Dunes City Council

M I N U T E S

May 14, 2009 - 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 7:01 PM .  Roll call was taken by Dunes City Recorder, Amy Graham.  

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

Others Present:   City Recorder Amy Graham , Planning Secretary Lisa Ekelund, and 23 members of the community.  

  1. PLEDGE OF ALLEGIANCE

The Mayor, city council, office staff and citizens present joined in the pledge of allegiance.  

  1. CONSENT AGENDA

·        City Council Minutes from 04/09/2009

·        Bills of the Session through 05/08/09

·        Receipts of the Session through 05/08/09

·        Revenue Expense Report  

Councilor Howison made the motion to accept the consent agenda as submitted.  The motion was seconded by Councilor Quandt.  The motion passed unanimously by vote of 6 ayes and 0 nays.  

  1. ANNOUNCEMENTS / CORRESPONDENCE

  1. MAYOR'S REPORT

The Mayor announced the artists for the months of May and June are Leo Ellingson and Pattie Brooks Anderson.  The Mayor stated Dunes City hired Fred Hilden as the new Administrative Assistant and welcomed him to the staff.  The Mayor announced that the city has had some issues with the draft stormwater ordinance and the council will not hold the scheduled hearing this evening.  Mayor Hauptman announced there will be a CCI meeting to be held on June 9, 2009 at 6:00 PM .  Mayor Hauptman said the public is invited to this meeting and the City would like as much citizen input as possible.  

The Mayor said committees can only recommend their conclusions to the City Council.  The Mayor said this means committees cannot send letters to residents without going through the office and the Council first.  The Mayor said this applies to all written communications such as reports, newsletters, and mass emails to the public.  Mayor Hauptman said one committee's position on an issue does not speak for the city. 

 The Mayor gave recognition to Councilor Rob Quandt and The Road Commission for the rapid response to the 6' diameter fallen spruce tree at the intersection of Huckleberry Ave. and Fir St.  

The Mayor said on all of the tax bills under general government totals, there is a tax that he believes is the money that Dunes City residents pay to the county general fund.  The Mayor said he and John Stead have talked about this and have extrapolated that the total amount coming from the Dunes City property owners is somewhere around a quarter of a million dollars.  The Mayor questioned why the City is treated as the step children of the county, unable to get even a minimum of services.  The Mayor said this taxation for no benefit is an area that the Revenue Committee is looking into.  

  1. COMMISSION AND COMMITTEE REPORTS  

·        A report of the Communication and Education Committee was received by Councilor Navetta and placed on file.

·        A report of the Community Center was received by Councilor Navetta and placed on file. 

·        A report of the Conservation Committee was received by Councilor Howison and placed on file.

·        A report of the Ordinance Review Committee was received and placed on file.

·        A report of the Parks and Recreation Committee was received and placed on file. 

·        A report of the Road Commission was received by Councilor Quandt and placed on file.

·        A report of the Site Review Committee was received by Councilor Mills and placed on file.

·        A report of the Revenue Committee was received by Councilor Mills and placed on file. 

·        A report of the Water Quality Committee was received by Councilor Koehler and placed on file. 

 Councilor Koehler stated the council has been given a protocol packet for review.  

Councilor Koehler made the motion that the potential incident involving lake water quality the protocol to be established by city staff and also the protocol that's established for water testers, algae bloom monitoring and reporting the approved to be part of the record.  Councilor Mills seconded the motion.  The motion passed by unanimous vote of 6 ayes and 0 nays.

Councilor Mills asked Councilor Koehler to send grant information to her so they don't double         up.  Councilor Koehler said he has nothing in motion. 

            The City Recorder stated that anyone applying for grants should submit them to her to have them   on file. 

·        A report of the Planning Commission was received by Planning Secretary, Lisa Ekelund and placed on file. 

  1. NEW BUSINESS

·        Ordinance #200 – An Ordinance amending and repealing Ordinance #176 and Chapter 91 of the Dunes City Code.

Mayor Hauptman read Ordinance #200. 

Councilor Quandt clarified that on item D, the item that was changed was that "site review" was taken out.

 Councilor Mills said she would like to move to add additional language and asked the Mayor if this is an option. 

 Mayor Hauptman said this is allowed.

 Councilor Mills said she would like to add under section 1, paragraph 9 violations in the shoreland zone and riparian corridor including but not limited to vegetation removal, soil erosion and other activities effecting water quality as delineated in Dunes City Code.

 Mayor Hauptman clarified that Councilor Mills would like to add "as delineated" and Councilor Mills said yes "as delineated in Dunes City Code."

 Councilor Howison asked if Councilor Mills could make this as a motion and Councilor Mills said this was her motion.

 Councilor Ruede seconded the motion.

 Mayor Hauptman said they have a motion and a second and asked if there were any comments.

 Councilor Quandt asked if they should use "delineated" or "defined".

