Dunes
City Council
M
I N U T E S
September
10,
2009 - 7:00 pm
Printable
file
City
Hall -
82877 Spruce St.
,
Westlake
,
OR
97439
1. Call to order and roll call.
Mayor Eric Hauptman
called the meeting of the Dunes City Council to order at
7:01 p.m.
2. Roll call.
Roll Call was taken
by Dunes City Recorder, Amy Graham.
Present: Mayor
Eric Hauptman, Councilor Susie Navetta, Councilor Robert Quandt, Councilor
Richard Koehler, and Councilor Jamie Mills.
Absent: Council
President Peter Howison (excused) and Councilor Rebecca Ruede (excused).
Also
Present: Dunes
City Recorder
Amy Graham
, Planning Secretary Lisa Ekelund, Planning Chairman David Bellemore, and 16
individuals.
3. Pledge of Allegiance.
All
who were present stood for the Pledge of Allegiance.
4. Consent agenda.
- City
Council meeting minutes from
08/13/09
.
- Bills
of the session through
09/04/09
.
- Receipts
of the session through
09/04/09
.
Amy
Graham announced minor grammatical corrections to the minutes.
Councilor Quandt made the motion to approve the consent agenda as
amended. Councilor Mills
seconded the motion. The motion passed by unanimous vote.
5. Announcements /
Correspondence
- 2009
road maintenance project.
Mayor
Hauptman stated Councilor Quandt and the Road Commission are working hard on
the road project. The Mayor said the City is well on
the way to taking care of the roads.
Mayor
Hauptman announced that there is a bridge closure between the 21st
and 26th from
11 p.m.
to
5 a.m.
Mayor
Hauptman announced that Dorothy Sjogren is the artist of the month.
Mayor
Hauptman announced that Dr.
Peter Howison
is now representing
Dunes
City
in
France
and the hand of good will has crossed the
Atlantic
.
6. Executive session
Mayor
Hauptman adjourned the regular meeting of the Dunes City Council at 7:06
p.m. to have the Council enter into executive session Per ORS 192.660 (2)
(h), to consult with legal counsel regarding litigation.
Mayor
Hauptman opened the executive session at
7:10 p.m.
Mayor
Hauptman adjourned the executive session at
8:22 p.m.
to have the Council enter into regular session.
Mayor
Hauptman reconvened the regular session of the Dunes City Council at
8:26 p.m.
7. Mayor's report
Mayor
Hauptman said he had no report this month.
8. Committee / Commission reports
- A
report of the Community Center was received from
Councilor Susie Navetta and placed on file.
- A
report of the Parks and Recreation Commission was
received by Councilor Rebecca Ruede and placed on file.
- A
report of the Road Commission was received by Councilor
Robert Quandt and placed on file.
- The
draft minutes of the
08/17/09
Road Commission meeting was received and placed on file.
- A
copy of the agreement for road consultant services was received and placed
on file.
- A
report of the Site Review Committee was received
by Councilor Jamie Mills and placed on file.
- A
report of the Revenue Committee was received by
Councilor Jamie Mills and placed on file.
- A
report of the Water Quality Committee was
received by Councilor Richard Koehler and placed on file.
- The
draft minutes of the
08/19/09
Water Quality Committee was received by Councilor Richard Koehler and placed
on file.
- A
report of the Planning Department was received by
Planning Secretary Lisa Ekelund and placed on file.
- The
draft minutes of the
08/27/09
Planning Commission meeting was received by Planning Secretary Lisa Ekelund
and placed on file.
- A
septic maintenance status report was received by Administrative Assistant
Fred Hilden and placed on file.
9. Unfinished / Old business
- Atkeson
property appeal map/tax lot number 19-12-27-40-02200.
Mayor
Hauptman said he would like staff to have the time to correlate the reports
between the attorney and the staff. Mayor Hauptman said his understanding
is that a wetland delineation report had been submitted to DSL and he would
like to see it come back. Mayor Hauptman said he is not
impressed with the report and there seems to be contradictions with
different departments.
Councilor Quandt made a motion to table the issue until the October
meeting. Councilor Koehler
seconded the motion.
