Commission and Councilor Koehler seconded. After unanimous vote, the motion passed.

Commission and Committee appointments

Communications and Education:

Councilor Howison stated the Mayor was recommending the Council appointment April Dumas to Communications and Education.

ACTION ITEM

Councilor Navetta made the motion to appoint April Dumas to Communications and Education and Councilor Ruede seconded. After unanimous vote the motion passed.

City Recorder requested the people who are appointed, if they are in attendance, to approach her so they can receive the description of the job.

Water Quality Commission:

ACTION ITEM

Councilor Koehler made the motion to accept the Mayor's recommendation to accept David Dumas, Ralph Farnsworth and Ken Henderson to the water quality committee and Councilor Quandt seconded.

Councilor Howison asked if there was any discussion.

ACTION ITEM (CONT.)

Councilor Mills moved to amend the current motion to allow to consider one applicant at a time.

Councilor Howison asked if that is what the Council would like to do and there was no response. Councilor Howison reminded the Council that there was a motion on the floor and that there was a second.

Councilor Howison asked for all those in favor to nominate those three for the Water Quality Commission say aye and there were 3 ayes. Councilor Howison asked for those opposed to say nay and there were 2 nays. After vote of 3:2 the motion carried.

Councilor Mills requested a roll call on the vote.

Councilor Navetta voted in favor of appointing the three proposed applicants.

Councilor Quandt voted in favor of appointing the three proposed applicants.

Councilor Koehler voted in favor of appointing the three proposed applicants.

Councilor Ruede voted in opposition of appointing the three proposed applicants

Councilor Mills voted in opposition of appointing the three proposed applicants.

Councilor Howison stated the motion carries.

Conservation Committee:

Councilor Howison stated the Mayor recommends Fred Hilden and David Dumas to the Conservation Committee.

Councilor Mills asked if the City knew the status of David Bellemore's possible resignation. Councilor Howison stated a resignation had not been received.

Councilor Howison stated because he was going to be Chair of the Conservation Committee and as Acting Mayor, he would like to go along with the Mayor's recommendation as well to appoint Fred Hilden and David Dumas to the Conservation Committee.

Councilor Quandt said there is a question of the Conservation Committee in regards to ordinance 198. Councilor Quandt said the status of the ordinances finality was in question and perhaps this should be taken into account before appointing members to the Conservation Committee.

Councilor Koehler stated perhaps the Council should review the minutes of 12/11/08 .

Councilor Howison stated there are two motions, one to approve the second reading, and one to pass the ordinance.

Councilor Quandt said since clarification appears to be necessary, the Council should wait and move one with the next.

Councilor Howison said he believes the Committee needs to be filled and asked if there was any help from the person who prepared the minutes.

Councilor Mills said the Council just voted on the motion for the second reading.

ACTION ITEM

Councilor Quandt made the motion to table the appointments January 15^th Special meeting. Councilor Quandt withdrew his motion.

Councilor Quandt made the motion to table the appointments until the February meeting. Councilor Koehler seconded the motion.

Councilor Howison said if the ordinance wasn't passed, then they should pass it and questioned what good it does to delay the appointments if the same problem is there.

Councilor Quandt said the Council would address the issue on the January 15th meeting.

The City Recorder stated the Council could not pass the ordinance today because it is not on the agenda. The City Recorder stated if the ordinance was passed on the 15th, there is a 30 day waiting period so the Council would not be able to make the appointments at the February meeting.

Councilor Mills asked if this would hold up any building projects or concerns.

Councilor Howison stated it would only hold up involving people in things that need to be done.

Councilor Navetta stated the ordinance is to expand the committee.

Councilor Howison asked if prior Councilor, Jerry Curran remembered this.

Jerry Curran stated from the audience that he originally proposed this ordinance; it's been read, voted on twice, and unanimously approved. Jerry Curran said it is done.

Amy Graham stated from her understanding, ordinance 198 passed according to the tape, and ordinance 199 is the one that should be in question.

Councilor Howison said he felt the City should fill the two positions and if the Council is incorrect they will find out next week. Councilor Howison said if they are incorrect then the appointments could be delayed. Councilor Howison stated the Council should have changed the minutes and questioned if it was too late to do so because they are in the current meeting as the approval took place.