 Councilor Mills said "defined" would be clearer and said she would like to amend her motion accordingly.

 Councilor Ruede said she would amend her second accordingly to use the word "defined".

The motion passed by unanimous vote of 6 ayes and 0 nays.

 Councilor Quandt made the motion to adopt Ordinance 200 as amended.  Councilor Mills seconded the motion. 

 Mayor Hauptman asked if there is any comment from the public.

 Mr. Rob Ward spoke from the audience and said it's his understanding that there needs to be a public hearing as a component of the adoption of an ordinance. Mr. Ward said usually there is a public hearing, a first reading, and then another public hearing and a second reading and there's nothing that prevents both of those from happening in the same night. 

 Mayor Hauptman said they spoke to city attorney about this, and because it's an amendment to the ordinance, basically the city announced it and because of this, the city doesn't have to have a public hearing per say but they do invite public comment because it's an amendment.

 Councilor Howison said they do need to vote on it again but perhaps now is the time to take public comment.

 Mayor Hauptman asked if there were any comments from the public and no one spoke from the audience.

 Councilor Ruede asked if they should ask Mr. Ward if he knows were the information from his comment would be found.

 Mr. Ward said if they have approval from city attorney then he wouldn't worry about it.

 Councilor Quandt said he has a copy of enactment clause and read from section 34 of the charter. 

 Councilor Howison explained the urgency of the need for this ordinance.  Councilor Howison said if a nuisance existed in the shoreland there was no committee to say the nuisance exists.

 Mr. George Burke spoke from the audience and said he was worried about the consequences as the only appeal will be made to the courts.

 Councilor Mills said she understands Mr. Burke's concern and when it comes to land use issues with regard to development and subdivision, and partition and such, the conservation committee still reports to the planning commission and they still have that appeals process through them in the nuisance.

 Mr. Mike Smith spoke from the audience and said the confusion lies in the fact that the number is new making it a new ordinance so if it's an amendment then why not amend 176 instead of repealing.

 Councilor Howison explained the process for amending the ordinance.

 Mayor Hauptman read ordinance #200 by title only.

 Councilor Quandt made the motion to adopt Ordinance #200 as amended.  Councilor Howison seconded the motion.  The motion passed by unanimous vote of 6 ayes and 0 nays. 

·        Intergovernmental agreement to collect and remit tax between Siuslaw School District and Dunes City .

 Mayor Hauptman asked for a motion.

 Councilor Quandt asked what kind of motion they should make because this is forced on them

 Councilor Quandt made the motion to reluctantly accept this intergovernmental agreement.  Councilor Ruede seconded the motion.  The motion passed by vote of 5 ayes and 1 nay.

 ·        Contract for new building inspector

 Councilor Koehler asked how is this compared to the past building inspector by cost and efficiency and if the council has a review of this by whoever made this decision. 

 Mayor Hauptman said the decision hasn't been made as it's up to council. 

 Councilor Koehler asked how they compare to the past building inspector. 

 Mayor Hauptman said as far as efficiency, Winstead and Associates came highly recommended.  The Mayor said Mr. Nolan West was our electrical inspector in the past when he once worked for The Bldg Department.  The Mayor said there are many problems with The Building Department and the contract expired 2 years ago.  The Mayor said because of the expired contract, they should have dealt with it years ago even if there were no problems.  The Mayor said Amy Graham diligently called to get people to work along the coast.  The Mayor said through Lisa's investigation she found that half of the permits never received final inspection approval.  The Mayor said The Building Department got paid up front 75% for work that was never done.

 Councilor Koehler asked if the cost is similar to The Building Department.  The Mayor said Winstead and Associates will get paid hourly instead of by a percentage. 

 Councilor Ruede asked if there has been dialogue between staff and The Building Department.

 Amy said she and the Mayor had a meeting with Mr. Mortier from The Building Department.  Amy said Mr. Mortier never spoke of the City's concerns with his employees.  Amy said the office manager at The Building Department said they will not enforce the laws of the city because she believes Dunes City codes are not enforceable.  Amy said the office manager believes that the city works for them and that they don't work for the city. 

 Councilor Ruede questioned how these decisions will affect Mr. Dave Gates because he will be out of a job.  Councilor Ruede asked if there were any complaints on Mr. Gates.

 Amy said the city has received complaints regarding Mr. Gates.  Amy emphasized that the staff has no complaints with Mr. Gates and the issue is not with him.  Amy said the city wishes they could keep him as an inspector.

 Councilor Ruede said she wants to go on record stating that when she was issued a permit, Mr. Gates was very helpful and any time there was a question, Mr. Gates was there to tell them how to do things the right way.  Councilor Ruede said she feels the city is making a rushed decision.

 Mayor Hauptman said the decision is not rushed.

 Amy said they have been talking about this for many months and it's something that has to be done.  Amy said if the council chooses to not go with Winstead then that is their choice, however, she has contacted many companies and they say going to the coast is too far of a distance to travel.

