Dunes City Council

M I N U T E S

October 8, 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 7:03 p.m.  

2.     Roll call.  

Roll Call was taken by Dunes City Recorder, Amy Graham.  

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

Absent:     None  

Also Present:        Dunes City Recorder Amy Graham , Planning Secretary Lisa Ekelund, Planning Chairman David Bellemore, and 14 individuals.  

3.     Pledge of Allegiance.  

All who were present stood for the Pledge of Allegiance.  

4.     Consent agenda.  

1. City Council meeting minutes from 09/10/09 .
2. Bills of the session through 10/02/09 .
3. Receipts of the session through 10/02/09 .

Councilor Mills requested items B and C on the consent agenda be reserved.  

Councilor Quandt asked if "by" and "from" were changed under Committee/Commission reports.  

Amy Graham said they were not because they've always been that way.  

Councilor Quandt suggested the words "by" are changed to "from" under Committee/Commission reports.   

Councilor Koehler said some of the files are not inclusive so rather than cut and paste, perhaps there should be more scrutiny.  

Councilor Quandt made the motion to accept the minutes as amended.  Councilor Navetta seconded the motion.  The motion passed by unanimous vote.  

5.     Announcements / Correspondence  

• West Lane County Deputy Sheriff Kerry Boggs.

Mayor Hauptman announced that there was approval to have Sheriff Kerry Boggs patrol Dunes City along with West County .  

Councilor Navetta said it is National Fire Prevention week and recently some of the Florence and Dunes City residents went to the Fire Hall to discuss SB360.  Councilor Navetta said this is an educational tool to protect lands from wild fires.  Councilor Navetta said the State wants us to limb the big trees up and cut the underbrush to help us protect our homes.  Councilor Navetta said the State believes the more people involved will create better results.  Councilor Navetta said this isn't about riparian areas but rather the areas around people's homes.  

Mayor Hauptman read a letter from Mr. Craig McMicken.   

Mayor Hauptman said if Committee and Commission reports are not received by Tuesday one week (9 calendar days) before a City Council meeting at 5 p.m., the report will not be heard and it will be taken off of the agenda.  

Councilor Mills stated that the City has an obligation to take the minutes when a report is given.  

6.     Mayor's report  

Mayor Hauptman said he had no report this month.  

7.     Committee / Commission reports  

• A written Police Commissioner report was received from Councilor Susie Navetta and placed on file.   
• Councilor Peter Howison gave a verbal report on his trip to Dunes, France .  Councilor Howison passed around photographs from his travels.  Councilor Howison presented the Council with gifts from the Councilors of Dunes, France.  Councilor Howison thanked everyone present for allowing him to be a Dunes City Councilor so he could enjoy such an experience.
• Councilor Howison said the Ordinance Review Committee has been working on their projects.
• Councilor Ruede said she submitted her report that she had no report because of a lack of a quorum at their last meeting.  Councilor Ruede said they plan on purchasing a box for bulletins and perhaps even illuminating it.  Councilor Ruede said she will have her committee members contact the business owners advertising on the bulletin board right now to make sure the information is current.  Mayor Hauptman said typically advertisers pay for these kinds of spots. 
• A written report of the Road Commission was received from Councilor Robert Quandt and placed on file.
• Councilor Mills said most of the site review issues have been resolved. 
• Councilor Mills said the Revenue Committee did not have a meeting in September because they did not have a quorum.  Councilor Mills said she anticipates a resignation from a Revenue Committee member.
• The draft minutes of the Water Quality Committee were received from Councilor Richard Koehler and placed on file.
• A written report of the Water Quality Committee was received from Councilor Richard Koehler and placed on file.

Councilor Koehler made the motion that the City Council approve the City's writing of an intergovernmental agreement with the Lane County with Water Quality Committee's help.  Councilor Mills seconded the motion.  The motion passed by unanimous vote.  

• A written report of the Planning Department was received from Planning Secretary Lisa Ekelund and placed on file.

8.     Unfinished / Old business  

• Atkeson property appeal map/tax lot number 19-12-27-40-02200.

Councilor Howison recused himself.   

Mr. Turner (Mr. Atkeson's attorney) approached the Council.  

Mayor Hauptman gave a summary of the events with Mr. Atkeson's property.  

Councilor Navetta showed photographs of the structures in question.  Councilor Navetta said she feels the structures need to be removed.  

Councilor Mills said she wanted to clarify that these nuisance findings have nothing to do with whether or not the land is a buildable lot.

Councilor Quandt made the motion to deny the appeal.  Councilor Mills seconded the motion.  The motion passed by unanimous vote.  

Mayor Hauptman said the Council needs to now address the issues.  Mayor Hauptman said there are bridges, a fence, a stone walkway, a gazebo, the fact that vegetation was removed without a permit, and it goes on.  Mayor Hauptman said they need to deal with the most threatening issues up front.  