ACTION ITEM

Councilor Koehler suggested he remove his second and recommend the original motion be tabled and leave this to legal council before the 15th of next week. Councilor Koehler stated the Council tentatively accepts them pending the approval by legal council.

Councilor Ruede said she believed the Council should go ahead with the motion and either it passes or doesn't pass. Councilor Ruede said afterwards, Councilor Koehler could make is second.

Councilor Howison clarified the motion by saying the current motion is to table until legal council reviews.

Councilor Ruede said, then if the Council agrees that they want to handle it some other way, the Council could vote no and then present a new motion.

Councilor Quandt stated Councilor Koehler withdrew his second and Councilor Howison said if Councilor Koehler withdrew his second, it didn't matter because it's gone.

City Recorder, Amy Graham suggested if the Council took a 10 minute recess she could go into her office and review the tape.

Councilor Koehler said legally recordings are not applicable, that it's all in the minutes that the Council is dealing with the law here.

Councilor Howison said he believed there is no reason as this is the same meeting, if the Council made an error regarding the minutes, the Council should correct those minutes and then go ahead and amend them at this meeting. Councilor Howison said the Council corrected them once and the voted on it.

Councilor Howison stated the meeting will recess for 10 minutes at 8:02 p.m. to check the tape to see whether or not the Council can fill the two positions.

The meeting reconvened at 8:14 p.m.

Councilor Howison stated the issue of ordinance 198 had already been researched and that the city attorney agrees ordinance 198 has passed, that approving the second reading by roll call vote unanimously does pass the ordinance so there is no question that ordinance 198 which expanded the Conservation Committee to 5 members is indeed currently in law.

Councilor Howison said he would like to entertain a motion for recommendations for committee members.

ACTION ITEM

Councilor Quandt made the motion to approve the Mayor's recommendations and appoint Fred Hilden and David Dumas to the conservation committee. Councilor Navetta seconded and after unanimous vote the motion carried.

Planning Commission:

Councilor Howison stated there are many applicants and the Mayor is recommending Dennis Smith and Marilyn Miller.

ACTION ITEM

Councilor Koehler made the motion to accept the Mayors recommendation of Dennis Smith and Marilyn to the Planning Commission. Councilor Navetta seconded and Councilor Howison asked if there was discussion.

Councilor Ruede stated she would like to go on record with the recommendation that she believes two persons, George Burke and Lee Riechel have been serving on this Commission and have a great amount of experience.

Councilor Mills said regarding one of the candidates up for recommendation under this motion, she has personally heard state if the situation arose where a choice had to be made between the code and personal feeling that there would be a selection for personal feeling. Councilor Mills said she is concerned of this person not following the code.

Councilor Koehler stated what is being brought up is conjecture and it shouldn't be allowed in council.

Councilor Howison stated it is hear say and he agrees that without specifics it's not constructive. Councilor Howison said if the Council wants to make an accusation then the people are present and the Council had talked about possibly having the opportunity to talk to interview but at this point in time there is a motion on the floor along with a second.

Councilor Navetta stated she has read all of the resumes stating Marilyn Miller has served on the Planning Commission and Conservation Committee in the past. Councilor Navetta stated Dennis Smith in his personal life is very familiar with the Commissions work. Councilor Navetta said she thinks they would be good candidates.

ACTION ITEM

Councilor Quandt said he would like to call it to question and Councilor Howison asked all those in favor. There were 3 ayes. Councilor Howison asked for those opposed and there were 2 nays. By vote 3:2 the motion carried.

Road Commission:

Councilor Howison stated the recommendations from the Mayor for Road Commission are Jerry Curran and Troy Sathe.

ACTION ITEM

Councilor Quandt made the motion to approve the recommendations of Jerry Curran and Troy Sathe to be appointed to the Roads Commission and Councilor Navetta seconded. Councilor Howison asked if there was any discussion. There was no response. After unanimous vote the motion carried.

City Recorder, Amy Graham stated there were two resignation letters, one from George McKenzie and Linda Lauck so there are two more seats available for the Roads Commission.

Councilor Koehler said he understands that had the Council not been presented with the information before the Council meeting that the Council should extend it to the next meeting to decide. Councilor Koehler said sometimes these things come up all of a sudden and the Council is not apprized to it so he believes it should be put off until next month.