 Councilor Ruede questioned if The Building Department was willing to renegotiate their contract and Amy said no they were not willing to renegotiate.

 The Mayor said during the last conversation with The Building Department, the company wanted to raise their rates.  The Mayor said the office manager said 75% is not enough to be paid.

 Amy said the office manager said she feels the staff does not do enough to earn even the 25% that the city receives. 

 Councilor Ruede said she has no further questions and is satisfied with the answers.

 Councilor Mills questioned the mileage charge.

 Lisa Ekelund said the figures given to the Council were a rough estimate.

 Councilor Navetta asked if there will be a trip charge on every inspection. 

 Amy said Winstead will charge only one trip charge per day and this will only be a one way charge.  Winstead will not charge for travel back to their office at the end of the day.

 Councilor Ruede asked if the city looked into hiring a qualified local person. 

 Mayor Hauptman said if they could find a local person, they would.  The Mayor said Mr. Gates is a local person yet The Building Department is located in Eugene .  The Mayor said this is as local as the city can get.

 Amy said the city checked with the City of Florence but they weren't able to absorb Dunes City 's inspections. 

 The Mayor pointed out that there are many Cities that are dissatisfied with The Building Department and he anticipates seeing change in the future.

 Councilor Howison made the motion to enter into a contract with Winstead and Associates for the City's Building Department Services.  The motion was seconded by Councilor Koehler.  The motion passed by vote of 5 ayes 1 nay.

 ·        Code book work session

 Councilor Koehler said it's been brought before the council for over a year that the city needs to digitize the code book that's been written in the past.  Councilor Koehler said he has no knowledge of an electronic copy.  Councilor Koehler said the city purchased an optical character recognition (OCR) program to do this.  Councilor Koehler suggested the city reviews the OCR device known by the staff so the city can proceed in digitizing some of these documents.

 Councilor Howison said previous staff took lessons on how to do this and he spoke to Mr. Hilden who said it's functional.  Councilor Howison said they may need to get together to figure out what current code is and digitize it.  Councilor Howison emphasized they need to figure out what the current code is first.  Councilor Howison said they need a grant to pay for codification.

 The Mayor asked if Councilor Mills knows of a codification grant

 Councilor Mills said she hasn't seen anything on that specifically.

 Amy said the planning consultant Larry Lewis had applied for a $1,500 grant to help with the codification.

 Councilor Mills said it's important because reference to ordinances that don't exist cause problems.

 Councilor Ruede said what if they contact a college like the University of Oregon and ask them if they have a student of law that would be willing to do this for the city as credit towards their thesis.

 Mayor Hauptman said Councilor Ruede had an excellent idea.

 Councilor Howison suggested that Mr. Rob Ward help. 

 Mr. Ward spoke from the audience saying he would always be glad to help.

 Councilor Quandt said the purpose of work session is to assess the code books and this is stage 1 of the process.  As far as the code book work session the first one is to make sure they are all on the same page.

 Mayor Hauptman asked if they want to set a time for this.  The Mayor said there will be an executive session on 05/20/09 at 1 pm and a budget meeting on 05/19/09 so probably sometime in June they should schedule a work session. 

 Councilor Howison asked if the meeting should be in the evening or during the day. 

 The Council decided to schedule at a later date.

 ·        Administrative processing procedures for Ordinance

Councilor Howison said this is all inspired by Councilor Quandt and he (Councilor Howison) took the liberty to have it put on the agenda.  Councilor Howison said this is the step taken when they pass a new ordinance and they seem reasonable. 

Councilor Quandt said this is something he put together as a starting point.  Councilor Quandt said it's a basic procedure and it has two phases.  Councilor Quandt said he only covered the second phase which is the administrative procedure for new ordinance processing. Councilor Quandt said there is a pre passage procedure that would need to be combined with this as well.  Councilor Quandt said he doesn't feel this is complete in any way as it was just a quick presentation of his thoughts.

Mayor Hauptman said they could do this during the code book session.

·        Committee and Commission appointments

Mayor Hauptman stated they received a Road Commission application from Mr. Dave Persons

Councilor Howison moved to appoint Mr. Dave Persons to the Road Commission.  Councilor Navetta seconded the motion.  The motion passed by unanimous vote of 6 ayes and 0 nays.

Mayor Hauptman said the received 2 applications for the 2 Conservation Committee openings.   

Councilor Howison moved to appoint Ms. Elizabeth Purtell to the Conservation Committee.  Councilor Ruede seconded the motion.  The motion passed by unanimous vote of 6 ayes and 0 nays.

Councilor Quandt moved to appoint Ms. Janet Carroll to the Conservation Committee.  Councilor Howison seconded the motion.  The motion passed by unanimous vote of 6 ayes and 0 nays.

Councilor Howison said they may need different term durations.

Amy said Ms. Carroll should receive the longest term because she applied first and has past experience.