Councilor
Mills and Councilor Navetta said they don't have a copy of the delineation
report.
The motion passed by unanimous vote.
10. New
business
- Parks
and Recreation Committee appointment.
Mayor
Hauptman recommended the Council appoint Mr. Gary Lapping.
Councilor Koehler made the motion that they postpone Mr. Gary Lappings'
approval for the Parks and Recreation Committee to October.
Councilor Navetta seconded the motion. The
motion passed by unanimous vote.
- Planning
Commission appointment.
The
Council received a Planning Commission application from Mr. Lee Riechel and
from Mr. Ken Henderson.
Mayor
Hauptman recommended the Council appoint Mr. Ken Henderson to the Planning
Commission.
Councilor Navetta made the motion to appoint
Mr. Ken Henderson to the Planning Commission. Councilor
Koehler seconded the motion.
Councilor
Mills said she would like to go on the record that both applicants are well
qualified. Councilor Mills said she believes Mr.
Riechel brings institutional knowledge, which is why she will vote for Mr.
Riechel.
The motion to appoint Mr. Ken Henderson to the Planning Commission
passed by vote of 3 ayes and 1 nay.
11. Citizen input on unscheduled items not listed on the agenda.
William
Melvil
PO Box 72
,
Westlake
OR
97493
Mr.
Melvil said he would like to ask about codes concerning septic systems
installed in RV parks, as there is a situation in
Dunes
City
in a particular RV Park down the road from here. Mr.
Melvil asked what is necessary to bring this up to code and how to enforce
the code. Mr. Melvil said he was
impressed that everyone took an oath of allegiance at the beginning of this
meeting and he would like to know how far they are willing to go to enforce
the citizens Constitutional Rights. Mr.
Melvil said he understands the City has no Police Department and he would be
willing to volunteer, as he is a retired Police Officer.
Councilor
Navetta asked Mr. Melvil to leave his phone number with the City Recorder
and she will give him a call.
Councilor
Mills asked if a formal complaint has been filed.
Mr.
Melvil said he would file a complaint.
Ralph
Farnsworth
PO Box 2647
,
Florence
OR
97439
Mr.
Farnsworth spoke in regards to flag etiquette. Mr. Farnsworth gave the Council a
handout and it is placed on file. Mr.
Farnsworth said he has been in the Army. Mr. Farnsworth said there are no
formal rules but rule 6 on the handout suggests that either the flag should
have a light on it at night, or it should be taken down properly.
Councilor
Navetta said she has tried to get a light on the flag and has not succeeded
at this point but she will try a new tactic.
David
Bellemore
83548 Salal St.
,
Florence
OR
97439
Mr.
Bellemore yielded his time to speak in regards to shoreland vegetation.
Jeff
Talbert
PO Box 208
,
Westlake
OR
97493
Mr.
Talbert spoke in regards to what he calls an illegal eviction and utilities
being turned off at Siltcoos Resort. Mr.
Talbert said the State of
Oregon
landlord tenant laws are not abided by at this facility. Mr.
Talbert said he was evicted and refused to be given written notice and then
his utilities were shut off. Mr.
Talbert said his refrigerator broke and he was not provided with another
one. Mr. Talbert said he is a diabetic and
needs these necessities. Mr.
Talbert said his landlord knew of this condition.
Bill
Swan
PO Box 58
,
Westlake
OR
97493
Mr.
Swan spoke in regards to a leaking septic tank at the back step at Siltcoos
Resort for three months or more. Mr.
Swan said because of this he had to move.
Liam
Sherlock of
Hutchinson
, Cox, Coons, DuPriest, Orr & Sherlock P.C. 200
Forum
Building
,
777 High St.
Eugene
,
OR
97401
- Atkeson
property appeal map/tax lot number 19-12-27-40-02200.
Mr.
Liam Sherlock approached the council saying he came here tonight under the
impression that there was going to be a hearing. Mr.
Sherlock said he was informed by the City Recorder, Ms. Amy Graham that
there was a hearing and he was never informed of the item being tabled. Mr.
Liam Sherlock said he submitted documentation for tonight's hearing that Ms.