ACTION ITEM

Councilor Ruede made the motion to appoint Fred Hilden and Michael Smith to fill the vacancies and Councilor Mills seconded the motion.

Councilor Howison asked if there was discussion and Councilor Quandt stated he agreed the Council should wait because it just came up and the Council needs more time. Councilor Quandt stated he believes it would be best if the Council voted for the appointments at the next meeting.

Councilor Mills stated the applicants and their resumes are before the Council and the Council has had ample time to review the applicants, their resumes, and their histories. Councilor Mills she doesn't believe waiting is a wise move and she would object to any such action. Councilor Mills stated she believed the Council is plenty ready to vote on the motion at this point.

Councilor Ruede asked why councilor Quandt wanted to table the vote.

Councilor Quandt stated because the issue came up just this evening, the Council should give more opportunity for time on the issue. Councilor Quandt stated this is not a problem that needs to be taken care of tonight necessarily. Councilor Quandt said because this is something the Council can do at the next meeting it doesn't matter if the Council waits.

Councilor Navetta stated she agrees with Councilor Quandt's' evaluation. Councilor Navetta said if the Council takes in any paper that's given to them at a meeting; the Council subjects them selves to accepting hundred page reports. Councilor Navetta said the line needs to be drawn somewhere and the rule is that the Council doesn't accept new material at a meeting.

Councilor Mills stated this item is on the agenda for tonight and the application period for submitting applications closed December 31st so it's not likely that other applications will be garnered. Councilor Mills said secondly, the bills of the session showed up tonight when she arrived and if Councilor Navetta's statement were true, the Council would not be able to act on the Bills of the Session.

Councilor Quandt stated they would be appointing people before they received resignations.

Councilor Howison said the resignations have been received as they were on the dais.

Councilor Koehler stated the Council didn't receive the resignations in a time specified by typical operating procedure in the meeting manual.

Councilor Howison gave his opinion that he believed Mr. Hilden should be on the Road Commission as despite ping pong balls, he would be sitting at the dais right now. Councilor Howison stated Mr. Hilden wants to get involved and Councilor Howison surely thinks he should be on the Road Commission and delaying it one month should not change the outcome.

Councilor Navetta and Councilor Ruede said they thought they should call it to question.

Councilor Koehler said there haven't been any recommendations from the Mayor on the two appointments that would fill these positions which is a reinforcement to delay to next month.

Councilor Howison stated the Mayor does usually give a recommendation.

ACTION ITEM

Councilor Howison asked all those in favor 3 said aye. Councilor Howison asked for those opposed and no one spoke. Councilor Howison stated the motion carried.

Councilor Howison stated the first appointments would be full terms and the replacements or the vacancies would have shorter terms as they are filling the terms of the people who resigned.

Councilor Koehler said regarding the Budget Committee, there was one person who had term that was not designated.

Councilor Howison agreed two positions were filled on the Budget Committee. Councilor Howison asked Councilor Koehler to bring that topic up at the next meeting where they could determine the terms by random lot.

Councilor Koehler said he thinks the City Recorder realizes this anomaly so he will leave to staff.

Councilor Howison said they would need to draw lots and asked the City Recorder if she understands what Councilor Koehler is talking about as they are not clear on who gets which terms. The City Recorder said she understood.

Councilor Howison asked if the Council assigns the City Recorder to randomly flip a coin.

Amy Graham said she wasn't the Budget Officer last time, but from what she understands, there was a question last year on terms and it was decided at the first budget meeting who was going to fill which term.

Councilor Howison said last year there was an extra member on the Budget Committee so he would like the City Recorder to verify the number needed.

Councilor Navetta said Bob Read was already appointed so his position should be firm.

Councilor Koehler said maybe if they could understand that Janet Carroll was a duplicate of assignment and that's a null position or she doesn't expire until 2010 and Fred has the expiration in the Budget Committee of 2009 because he took over Rebecca Ruede's position.

The City Recorder agreed stating what Councilor Koehler said sounds right.

Councilor Koehler said, and then there is no need to bring this up.