Councilor Howison agreed with Amy and instructed Amy to designate Ms. Carroll to receive the longer term.

·        Pay schedule

 Mayor Hauptman said the old pay schedule faded in 2008 and the council has the new updated pay schedule before them.  The Mayor said the new pay scale has the various salaries of the city recorder, planning secretary, administrative assistant and road secretary.

 Councilor Koehler said he doesn’t see any definitions for experience or for each individual steps.  Councilor Koehler recommended the city put the decision on the back burner until they see what the employment schedule is like as they had problems with this in January because they didn't know what the definitions for salary was and they were attributing salary to wage workers.  Councilor Koehler said he would like an actual written to go along with this, it would be clearer for all concerned as well as helpful for future councilors.

 Councilor Howison said there was a previous document that was passed by the council 4-5 years ago that did go along with the grid for different amounts in the future.  Councilor Howison questioned if that document is still in effect.  Councilor Howison said it would be nice to review that document because it reviews the process of the steps.  Councilor Howison asked if he is correct on his statement.

 Amy said she believes the document Councilor Howison mentioned is still in affect.  Amy said the only thing she did was take the old pay schedule that was outdated as of 2008, she kept same formulas from the original document and put she updated numbers. 

 Mayor Hauptman said he believed Councilor Koehler is asking for definitions for requirements on going from step 1 to step 2 etc.

 Amy said she has not seen actual definitions but she will look for them.

 Councilor Howison said the document at least explains the process.  Councilor Howison said he is not sure how detailed the document actually is.  Councilor Howison said his only question is they had to make the decision 5 years ago and the city put it 4 years in advance, but what percentages per year were used.  Councilor Howison said obviously it's not cost of living, it's basically a guaranteed certain percentage increase each year.

 Mayor Hauptman said it's not guaranteed.

 Councilor Howison said each year has a different step one rate.

 Mayor Hauptman said it's a step.

 Councilor Howison said as they all know, this year social security is getting a zero increase, plus his bonds went from 6.5% to 0%.

 Councilor Ruede said she would like to go on record stating she is not in favor of the 5% increase given these economic times.  Councilor Ruede said her statement is no reflection on the job that anyone is doing here, particularly Amy who is doing a wonderful job but she doesn't think this is an appropriate time to be asking for a 5% increase in any wages.

 Councilor Ruede made the motion that this action item for the pay scale be tabled indefinitely.  Councilor Navetta seconded the motion. 

 Mayor Hauptman questioned if the subject is tabled indefinitely, then how would the city deal with it. 

 Councilor Ruede, Councilor Navetta, and Councilor Howison spoke in unison saying they can bring the issue up again later.

 Councilor Howison said they can bring it up when the economic situation begins to turn and they are in the position to begin being optimistic and give people raises that go along with the cost of living. 

 Councilor Koehler said he senses concern on the staff side because to say indefinitely is a critical issue but when you come back with a document that does definitions, includes experience and a viable calculation of raises, he thinks it will be a little more understandable not only to the council but to ease any fears that the staff will never be appreciated for what they do economically.

 Councilor Mills said in addition, she doesn't know how she feels about indefinitely.  Councilor Mills said she agrees with Councilor Koehler that not only in addition to getting that information, she thinks they should wait until after the budget so that they can see where they are.  Councilor Mills said her fear is that they are going to set themselves up for sterling silver staff on a plastic fork income.

 Mayor Hauptman said job descriptions are needed so they have a basis for the step increase.

 Mayor Hauptman called for a vote from the council.

 The motion made by Councilor Ruede that this action item for the pay scale be tabled indefinitely passed by vote of 6 ayes and 0 nays.

 ·        Discussion on changing the Temporary Right-of-Way Use Permit

 Councilor Quandt said he wants to create a new Right-of-Way Use Permit for Central Lincoln People's Utility District (CLPUD) only.  Councilor Quandt gave an example of a permit coming before the Road Commission this month.  Councilor Quandt questioned if council wants to be involved with Right-of-Way Use Permits for CLPUD.

 Amy said she believes the reason the Road Commission wants to do this strictly for CLPUD is because it takes 1-2 months for a permit to have approval.  

 The council discussed their possible involvement in Right-of-Way use permits for CLPUD.

 Mayor Hauptman said this is not an action item, but rather, it is a council recommendation. 

 Mayor Hauptman stated as a group, the Council agreed that Councilor Quandt write a new permit for Central Lincoln People's Utility District Right-of-Way Use Placement Permit.  

·        Temporary Right-of-Way Use Permit for James and Paula McClain at 83940 Cloud Nine Road Map/Taxlot 19-12-23-10-00215

 Councilor Quandt made the motion to approve the Temporary Right-of-Way Use Permit for James and Paula McClain.  The motion was seconded by Councilor Mills.  The motion passed by unanimous vote of 6 ayes and 0 nays.  

  1. UNFINISHED / OLD BUSINESS

·        Proposals for audit services.