Graham forwarded to the Council. Mr.
Sherlock said he is extraordinarily disappointed that he was not notified of
the cancellation yet Mr. Turner was notified. Mr.
Sherlock questioned how Mr. Turner could be notified before there is a vote
from the council to table the issue.
Mayor
Hauptman said he made the decision to table the meeting. The
Mayor asked Ms. Graham if she knew Mr. Sherlock was attending and she said
no.
Mr.
Sherlock said how Ms. Graham could notify him of the meeting and then not
realize he was to be there.
Mayor
Hauptman apologized and said he didn't know Mr. Sherlock was attending.
Mr.
Sherlock asked if they received a copy of the documents and the e-mail sent
in anticipation of tonight's hearing.
Mayor
Hauptman said he was not sure.
Mr.
Sherlock requested a motion that he will receive a Land Use Compatibility
Statement regarding open space zoning.
Ms.
Graham said the city attorney has been made aware of all the documents that
have come in.
Mr.
Sherlock said he is just asking for a determination. Mr. Sherlock asked that the city
attorney would be instructed to provide an answer to his request.
12. Public hearing
· Amendment
of Ordinance/Dunes City Code Chapter 155 Section 155.2.3.400 (B) (2) (e).
Mayor
Hauptman explained the request to add the word "unconfined" to the
code.
Mayor
Hauptman opened the hearing at
9:13 p.m.
George
Burke 4838
Lake Blvd
,
Florence
OR
97439
Mr.
Burke said he recommends the Council follow the Planning Commission and
Planning Staff recommendation and approve the amendment. Mr.
Burke said he speaks on behalf of Mr. Lee Riechel who also agrees with the
approval.
Marv
and Darlene Beckman 82150
Booth
Island
PO Box 39
,
Westlake
OR
97493
Mrs.
Beckman said the Planning Commission recommended approval of the
modification of the Ordinance. Mrs. Beckman asked the Council to
review the map that shows the open space overlay within
Dunes
City
and she explained the various zoned areas that are the same as
Booth
Island
.
Mrs.
Beckman read their testimony, which was received by the City Recorder and
placed on file.
Mrs.
Beckman read into the record, 5 letters from residents on
Booth
Island
who are in favor of the Ordinance change. The
documents were received by the City Recorder and placed on file.
Councilor
Quandt said the request doesn't sound unreasonable on the surface, but
questioned if the provision that disallowed pets was part of their original
negotiation process.
Mrs.
Beckman said they did not create this but they did offer it with the initial
intention to not allow dogs and cats to run wild all over the island. Mrs.
Beckman said everyone else on the island can have pets and this restriction
drastically reduces the marketability of the lots. Mrs.
Beckman said they didn't realize this provision would box them into a
corner.
Councilor
Navetta said her concern is phosphorus. Councilor
Navetta asked what Mrs. Beckman would do to remove the phosphorus.
Mrs.
Beckman said there is no way to regulate the wild life and they are just
talking about a few pets. Mrs. Beckman said every other
lakefront owner can have pets with no restrictions and they on the other
hand are asking for pets that would be confined.Councilor Navetta asked what
they do with their garbage.
Mr.
Beckman said they take their trash to the County Transfer Station.
Councilor
Quandt said he puts a lot of weight into the original bargain in platting
this land. Councilor Quandt said this is an all
or nothing thing and the fact that there are other properties there that do
have the legal right to have pets; this kind of removes the all or nothing
argument thus supporting their request. Councilor
Quandt said this threshold has already been crossed as far as pets being
allowed on the island.
Mrs.
Beckman said they have the same conditions as far as plants and animals as
the other areas of
Dunes
City
. Mrs. Beckman said she
understands open space is put on public property that is not supposed to be
developed but this is zoned residential.
Councilor
Navetta asked how many residents live full time on the island.
Mr.
Beckman said they are the only ones.
Mrs.
Beckman said there would not be a big influx of pets.
Mayor
Hauptman said he is concerned about cats. Mayor
Hauptman said he wouldn't have a problem with confined dogs but he is
concerned with cats because cats can be tough on ecology.
Mrs.