Resolution 1-8-2009 to establish a building surcharge on all permits

Amy Graham stated this resolution needs to be opened up for public comment before it can be passed.

Councilor Koehler asked how the fee was attained and by what reference the City got the figures. Councilor Koehler asked if it was a reference of another City.

Amy Graham said in the past Dunes City has always charged a City Administrative fee and the State has changed it so where the City is no longer allowed to use the verbiage City Administrative fee any longer. The City Recorder the verbiage has been changed to Building Surcharge.

Councilor Koehler questioned the 7% and $25.00 fee.

The City Recorder said the City has always charged the greatest of 5% or $20.00 and other Cities charge even more than what is presented tonight.

Councilor Mills clarified language of the resolution stating 7% of the value of the permit application. Councilor Mills asked if this replaces monies Dunes City is already receiving and that it's just a new name.

Amy Graham answered yes.

Councilor Mills said, so Dunes City gets to keep the money?

Amy Graham said this is one reason why the City has this as The Building Department keeps 75% of all fees brought in. Amy Graham said this is one portion that The Building Department gets no percentage of.

Councilor Mills asked if The Building Department is aware of this and Amy Graham said yes.

Councilor Mills said that ORS requires that all actual costs are reimbursable by the applicant and asked if this fee is part of that.

Amy Graham said the Planning Secretary had talked to the State. Amy Graham said they have done a lot of research on this to make sure the City could do this and that the verbiage the City uses was correct. Amy Graham said the State said this was fine so long as the City uses the words "surcharge" and it has to be on all permits.

Councilor Ruede asked, for further clarification, if the percentage is being increased or if it is just a swap.

Amy Graham said it is increased slightly as it was 5% and $20.00 and will now be 7% and $25.00. Amy Graham reiterated that the City Administrative Fee is now going to be called Building Surcharge.

Councilor Howison asked if the City Recorder knew when the amount was changed last and the City Recorder said no.

Councilor Howison asked if the City advertised this as a public hearing.

The City Recorder said it does not have to go for public hearing. Amy Graham said she spoke to the City Attorney and to the State. Both entities said the City needs to allow people in the audience to comment if they would like as in a public comment period but not as a public hearing.

Councilor Howison asked if there was anyone who would like to speak.

Judy Martin 83750 Rio Dr.

Mrs. Martin asked if the Building Department contract needs to be revised and Amy Graham said no. Mrs. Martin asked to clarify fees and Amy Graham responded.

Councilor Howison read the resolution by title and in its entirety.

Councilor Howison asked if there were any other comments or suggestions.

George Burke 4838 Lake Blvd.

Mr. Burke stated the 7% isn't clarified as it doesn't say where the percentage is taken from or what it's calculated off of.

Councilor Quandt asked if they should insert the words "to the permit fee" after "7%".

Councilor Howison said he thought that makes it clear.

Councilor Mills asked the City Recorder if it's 7% of the permit project or is it 7% of the permit fee.

City Recorder said it's 7% of the total of the permit.

ACTION ITEM

Councilor Quandt made the motion to insert the words "of the permit fee" after "7%" and before the word "or". Councilor Mills seconded and after unanimous vote the motion carried.

ACTION ITEM

Councilor Koehler made the motion to accept the resolution number 01-08-2009 resolution establishing a building surcharge to all permits. Councilor Quandt seconded and after unanimous vote the motion passed.

9. Unfinished /Old Business

Review Engineering Contract

Amy Graham stated the Council has copies of the proposed changes of the engineering contract and those proposed changes from the attorney are marked in red.

Councilor Mills stated she has a lot of questions.

Amy Graham said the city attorney suggested the council take their time to really look the contract over and if they want to take more time to study it she would suggest the Council table it until the special session next week. Amy Graham said at the special session, the Council can ask the attorney any questions they may have.

ACTION ITEM

Councilor Mills moved to table this to the special session meeting and councilor Ruede seconded. After unanimous vote, the motion passed.

Atkeson Map/Tax Lot # 19-12-27-40-02200 Staff Report & Conservation Committee Report

Councilor Howison stated he wasn't sure if there was any need to discuss this as there is going to be an evidentiary hearing at the February City Council Meeting.