Councilor Ruede made the motion to accept the City Recorders recommendation and enter into contract with Houge MacAdam Wartnik LLC as their certified public accountant.  The motion was seconded by Councilor Quandt. 

Councilor Koehler questioned if accountant is proper term to use or if they are approving an auditor.

Mayor Hauptman asked Lisa Ekelund to read the motion back to them. 

Lisa Ekelund read the motion back clarifying that it was made stating "as their certified public accountant".

 Mayor Hauptman said "as their auditor".

 Councilor Ruede said "auditor".

 Mayor Hauptman told Councilor Koehler he had a good catch.  Mayor Hauptman said "as their city auditor".

 Mayor Hauptman said they have a motion and a second and asked if there was any other comment.

 Mayor Hauptman asked for all those in favor of the motion that was made, signify by saying aye and 6 councilors said aye.  Mayor Hauptman asked for those opposed to signify by saying aye and there were 0 nays.  Mayor Hauptman said the motion carries and they now have Houge MacAdam and All.

 ·        Atkeson property extension for appeal.

 Councilor Howison recused himself and left the dais to sit in the audience.

 Councilor Quandt made motion to grant the extension.  The motion was seconded by councilor Ruede.  The motion passed by unanimous vote of 5 ayes and 0 nays.

 Mayor said the extension is granted to the next council meeting in June.

 Mayor Hauptman called for a 10 minute recess.

 The meeting reconvened at 9:25 PM .  

  1. CITIZEN INPUT ON UNSCHEDULED ITEMS

 Ralph Farnsworth 83387 HWY 101

 Mr. Farnsworth said he came to the city several times to speak of his concerns regarding public funds.  Mr. Farnsworth said Oregon Pacific Bank (OPB) wrote a letter to city recorder.  Mr. Farnsworth said this still doesn't guarantee all funds are 100% protected.  Mr. Farnsworth said the council should know there are things in the letter they need to look at.  Mr. Farnsworth said one item they need to pay attention to is if they comply with all this stuff that's in this ordinance, their personal liability is taken care of.  Mr. Farnsworth said if you want to get excess coverage over FDIC you can get private insurance or a bond from and insurance company rated A- or better through the standard rating agencies.  Mr. Farnsworth said he believes things are better than he thought and handed information to the city recorder.

 Mayor Hauptman asked if the city has received a financial statement from OPB.

 Amy said no.

 The Mayor said he believes by law, they are required to put them out quarterly.

 Amy said she hasn't seen one and she will check into it.

 The Mayor said he understands there are new requirements on how banks classify assets and it would be a good idea to look at it.

 Councilor Koehler said Mr. Farnsworth testified that there was problem with having all of the city's funds in one location.  Councilor Koehler asked Mr. Farnsworth having investigated further does he (Mr. Farnsworth) still see this as a problem.

 Mr. Farnsworth said he would still not put it all in one account but he's not the one who makes the decisions.

 The Mayor said perhaps it's better to err on the side of caution and use at least two institutions.

 Mr. Rob Ward said the Fire Department uses OPB for deposits and suggested Amy follow up with the Fire Chief.

 Amy said she will do a follow up.

 

  1. PUBLIC HEARING

 ·        Kay Harris CUP 0901 for a lot line adjustment between 5205 Hilltop Drive and 83369 Osprey Way

Mr. Rob Ward and Mrs. Kay Harris approached the Council.  Mr. Ward stated he is representing Mrs. Harris.  Mr. Ward read from the Dunes City Code that states the allowable transfer of property through the conditional use process.  Mr. Ward said the end result will not change in the fact that there will still be two properties that have existing homes.

Councilor Howison questioned the replacement drain field set backs for #7.

Mr. Ward said it needs to be 10' from the house.

Councilor Ruede made the motion that they grant the property line adjustment. 

Mr. Ward said they have to have a public hearing before a motion is made.

Koehler said from what he gathers, they are requesting to move .14 acres from one lot to the other and both are owned by the same person.

Councilor Navetta asked what the purpose of this is. 

Mr. Ward said the Harris' eventually want to sell lot 7 and right now they only have 12 feet between their house on lot 5 and the current property line.  Mr. Ward said they would like to have 75' to have more room around their house.

Mrs. Harris said they lived at the original lot for 22 years and they bought the place behind it 2 years ago.  Mrs. Harris said they want to keep a buffer between the two lots.  Mrs. Harris said she has mason bees and moving the line would give both properties a nice back yard.  Mrs. Harris said they don't want to change the purpose or use at all.

Councilor Navetta said in making the lot smaller they take away the ability to put in a well if necessary and with the low water in the area, she doesn't know if she would want to give up that option.

Mr. Ward said the properties are currently served by the Tsiltcoos Heights Water System.

Councilor Navetta said if the water supply went bad it would take away their opportunity to put in a well.

Mr. Ward said there is an adequate supply that has supplied the area for a long time. 