Beckman asked what is so precious on the island that is different in one
area from another.
Mayor
Hauptman said Mrs. Beckman had a good point.
Councilor
Mills said she did a little homework because she had heard this was part of
the negotiations. Councilor Mills quoted the minutes
from the original hearings. Councilor
Mills said it was a little fuzzy to her so she contacted Teri Tinker. Councilor
Mills said Ms. Tinker was surprised by the language. Councilor
Mills said the restriction of no pets was voluntary by the Beckman's. Councilor
Mills said she is a little concerned if the Council doesn't listen to the
Planning Commission after their hard work and research.
Mayor
Hauptman asked if there were any more questions.
Jeff
Talbert approached the Council saying there must be some coyotes on the
island, and if there are coyotes, then there would be no problem with cats.
Mrs.
Judy Martin spoke from the audience and said if there is a concern of feral
cats, perhaps they could include that cats need to be neutered.
Mayor
Hauptman closed the public meeting at
9:46 p.m.
Councilor
Quandt said if they continue to disallow unconfined pets, does it keep pets
off the island, the answer is no. Councilor Quandt said if they go
ahead and leave the language as it is, the goal of keeping unconfined pets
on the island is impossible because there are pets allowed from the other
properties. Councilor Quandt
said he is inclined to allow the change in the ordinance.
Councilor
Koehler said he still hasn't found any review of past history or past
meetings, and the council meetings that decided this whole thing have not
been addressed. Councilor
Koehler said it is a big issue because it is a significant natural area. Councilor Koehler said this is a
different area and it is a different biosphere in itself. Councilor
Koehler said they need to question what they are doing with this sensitive
area. Councilor Koehler said the
feral animal issue was brought up and he agrees with it along with the
concern of phosphorus. Councilor
Koehler said this is worthy of a study.
Councilor
Quandt said he is not concerned with the increased phosphorus levels, as he
doesn't believe it is a valid concern. Councilor
Quandt said any studies they would initiate might generate information on
the need but it wouldn't generate any information to fulfill the goal.
Councilor
Navetta said another one of her concerns, is they hired Larry Lewis who made
recommendations to make changes to 155. Councilor
Navetta said if they are going to change 155 then they need to change 155.
Councilor Koehler moved that they table the request to open this
ordinance until such time as all of the following are complete for Council
review: 1. Other Ordinances are opened to complete all of the changes for
Ordinance 155 at the same time, 2. An environmental impact report is
completed and, 3. A report on previous conditions relative to respondent and
location are complete. The
motion was seconded by Councilor Navetta. The
motion tied by 2 ayes and 2 nays. Mayor
Hauptman broke the tie to not table because of the "open endedness"
of the motion.
Mayor Hauptman voted nay and the motion failed.
Councilor Mills moved they allow the
amendment that they allow the word "unconfined" to §155.2.3.400
(B) (2) (e) so that it reads "livestock, unconfined pets, or
domesticated animals are prohibited". Councilor
Quandt seconded the motion.
Councilor
Koehler said he is dismayed that they are leaving out a whole bunch of
facts.
Councilor Koehler said they are not looking at the past and how the
past brought them to where they are now.
Councilor
Quandt said if they were to pay for the generation of all these facts, they
would still be left with the fact that pets are allowed on the island. Councilor
Quandt said he doesn't believe they need to waste resources.
Councilor
Navetta said she is concerned with 155 and they have paid Mr. Larry Lewis.
Mayor
Hauptman said the issue is just
Booth
Island
.
Councilor
Mills said the Beckman's have agreed to pay for this amendment.
Councilor
Quandt said they still need to deal with this individual issue.
Mayor
Hauptman called the motion to question.
The vote was 2 ayes and 2 nays. Mayor
Hauptman abstained from breaking the tie and the motion died for a lack of
the majority.
Mayor
Hauptman said he would like a motion to table the issue to October.
Councilor
Quandt said they do not have a choice or option but to make a motion to
table this to the next meeting.
Councilor Quandt made the motion to table the issue until the next
meeting. Councilor Navetta
seconded the motion. The motion passed by unanimous vote.
Mrs.