Amy Graham stated it was her understanding that the Mayor wanted staff to submit their report at this time instead of waiting for the evidentiary hearing so the Council could either go with the recommendations of the staff or to table it and still continue to have the evidentiary hearing in February.

Councilor Howison said he thinks the solution to this problem, and for those who aren't aware of it, along Woahink Creek between Siltcoos Lake and Woahink Lake, a property just inside of the City, without permits, a gazebo was built right beside a stream, various other infractions, somewhat admitted infractions he believed at this point, including grass up to the stream and other items that need to be discussed and documented. Councilor Howison said the Conservation Committee has gone out and documented these and it's a complex ongoing thing that’s happened since April of last year when it started when heavy machinery was observed on this property and the City had no access to it. At that point the City Recorder put a stop work order on it and its taken months to get any information from the people who either did own or now own this property. Councilor Howison said he believed the Council needs more time to sort thorough all of the information and have an evidentiary hearing to get the people involved to come to the City and talk to the Council to tell them what's going on so the Council can make a fair judgment on what needs to be done about it. Councilor Howison advised the Council they have many pictures and a lot of information regarding the property.

ACTION ITEMS

Councilor Ruede made the motion to table further discussion on this topic to the evidentiary hearing at the regular council meeting in February. Councilor Koehler seconded and after unanimous vote, the motion carried.

Ocean Blvd review of proposals to return the riparian area back to its original state

      The City Recorder stated one of the proposals in front of the Council has        been changed as Jim Barmore had done a little more research on   what is            needed. The City Recorder announced the gentleman who changed his      proposal is present if the Council has any questions.

Councilor Koehler asked the City Recorder when she went through the process with the property owners on Ocean Boulevard , if she asked the owners if they were going to use the same person who did the disturbance in the first place.

Amy Graham stated it is not up to the property owners to decide who is used to return the riparian area back to its original state. Amy Graham said she was told the contractor who did the original work is not interested in putting it back to its original state.

Councilor Koehler asked if the original contractor has collected funds from the property owners.

Amy Graham said the original contractor has collected funds from both property owners and, both property owners to her knowledge have been reimbursed by City County Insurance. Amy Graham said she was instructed by the Mayor and by City County Insurance to get new proposals to have the property returned to its original state. Amy Graham said they called several people and these are the only two companies who have submitted proposals.

Councilor Koehler asked if these two proposals include that it would be returned to the state that’s included in the Comprehensive Plan for natural vegetation and not just grass.

Amy Graham said from her understanding, they are going to be just putting in grass and if the City wants more, then the City will have to instruct the contractors of what they are wanting.

Councilor Navetta said at the November council meeting, it was discussed and the council came to the conclusion that grass was not sufficient and that it had to be better vegetation than that. Councilor Navetta said it was her belief that she was going to meet with the people to discuss the installation.

Councilor Mills said she had the understanding at the November meeting there would be an agreement with the residents to put the land back to its original state then questioned what defines the original state.

Councilor Howison said this is a public right-of-way so the City should be able to decide if it should be put back the way it was, or the way it should be.

Councilor Navetta said one thing that happened when the excavator came out there, is he compacted the soil to such a degree that nothing will grow in it and so that earth needs to be removed and new earth needs to be put down so that eventually natural vegetation can come up. Councilor Navetta said you have to put in primary vegetation in order to get secondary in other words you have to put something in to encourage it.

Councilor Ruede said she parked in one of the areas shortly before all of this started happening because she was at the dock. Councilor Ruede said she looked at the gravel that is there now and it was her understanding from the past meeting the citizens just wanted everything to be left. Councilor Ruede said she thinks the weeds will eventually grow back and it would be returned to its original state and it will save the City $3,000.

Councilor Howison clarified with the City Recorder that this is an insurance claim.

The City Recorder said it’s a question still. She said the City can still try to submit the remainder amount to the insurance company and she doesn’t know if they are going to pay it. She said they did pay out to Mr. Middlestadt and Mr. Stroud what has already been spent but she doesn't know if the insurance company is going to cover this and it might have to come out of the city funds.

Councilor Mills said given this particular time of year although spring is coming, would it be possible for the council to have a workshop with the residents of the area and questioned if the council would think it is necessary.

Bill Johnson 82824 Ocean Blvd.