Councilor Navetta said in §155.4.3.210 (b), donation of land by a smaller lot is not allowed.

Mr. Ward said this is not true and read the direct wording.  Mr. Ward what this he interprets this to mean that you can't take a lot bigger than an acre and make it less than an acre in a boundary line adjustment.

Councilor Navetta said this is not how she interprets it.

Mrs. Harris said her understanding is basically if it cannot happen then why would Dunes City have a procedure.  Mrs. Harris said in their case the donating lot is smaller but according to the code, in this case you would go through the conditional use process.  Mrs. Harris said the decision is based on the criteria such as access, water source, and sewer.  Mrs. Harris said her request answers all of those questions.  Mrs. Harris said the part that would be difficult for her is if there is some other criteria that would be cause for denial, if there was a condition for a well for example, it is not listed. 

Councilor Quandt said he doesn't believe there is a requirement for a replacement water source.

Councilor Navetta said there is none, it's just a warning. Councilor Navetta asked the Mayor if he has ever considered putting a well on his property and Mayor Hauptman said yes.

Councilor Ruede said they have a decision from the Planning Commission which recommends approval in granting this request.  Councilor Ruede said she presumes the Planning Commission has done their due diligence in coming to their recommendation.

Mayor Hauptman closed public comment.

Councilor Quandt said this application appears to be straight forward.

Amy said Mayor Hauptman needs to ask about ex-parte contact for this proceeding.

The Mayor said he spoke with her as a neighbor but he doesn't vote.

Councilor Mills declared that during the election she spoke to the Harris' at their door but it wouldn't influence her decision in any way

Councilor Koehler said he wanted to clarify Councilor Navetta's comment regarding §155.4.3.210 transfer of property.  Councilor Koehler said Councilor Navetta quoted sub (b) of this.  Councilor Koehler read §155.4.3.210 (a) and §155.3.210 (b).  Councilor Koehler said this will result in a lot that is a little bit less than half an acre.

Councilor Quandt questioned if ex-parte was finished.

Councilor Ruede said she knows Kay Harris from church but doesn’t know where she lives and it won't influence her decision.

Councilor Quandt said when he looks at the map it doesn't look like a problem to him beyond the fact that there could be a replacement water source need.  Councilor Quandt said the setbacks are there, the criteria are fulfilled, the Planning Commission approves, and staff approves.  Councilor Quandt said it looks like they can move forward.

 Councilor Howison said he is concerned at shrinking an already less than one acre property even more but the reasons given to do so seem like noble ones so if they would deny it, they would have to give a good reason with criteria.  Councilor Howison said this appears like it does comply.

 Councilor Quandt said the other lot sizes in the neighborhood are similar or smaller in size and that the size is common within the neighborhood.

 Councilor Howison said unless they can designate a specific reason to deny the application, they need to state so.

 Councilor Quandt made motion to approve Conditional Use Permit.  The motion was seconded by Councilor Ruede

 The Mayor asked if there was any additional discussion.

 Councilor Navetta said her only discussion is she believes that §155.4.3.210 (b) states clearly why they shouldn't do this.

 Mayor Hauptman called for a vote.

 The motion that was made by Councilor Quandt to approve the Conditional Use Permit passed by vote of 5 ayes and 1 nay.

·        Stormwater Ordinance.

Mayor Hauptman stated the stormwater ordinance needs more work announced that there will be a Committee for Citizens Involvement (CCI) meeting on 06/09/09 at 6 PM .  Mayor Hauptman said all of the public is welcome to the meeting.  Mayor Hauptman said all who show up will be members of the CCI.

  1. ADJOURNMENT

       There being no further business to come before the City Council,  

Councilor Koehler made the motion to adjourn the meeting and Councilor Mills seconded.  The motion passed by unanimous vote of 6 ayes and 0 nays.  

The meeting of the Dunes City Council adjourned at 9:56 PM .  

The next scheduled meeting of the Dunes City Council will be held on June 11, 2009 at 7:00 PM .  

The proceedings of the Dunes City Council meeting were recorded on tape, and are filed in the City Recorder's office. The complete agenda of this meeting is filed in the City Recorder's office.  Upon approval by the City Council, these minutes will be available online at http://dunescity.com/minutes.htm

 

            Respectfully prepared by,

 

            ______________________________________

            Lisa Ekelund

            Planning Secretary

 

            Approved by City Council on the ____ day of ________, 2009,

 

            _______________________________________

            Eric Hauptman

            Mayor

 

 

 

COMMITTEE REPORTS

 

[back]  

Communication and Education Committee

May 14, 2009  

The Community Pot Luck was held on Saturday, April 11, 2009 from 2:00 to 5:00 PM .  Over 50 people arrived with their “pot luck” dishes.  A great array of culinary delights filled out the menu. Folks dined on New England Clam Chowder, salads, great entrees and could have ended their meal with Pineapple Up-side-down Cake or Cinnamon Rolls.  