Councilor Mills said the fencing is not only a violation of our code but because of it's location it may be a violation of State law.  Councilor Mills said she would like to point out that The Department of Fish and Wildlife restricts the waters from being disturbed from October 1^st until February 15^th.  Councilor Mills said the fence should be removed, but not until after February 15^th and the property owners should be given 30 days after February 15^th.  Councilor Mills said they should not be fined but if they do not remove the fence after the 30 days, a daily fine of $500 should be assessed.  

Councilor Quandt agreed saying as far as the fence is concerned, they shouldn't levy any fines unless it's not abated by March 15^th and after that date, a $500 per day fine would be appropriate.  

Councilor Koehler said the fence is a minor issue.  Councilor Koehler said his view is that the primary issue is the vegetation removal by the creek itself.  Councilor Koehler said the green grass creates pollution from fertilizers and the second issue he sees as more valid are the bridges.  

Councilor Mills made the motion that the property owner is require to remove the fence no earlier than February 15^th and that the property owner has until March 15^th 2010 to remove the fencing, and if not removed by that time, that he be fined at the rate of $500 per day for every day there after that the fencing is not removed.  Councilor Quandt seconded the motion.  

Councilor Navetta said her concern was if they do not impose a fine, how staff is going to be paid for their time.  Councilor Navetta asked how the attorney is going to be paid.  

Mayor Hauptman said they have a lot more issues to deal with and there will be a fine established.   

Councilor Navetta said she will be patient.  

The motion that the property owner is required to remove the fence no earlier than February 15^th and that the property owner has until March 15^th 2010 to remove the fencing, and if not removed by that time, that he be fined at the rate of $500 per day for every day there after that the fencing is not removed passed by unanimous vote.  

Mayor Hauptman said the next topic is the paving blocks.  Mayor Hauptman asked Lisa Ekelund if the picnic/gazebo area is in the riparian area.  

Lisa Ekelund responded to the Mayor's question stating that the picnic/gazebo area is in the riparian area.  Lisa said in her opinion, of all the structures, this one could be moved back or could be removed entirely.  Lisa said if the Council chooses to require removal of the structure, she would recommend all of the paving blocks also be removed.  Lisa said if the Council allows the structure to remain; it makes sense to allow some of the paving blocks to remain because of the natural erosion happening with the creek.  

Councilor Navetta suggested they go to item number 3 and determine whether or not they want to allow the gazebo to remain.  

Mayor Hauptman said he did not want to jump to number 3 because it is easier to stick to the list.  Mayor Hauptman said he would like to finish with the paving blocks.  

Councilor Navetta asked how they can decide on the paving blocks if they don't know whether they are going to keep the gazebo or not.  

Mayor Hauptman said because they are independent of one another, they're different materials.  Mayor Hauptman said paving blocks are different from the gazebo and they are sitting on the ground.   

Councilor Mills said she agrees with Councilor Navetta because if you take out the gazebo, you would take out the paving blocks.  

Mayor Hauptman asked the Council if they would like to skip over the list and the Council agreed to skip over the paving blocks on the list and proceed with the gazebo.  

Councilor Quandt stated that the gazebo has a couple of issues.  Councilor Quandt said, first it's a violation of  155.2.6.600(A)(1) and this is a nuisance, by definition, for the placement of the gazebo in the setback area.  Councilor Quandt said the other violation related to this is 151.020 and this is because there was no building permit taken out for the structure.   

Councilor Quandt said one of the concerns is the removal of the gazebo/picnic area would potentially cause more damage than just leaving it there.  Councilor Quandt suggested the Council go ahead and grant a retroactive variance with the associated fees.  Councilor Quandt said the retroactive variance should also include the condition that a gutter system be added with a downspout to direct the water from the impervious surface onto the backside of the gazebo.  

Councilor Quandt said the other issue is the permit for the structure itself, which would again be a retroactive permit.  Councilor Quandt said if the Council is thinking about allowing the gazebo to remain, it would involve a retroactive variance and a retroactive permit.     

Councilor Koehler asked if there was a need for a conditional use permit.  Councilor Koehler said because this would be a structure in the setback zone, that would facilitate the need for going outside of the City's own existing Ordinances to allow a structure in that area.  Councilor Koehler said the other issue is if you are going to have to do replanting close to the creek side, it nullifies the issue of the removal of this structure because you are going to have to do some work in that area anyways.      

Councilor Navetta said she can't see what a downspout is going to do because where it drains; it will still be draining within the riparian area.  

Councilor Ruede said there would be more damage to the area if the gazebo/picnic area were removed and she thinks in trying to create a mutually agreeable situation, she would agree with Councilor Quandt.  

Councilor Mills said she also agrees with Councilor Quandt.  

The Planning Secretary, Lisa Ekelund, said if the Council allows the structure to remain, when the property owner goes through the permitting process, they will have to submit a plan and it's going to have to be reviewed by the Building Official.  Lisa said the Building Official will have to apply standards that the property owner is going to have to meet in regards to construction so whether or not the Council requires gutters; there may be other standards above and beyond their decision.  

Mayor Hauptman asked Councilor Navetta if she would like to make a motion regarding the gazebo.  