Mr. Johnson stated he has photographic evidence that is very conclusive that the vegetative state was grass in the past. Mr. Johnson said about 20 years ago, the area was gravel. Mr. Johnson said he also has photographic evidence when their house was build in 1998 showing at that time it was grass.

Councilor Howison asked Mr. Johnson if people mowed the grass or if it was just run down because people were parking on it and how was it maintained.

Mr. Johnson said the grass was mowed regularly by all of the residents and it was very nicely cared for and he would be very happy to see it returned to that state but the material that has been put in there is no gravel, it is base course for pavement and it’s a very different thing.

Amy Graham said it is included in the contract that this part is removed and bringing in new top soil and planting seed.

Amy Graham said one of the contractors was present if they would like to allow him to speak or answer any questions.

Councilor Koehler asked Mr. Johnson, because he is familiar with road building from his past history, how deep the base course as it is vibrated down really deep is and wondering how much needs to be pulled up.

Mr. Johnson said it would depend on the type of pavement they were planning on but his estimate is there is no more than 4" of compacted material and the property in front of the Stroud's place, the material was placed but it was never compacted and there is evidence of grass growth in certain spots.

Councilor Koehler said he is thinking since the City, we're the ones who are volunteering and a lot of committee members are volunteering in order to maintain the city, we are emissaries so that we don't tax people, we don't enable these charges to come through, we are the free guys do you see any possibility Mr. Johnson that we could get a volunteer effort in order to maybe from contractors or anyone to help return that to its original state in service like we are to the city.

Mr. Johnson said only if the City has about a dozen dump trucks because the material that was hauled in there was hauled in there by any number of dump trucks so to haul it away you are going to have to have those dump trucks again. Mr. Johnson said the city might check with the people who did the work originally as to how many dump truck loads they've hauled in but the answer is no, its not something that couldn't be done by a volunteer work party, it will require people with equipment.

Amy Graham said speaking to what Councilor Koehler just said about getting one of these contractors to volunteer, she said she would like it to go on record, thanking Mr. Barmore, one of the contractors, because he did volunteer and he is not even a Dunes City Resident, but he volunteered to come in and take care of the City's parking lot when we had all of the snow and ice a couple of weeks ago, and he did it free of charge. Amy Graham said she would like to take a moment to thank him for doing this.

Mr. Johnson said he had one more comment to make. Mr. Johnson said at the last meeting when the parking situation was resolved, they did all agree to allow parallel parking for residents across the street and if they plant Salal all the way up to the street, they would be able to park in the Salal so he thinks the logical solution is to return it to the grass state like it was before all of this happened.

David Bellemore 83548 Salal

Mr. Bellemore said he is a member of the Conservation Committee because the 50' zone around the lake and riparian areas are of particular concern of his. Mr. Bellemore said the compacted gravel area is in the 50' riparian zone. He stated grass is forbidden by the codes of Dunes City . When it was grass, it was grandfathered however, when it was altered, the grandfathering seized to exist therefore the area needs to be brought to a natural state. He said if the City allows the grass then the city is in a position of violating its own ordinances. Mr. Bellemore said the city should enforce no mowing within 3 feet.

Councilor Howison said this area is not really grandfathered in because a city right-of-way. Councilor Howison said if you're on the lake, you're grandfathered in because in 1979 or whatever it was, that ordinance was passed that said, and it's very vague, but it says you can also maintain property the way it was so if this was in the city right-of-way, he would think the council could decided to have it re-vegetated in what ever way they think appropriate. Councilor Howison said his comment would have to be verified with the charter.

Councilor Navetta asked what Councilor Howison thought the State would like to have planted there because it's the States property.

Mr. Bellemore said he could also point out, as far as the residents are concerned, they can still park off the road because the 50' zone doesn't extend up to the road and even if it did the roads right-of-way might trump it but his main concern is something that is grandfathered in, in the protected zone, is changed, if you put it back the way it was, but it’s a violation of the ordinance, the city is in a position of violating its own ordinance.

Councilor Howison said he believed the city owes to the citizens, a strip of land to be able to park their cars. Councilor Howison mentioned the importance of the 50' setback and decreasing the amount of nutrients entering the lake.