Residents and friends of Dunes City gathered together again this year to celebrate the arrival of Spring and to renew friendships.  A raffle was held and brought in $72.00.  All of the raffle items were donated by Dunes City residents.  Jo Owen was the called the ticket numbers and announced the winners.  Among the prizes were two custom made teak wine racks donated by Ralph Farnsworth.  Ralph and David Dumas will be constructing the wine racks to the winner’s specifications.  

Due to the small number of people on the Communication and Education Committee, the committee looks for volunteers when necessary.  April Dumas and Susie Navetta were members present.  Volunteering to help the committee for this pot luck were Dave Bellemore, David Dumas, Cynthia Chandler, Ralph Farnsworth, Richard Koehler, Hana Midkiff, Jamie and Robin Mills, Annie Navetta, and Jo Owen.                                                                                                                                                               

Events for the Communication and Education Committee are held on the second Saturday of the month:

August 8, 2009 – Festival of the Lakes

December 12, 2009 – Festival of the Lights

Next year the Pot Luck will be held on April 10, 2010 .  

The next project for the C&E Committee will be the Summer Newsletter in July.  The C&E Committee is currently looking for news articles for the newsletter.  

Susie Navetta

 

 

[back]

Parks and Recreation Commission Report

City Council Meeting

May 14, 2009

 

The Parks and Recreation Commission held their regularly scheduled meeting on April 23, 2009 . 

Discussion items included:  

1.  The Commission is in the process of prioritizing goals and objectives next year. There are approximately 10 things on the list. 

I urge the community to participate by contacting us with what you would like to see as a priority for City Parks and Recreation.  

2.  It was discovered during the clean-up day that a significant amount of sand and some plywood has been removed from underneath of the Overlook. We need to investigate whether or not the integrity of the structure has been compromised.  

 

The next regular meeting of the commission is scheduled for June 18, 2009

 

[back]

DUNES CITY ROAD COMMISSION

May 14th, 2009 Council Report

 

The Road Commission met April 20 for its regular meeting. We conducted normal business including voting on the budget we put together in April. We also began the discussion on evaluating the current state of the Stormwater ordinance. We also met for a special meeting on April 27th to complete that discussion and generate the Commissions recommendation. We recognize that this ordinance is in its development stage and the council needs input on how to move forward. We not only recognized the problematic areas but we offered solutions to address them.

The Commissions recommendation is self explanatory and available to the public.

 I would like to thank the Commission for the time they put into to this evaluation and look forward to discussing the proposed solutions we have identified.   

Robert Quandt

Roads Commission Chair

 

[back]

Water Quality Committee

May 14, 2009             Council report    

The Water Quality Committee met last week to discuss:

·        The visit we had by DEQ septage professional Paul Kennedy

·        Dunes City ’s representation before the  DEQ / RCAC conference last month

o       Working with other cities and agencies proves advantageous

·        The Woahink outlet control structure

o       Ownership and access need defining

·        Budget (committee review) 

o       Additional problem areas could require added funds

·        Septic Maintenance program

·        Gibbs Creek Sedimentation

o       Watershed culvert assessment is advisable to stop future problems  

·        Ford Way cove heightened phosphorus level and geese problems.

·        Protocols were sent to the office for your review…

o       Algal Bloom Monitoring and Reporting and

o       Procedure to be used by city staff re Lake Water Quality

 Richard Koehler

 

 [back]

DUNES CITY COUNCIL PLANNING DEPARTMENT STAFF 

REPORT MAY 2009

The last planning commission meeting was held on April 30, 2009 .

One public hearing was held for a conditional use permit for a lot line adjustment, where the planning commission unanimously voted to recommend approval. The another public hearing was held in regards to the Stormwater Ordinance where the planning commission came to a consensus to agree with the road commission in that the Stormwater ordinance is flawed.

In the month of April, Dunes City issued 2 electrical permits, and 2 building permits. As of May 6th, one electrical permit has had its final inspection and one building permit has had its final inspection.

***Amendment***

Because Planning Commission agrees with the Road Commission that there are substantial flaws in the draft stormwater ordinance, Staff requests direction from the City Council to schedule a special work session / CCI meeting with the Planning Commission to be held on June 9th, 2009 at 6:00 PM.

 

[back]

Parks and Recreation Commission

Report City Council Meeting  May 14, 2009

The Parks and Recreation Commission held their regularly scheduled meeting an April 23, 2009 .

Discussion items included:

1. The Commission is in the process of prioritizing goals and objectives next year. There are approximately 10 things on the list.

I urge the community to participate by contacting us with what you would like to see as a priority for City Parks and Recreation.