Beckman said she would not bear any more costs on the research and up until
2 years ago, you could raise Baboons on the island and that's your history.
Mayor
Hauptman called for a recess at
10:07 p.m.
Mayor
Hauptman reconvened the meeting at
10:17 p.m.
13. Unscheduled
items not listed on the agenda.
· Woahink
Ridge litigation
Councilor Quandt made the motion to agree to
the terms outlined in the 9/09/09 meeting notes in the Woahink Ridge Estates
PUD matter, subject to execution of a more formal document by the Mayor and
City Recorder after review by the city attorney that incorporates the terms
outlined in the 9/09/09 meeting notes. The
Mayor and City Recorder are hereby authorized to execute such document. Councilor
Mills seconded the motion. The
motion tied by vote of 2 ayes and 2 nays. Mayor
Hauptman broke the tie in favor of the motion. The
motion passed.
14. Adjournment
There
being no further business to come before the City Council,
Councilor
Navetta made the motion to adjourn the meeting and Councilor Mills
seconded. The motion passed by unanimous vote.
The meeting of the Dunes City Council
adjourned at
10:26 p.m.
The next scheduled meeting of the Dunes City
Council is to be held on
October 8th, 2009
at
7:00 p.m.
The proceedings of the Dunes City Council
meeting were recorded and are filed in the City Recorder's office. The
complete minutes 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 the City Council on the _____ day
of _____, 2009,
________________________________________
Eric Hauptman Mayor
====================================== Committee Reports
======================================
Community Center Report September
10, 2009
A Community Center Clean-up Day will be held on September 26th at 10:00 AM.
The purpose will be to ready the Community Center for the winter rains. We
will be working outside cleaning gutters both high & low. Some light
weeding will also be necessary.
Everyone is welcome to attend and join in the fun! All skills levels are
needed. Estimated Volunteer time is 2
hours.
Susie Navetta
[back]
Parks and Recreation Commission Report
September 10, 2009
I have been working with
Amy our city recorder regarding the Rural Tourism Marketing Plan grant funds
(RTMP) funds grant. We are in the process of determining the parameters of
need regarding our tourism sign located next to the building. There are a
number of Dunes City and Florence businesses that have participated
previously with the City and their names are listed on the sign along with
their corresponding location on the map outside. The commission will attempt
to contact all previous participants and determine their level of desire to
continue. The cost of participation has not yet been determined. Please let
us know of any Dunes City business or attraction that should be included in
this program. This topic will be on the agenda for discussion at our Parks
and Rec meeting next week.Once again, we are looking for two additional
commission members to join us. The commission will hold a regular meeting
next here next Thursday September 17th at 7pm.
Respectfully submitted Rebecca
Ruede, Chairperson
[back]
DUNES CITY ROADS COMMISSION September
10th 2009
Report to Council The
Roads Department is moving ahead with its plan to bring in a Director of
Roads. This position will replace the inspector of roads position that was
used in the past. It was obvious to us that Dunes City did not have the
revenue to pay someone to drive all the streets twice a week. This money
could be used towards the Director position, which is required by law
anyway. The Director of Roads has a much more valuable role for the Roads
Department, especially in the new economic reality we face. We have modified
the job description to reflect the current needs of the City. We have
included a reduced inspection duty to the Director’s role with the goal of
inspecting the roads less and maintaining the roads more. This position
develops and maintains the systems for public infrastructure management that
Dunes City needs so desperately. This position will also play a large role
in seeking and securing funding sources for our Road Maintenance projects.
This is a part-time role with little compensation but the impact will be
extremely valuable to the City. The compensation for this position is $5000
more than we were paying for the Inspector of Roads but this position will
be working towards bringing in more revenue than the cost to fund the
position in the first place. Even with this extra $5,000 expenditure we
expect to come in way under the budgeted amount for this year. How did we do
this? We created a credible pavement management system with the help of Gary
Baker. This program that Gary put together gave me a credible program to
aggressively search for funding for. It worked and we were one of the 52
applicants out of 125 to receive grants for our road maintenance program.