Councilor Navetta and Councilor Mills said there are native seed blends that can be used that aren't necessarily lawn.

Councilor Howison said the city needs to authorize the planning commission to address the re-vegetation of the area along ocean blvd.

Councilor Koehler said if you look at the comprehensive plan, you will find there is an adequate description of all native plants around both lakes, and if the city followed that plan then the conservation committee and the planning commission could talk it over. Councilor Koehler said this could be an adequate solution as far was what goes there.

Councilor Ruede said it would be prudent to keep the cost down and to explore alternatives that would be of minimal costs if the City is going to have to pay for it.

Amy Graham said the Council can choose to send the topic to the planning commission and she could call both of the contractors that neither one of their proposals was accepted and once the planning commission comes back with their recommendation we can submit that to the contractors to get new proposals.

Jim Barmore 4260 Mitchell loop Florence, OR

Mr. Barmore said he was asked to come tonight to state more facts. Mr. Barmore said with what is currently there, the ideal thing to do would be to put it back to a native state as far as whatever vegetation the City wants, but if the City is going to put it back to where the people are just going to drive on it, the City needs to do a good job. If no one was going to park on it, you could just throw down some dirt.

Councilor Howison said the citizens will be parking on the area occasionally. Councilor Howison said the need to decrease sediment, and oil entering the lake.

Mr. Barmore said it's important to have a good compaction job because people will be parking.

Councilor Koehler said the mail problem is that this area is a riparian area that goes from the lake up to the road and should be a no touch zone.

Mr. Barmore explained ways to keep the costs down and explained his two different plans.

Councilor Koehler asked what takes place when they aerate the area and Mr. Barmore responded.

Councilor Navetta said parking is supposed to be allowed along the perimeter (6-7 feet along the road) and not the entire area.

Councilor Howison asked if there was anyone present on the Council that feels comfortable making a decision on this.

Councilor Mills said she is not clear on what needs to be done and it's not fair to ask the Council to consider these bids because she's not even sure the contractors are clear on what needs to be done. Councilor Mills said she would like this to go either to the Conservation Committee or the Planning Commission for a plan.

Mr. Jerry Curran 5600 Shady Lane

Mr. Curran said there is already a plan developed, and that within the riparian area, the conservation committee has specs in terms of what plants should go there. The booklet lists specific plants that should go there. Mr. Curran said the answer is right there in the book and the council just needs to read it.

Councilor Howison stated his opinion is that they allow so many feet from the road to be allowed for parking and the rest of the area should be kept with natural vegetation.

Councilor Quandt said since the scope of work needs to be better defined; the council should either refer this to the planning commission or the conservation committee to make a proposal for defining the scope of the work.

ACTION ITEM

Councilor Navetta made the motion to refer this subject for a recommendation from the Conservation Committee. Councilor Quandt seconded the motion after unanimous vote the motion carried.

Councilor Koehler asked for the Roads Commission to verify ownership of Ocean Blvd.

10. Citizen Input on Unscheduled Items

            Shawn Bedsole 4844 Fishmill Way

Mr. Bedsole read the attached documents to the Council and Citizens present.

Councilor Koehler said the actual toxicity on the algae bloom this time hasn't been verified and it's in one of the "could be" a strain of toxic algae blooms. Councilor Koehler said also, Dunes City has a perimeter of 1/8th of Siltcoos Lake , that Siltcoos has Douglas County , Siltcoos has Lane County , and Siltcoos also has the U.S. Forest Service as well as Dunes City . Councilor Koehler said the City's responsibility goes in so far as stewardship to the lakes, as the lakes are not owned by Dunes City . Councilor Koehler said Siltcoos is not owned by Dunes City , it is State water and the City is providing a service as stewards to the lake so that the City can use good science to prevent any further problems on the lake. Councilor Koehler said the City's testing took place since the advisory came in on the 28th of October and the City has been holding test which means the City is freezing tests until the State gives the City the funds in order to lift the advisory. Councilor Koehler said the City did send one and the City did put the money out in order to lift it in the middle of December, and the City is waiting for the results of this test with the seasonal winds, and rain, it should be lifted within a few weeks.

Councilor Howison verified that the City is following the appropriate protocol that is set in place.