2. It was discovered during the clean-up day that a significant amount of sand and some plywood has been removed from underneath of the Overlook. We need to investigate whether or not the integrity of the structure has been compromised.   The next regular meeting of the commission is scheduled for June 18, 2009

 

[back]

Site Review Committee Report

May 2009

At its April 30, 2009 meeting, the Site Review Committee voted to make recommendations to the City Council for findings of nuisances on the Woahink Drive property, the Buckskin Bob Road Properly and the abandoned trailer on Big Annie Lane right-of-way.

The property on North Pioneer Road has been cleaned up to the satisfaction of the Site Review Committee members and .the person who signed the written complaint. The Site Review committee also noted (while on a site visit to a different property) that the old truck had been removed from the right-of-way of Wright Road as well. The Site Review Committee will send thank you letters to both property owners, thanking them for correcting the issues.

A new complaint against property on Wright Road was also investigated. Three "drive bys" having been done, it appears the property owner is addressing the problem, albeit very slowly. The Site Review Committee will continue its next move at its next meeting.

 

Site Review Committee Nuisance Determination   

Date   April 30, 2009

T0:       Dunes City Council               RE:      May Property             5568 Woahink Drive

Map & Tax Lot # 19-12-14-10-04501

The Site Review Committee has had an opportunity to review the file and circumstances, regarding the above-referenced property and alleged nuisance violation thereon. After due deliberation and discussion, the findings of the Site Review Committee are as follows:

1,         with regard to the obstructions previously placed within the Dunes City right-of­way, upon inspection it has been determined that those obstructions have been removed and any violation corrected.       

2.         With regard to the construction of a porch built within the setback limitations for side yards, DC Code 156.136, upon inspection it has been determined that a permit was obtained and the porch was altered to ensure its compliance with setback limitations. Consequently, any violation has been corrected.

3.         With regard to the construction of a tool shed built within the setback limitations: a violation of Dunes City (DC) Code 156.136 has occurred, and therefore, should be declared to be unlawful and a public nuisance pursuant to DC Code 156.248.

Nuisances having been determined, the following abatement actions are recommended:

Owner is to remove the tool shed located within the 25' setback of the front lot line.

The Site Review Committee recommends that the Dunes City Council direct the City Recorder to post and send Notice to Abate pursuant to DC Code 91.25.

.

Respectfully submitted this 30 day of April 2009,

Jamie Mills, Chairman Review Committee

VOTE:

AYES:               DAVID DUMAS AND DEBBIE PASTERNAK NAYS: NONE

ABSENT:       LINDA ASH

 

 

SITE REVIEW COMMITTEE NUISANCE DETERMINATION 

Date:  April 30, 2009

 

T0:       Dunes City Council   RE:      Petersen Property     5366 Buckskin Bob Road

Map and Tax Lot #: 19-12-26-13-04500

The Site Review Committee has had an opportunity to review the file and circumstances, regarding the above-referenced property and alleged nuisance violation thereon. After due deliberation and discussion, the findings of the Site Review Committee are as follows:

With regard to the approximately 13 vehicles in various stages of disrepair and operability, including a track hoe, a boat, a tent trailer and a camper: a violation of Dunes City (DC) Code 91.14 has occurred, and therefore, should be declared 'a nuisance and abated pursuant to DC Code 91,25.

A Nuisance having been determined, the following abatement action is recommended:

Owner should remove said vehicles from the City or have the same housed in an enclosure . where they will not be viewed from the street or adjacent properties.      {(DC Code 91.14(B)}.

The Site Review Committee recommends that the Dunes City Council direct the City Recorder to post and send Notice to Abate pursuant to DC Code 91.25.

Respectfully submitted this 30th day of April

Mills, Chairman Review Committee

VOTE:

AYES:             DAVID DUMAS and DEBBIE PASTERNAK NAYS: NONE

ABSENT:       LINDA ASH

 

SITE REVIEW COMMITTEE NUISANCE DETERMINATION  Date:  April 30th 2009

 

T0:       Dunes City Council   RE:      Abandoned Trailer    Big Annie Lane , Buckskin Bob's Camp  

The Site Review Committee has had an opportunity to review the file and circumstances, regarding the above-referenced trailer and alleged nuisance violation thereon. After due deliberation and discussion, the findings of the Site Review Committee are as follows:

With regard to the abandoned trailer full of wood placed on the right-of-way easement dedicated to Dunes City at the time of subdivision of the land now commonly known as Buckskin Bob's Camp: a violation of Dunes City (DC) Code 91.14 has occurred, and therefore, should be declared a nuisance and abated pursuant to DC Code 91.25.  

A Nuisance having been determined, the following abatement action is recommended:

Owner should remove and dispose of the trailer and its contents,

The Site Review Committee recommends that the Dunes City Council direct the City Recorder to post and send Notice to Abate pursuant to DC Code 91.25.

Respectfully submitted this 30th day of April  

Jamie Mills, Chairman Review Committee

VOTE:

AYES: DAVID DUMAS and DEBBIE PASTERNAK NAYS: NONE

ABSENT:          LINDA ASH

 

 

 

  ###