This is survival of the most organized. We plan to build on that strategy
and win out over the other Cities competing with us for limited State and
Federal funding just as we did this year. As a City we also need the systems
we create to outlast individual elected officials. A working Roads
department needs to be passed from administration to administration. In the
future no one should be expected to create one from scratch each time there
is an election. The Director position will give us that institutional memory
that Dunes City needs and the Roads Department wont be relying solely on the
skill set of a single individual.
Not surprising we have selected Gary Baker to fill this position. His
experience in managing pavement maintenance programs and public
infrastructure systems makes him uniquely qualified for the Director of
Roads. The Roads Commission and I look forward to working with him and
continuing to build and organize the roads department. The employment
contract is attached to my report and I look forward to seeing Gary’s
signature on it.
Robert Quandt Road Commission
Chair
[back]
Site Review Committee Report
The Site Review Committee did not meet, however, committee drafted letters
were sent by the City Recorder to two of the properties for which fire
hazards were a concern.
The next Site Review Committee meeting will be in October, unless an
emergency or new complaint arises.
Revenue Committee Report
The Revenue Committee was scheduled to meet on August 26th, however, Tracy
Quandt and I were the only people available for the meeting. No quorum being
present, no meeting was held. The next Revenue Committee meeting will be in
October.
Jamie Mills
[back]
Water Quality Council Report
9-10-09
The Water Quality Committee met twice during the last month primarily to
review the Septic Maintenance Ordinance. Council members have received our
suggestions to review for next month’s meeting. The committee’s water
testers are working to fine tune our Quality Assurance Project Plan.
The committee also reviewed concerns and history relative to watershed
activity for the benefit of a local developer as well as an
intergovernmental agreement. As a prelude to discussions with Lane County
and an IGA by Dunes City the committee agreed to communicate with
Commissioner Fleenor about water quality concerns in our watershed.
[back]
PLANNING DEPARTMENT STAFF REPORT
SEPTEMBER 2009
The last Planning Commission was held on 08/27/09. At this meeting, the
Planning Commission held a public hearing where they by the majority of the
vote approved to recommend that the city council approve a change to Chapter
155 Section §155.2.3.400 (B) (2) (e).
The next regular meeting of the Planning Commission is scheduled for
09/24/09 at 6:00 p.m. Planning Staff anticipates a recommendation to be
received from the Conservation Committee in regards to an application
received for vegetation removal within the shoreland zone. This property is
located at 83501 Jensen Lane and has been the subject of abatement. The
Planning Commission will also hold a public hearing for the consideration of
the adoption of an amendment to Chapter 157 within the Dunes City Code of
Ordinances entitled "Septic System Maintenance." All citizens
interested in these topics are encouraged to attend.
Within the month of July Dunes City issued 7 permits.
Also, to quote and author by the name of Sherry Anderson, "Volunteer's
don't get paid not because their worthless, but because their
priceless" and Planning Staff would like to thank all of the volunteers
who participate in Dunes City by giving not only their time, but also by
giving their knowledge and support.
[back]
Oral Debriefing – CARE Grant Application
Dunes City, 2009
While we had a strong list of environmental concerns, a good volunteer
involvement component and a clear explanation of the of the drinking water
impacts, the proposal appeared to focus on the two lakes and the water
concerns and not enough on other environmental concerns. Also, no potential
source of contaminants were identified, other than old construction and
septic systems, and there was a lack of information about treatment
facilities.
Our goals and the steps for identification of priorities were well thought
out with complete plans and outcomes delineated, however, no coordinator was
identified so it was difficult to assess the capacity for completing the
grant.
The time line and logic model needed to be more specific, i.e., how many
meetings, number of participants, etc.
While we provided a long list of potential partners and the community
appears to be well represented, there were no commitment letters submitted
with the grant proposal and there was no clear plan on how to engage
partners.
The program had too heavy a reliance on outside agencies. The limited
resources of the City demand greater involvement of partners.
There were no clear plans for tracking results, only a mention of
identifying concerns and outputs.
Dunes City has no history or experience with federal grant awards.
Dunes City was invited to revise its grant proposal and resubmit it in
December for next year’s funding.
Jamie Mills
[back]
###