Councilor Koehler said he is sure the protocol had been presented to the Council once and he will review his documents. Councilor Koehler said the Water Quality Committee does have a protocol.

Councilor Howison said there is a protocol and the City has been following that protocol. Councilor Howison said it is worth discussion at some point at least to begin the process of evaluating how the City dealt with this algae bloom. Councilor Howison said he thought with the first algae bloom, some people would say there was an over reaction but the City didn't know what was going on and the Mayor at the time was told this could be poisonous so he spread out the word. Councilor Howison said the City only tested 3 times for active toxins and they were very expensive as they cost $10,000 and the City really didn't get any help from anyone so this time the City had a measured response and the City thinks its time to get some input on how we did this time as well. Councilor Howison said next time the City will do even better and he thinks the City is doing better with this approach and his personal opinion is that he wishes the City had a budget to maybe do 3 tests maybe do a test somewhere nearby where the algae is, for the actual toxins because that might help the people to decide to whether they will shower or drink the water because right now unlike last year, most people are ignoring the advisory and that may not be a good thing.

Councilor Mills said Mr. Bedsole mentioned in his letter that did request information on what actions they were aware were effective against and she would be curious to see what their answer was, to any of that, and so she would ask the Chairman of that committee to contact the Oregon Harmful Algae Bloom surveillance program and ask that very question.

            Councilor Howison Mr. Bedsole is very concerned about this as he obviously l           lives on Siltcoos Lake, he has a business on Siltcoos Lake and for those of us who receive some of his emails, the City can't ignore this kind of input and the       City needs to address the concerns.

Councilor Koehler said another point is that for the past year, The University of Portland personnel has been testing and scouting out Siltcoos for the EPA's designation to Siltcoos as an impaired body. Councilor Koehler said this designation was given 10 or more years ago and it is finally coming up to their conclusions from the State to what people can do to eliminate that so of course there is going to be these adhock groups regarding the algae and harmful algae but initially it comes from the EPA which is designated Siltcoos Lake as an impaired water body because of warm streams and weeds these are basic criteria behind that 303 D which is what the EPA designated for Siltcoos. Councilor Koehler said a lot of problems can be resolved by waiting for their study and adhering to some of their suggestions for a solution so he is being patient for waiting for their conclusions in their study and so is the EPA.

Norman Martin 83750 Rio Dr.

Mr. Martin said several months ago he read into the record his complaint of Dunes City not following the Oregon Constitution by using the road funds for purposes they are not allowed to do. Mr. Martin said nothing has happened. Mr. Martin said there should have been a follow up as to whether he is correct or just whistling in the wind. Mr. Martin said this is an important thing and he would like it to be followed up on and put to rest.

Councilor Howison said he would give Mr. Martin another 3 minutes however, he spent the first minute by attacking the members of the City Council and Councilor Howison there will be no more personal attacks.

Mr. Martin said he read in the minutes of one of the previous meeting where an owner of some property had been fined. He said there is a protocol of how fines are made against property owners.

Councilor Quandt did state there was a conversation about the Oregon Constitution where they tried to narrow the scope of Mr. Martin's complaint. Councilor Quandt said it came down to the difference of opinion of the definition of the word "street". Councilor Quandt said the issue hasn't been forgotten but where it stood, there was a letter sent to the attorney general and if the city is able to see the letter, then maybe it would clarify the issue and no judgment can be made without viewing the letter.

Amy Graham said as far as a resolution or an ordinance to establish fines, there is one and it is resolution number 5-12-05 and the council has a copy of that resolution in their packet under the planning staff report which showed how the suggestion for the fine for the Atkeson came about.

Councilor Quandt said as the Recorder just mentioned the fine in regards to the Atkeson property was based on the very procedure protocol that Mr. Martin is bringing up. Councilor Quandt said this proposed fine is based on the required criteria.

Councilor Mills said she knows there is an executive session to discuss legislation coming up soon, but she just wanted to let Mr. Martin and other citizens know that the due process rights that may or may not be violated as a result of the fining process will come up at that meeting because she too has a concern to make sure the due process rights are honored.

11. Adjournment

ACTION ITEM

Councilor Quandt made the motion to adjourn and Councilor Ruede seconded. After unanimous vote, the meeting adjourned 9:49 p.m.