Councilor Navetta made the motion that the gazebo be removed in a proper and careful manner and that the area is re-vegetated.  The motion was seconded by Councilor Koehler.  The motion failed by vote of 2 ayes and 3 nays.  

Councilor Quandt said one of the things they need to figure out is how much time they should allow for the permitting process.  Councilor Quandt said if they allow the gazebo to remain, they would want to make sure that they go through the process of getting the retroactive permits.  Councilor Quandt said they would also need to know how long would be a fair amount of time for the property owner to apply for both the structural permit and the retroactive variance associated with the gazebo.  

Lisa Ekelund said regarding the retroactive variance, going through a variance is a process of public hearings, notifications, and so forth, and the end result is the City Council's decision on whether the variance should be allowed or not.  Lisa said if the Council wants to go through a retroactive variance, the Council has already made their decision to allow it.  

Mayor Hauptman said yes they did, but they have not approved the variance itself.  Mayor Hauptman said he suspects that procedurally what they will do is when the permit is applied for and with the request for the variance, then the Council will hear it.  Mayor Hauptman said it doesn't have to go through the Planning Commission, so the Council will hear the variance and make another decision as to granting the variance.  Mayor Hauptman said they will put out a notice that the Council is going to hear the variance.

Lisa Ekelund said another thing the Council needs to take into consideration is that this would be a variance for an accessory building and accessory buildings are not allowed prior to the construction of a home.   

Councilor Navetta said Lisa is correct.  

Councilor Mills asked when the accessory building code came into effect.  

Lisa Ekelund said she believes this is in the 2006 Land Use Codes.  

Councilor Mills said this is a pre-existing structure.  

Lisa Ekelund agreed with Councilor Mills that this is a pre-existing structure and she has asked when it was built but she was never given the answer.  

Councilor Navetta said the accessory building clause was also in the old Land Use 155.  

Councilor Koehler said he would like to suggest the Department of State Lands be connected because he thinks they're the final say in a lot of these things and when he first spoke to Dave Perry , he didn't have an idea if we had contact with DSL.  

The City Recorder, Amy Graham said DSL has weighed in on this; they have been out to the sight.  Amy said Dave Perry is with DLCD, not with DSL.  Amy said so as far as she knows, DSL did fine the property owners for the walkway/path and said they were fine with the structures as they are.  

Councilor Ruede asked if there was a way they could grant the variance now.  

Councilor Navetta said the variance requires a noticed public hearing.  

Councilor Quandt said if they deal with the variance timeline separately from the retroactive permit timeline, what would be the timeline that would be a fair amount to give to apply for a retroactive building permit for the violation of 151.020.  

Lisa Ekelund said a permit would depend on how quickly they could provide the City with the plans.  Lisa said once they submit the plans, it would be no longer than possibly two weeks for review by the Building Official.  

Mr. Turner requested to ask a question and the Mayor said he would allow it.  

Mr. Turner said he was not familiar with the permitting process here but if the building is already built, is it necessary to submit plans, or is it better to just look at the building.  

Mayor Hauptman said the City needs the plans and they go on file.  

Mr. Turner said this will be interesting because they will have a building permit being submitted and approved for a building that may not get a variance.  Mr. Turner said it seems to him that the Council should wait until after the variance procedure to even go through the building permit procedure.  

Councilor Quandt made the motion that they allow the gazebo to remain based on a retroactive variance for the violation of 155.2.6.600(A) (1) and a retroactive permit for the violation of 151.020 with the condition that a gutter and downspout is added directing water away from the creek and all this is to be completed by 3/15/2010 and if not, then it will be fine of $500 per day and every day there after until it's completed.  Councilor Mills seconded the motion.  The motion passed by vote of 3 ayes and 2 nays.  

Mayor Hauptman said they will go back to the nuisance issue because it's a separate issue.  

Regarding the two bridges on the property, Councilor Koehler said he suggested they remove them because that as well as any other structures within the riparian area violates our laws but also the laws of the Department of State Lands.  Councilor Koehler said they could allow it but they would be violating the City's own Ordinances.  

Councilor Quandt said the removal of the bridges will probably cause more damage.  Councilor Quandt said if the bridge isn't there, then people will just go through the creek on foot and the bridge actually will help the condition of that spot.  Councilor Quandt said with that, we have item 155.2.6.500 item C.  Councilor Quandt said he thinks they should allow the bridges to remain based on retroactive permitting.  

Councilor Navetta asked what the purpose of the bridge is and why do people need to cross it.  Councilor Navetta asked where do the people go after they cross the bridge.  

Councilor Quandt said the creek weaves through the property and people will need to transit the property.  Councilor Quandt said people will transit the creek regardless of whether there's a bridge or not so if it comes down to minimizing the effect on the riparian corridor, he believes letting the bridge remain is the best way to do that.  

Councilor Koehler said they have no idea how things will happen after something occurs, they can suppose but they cannot assume.  Councilor Koehler said he does not think included in their deliberation, the supposition of how someone is going to attain access to their property.  

Councilor Mills said as she recalls one of the bridges was pre-existing and was permitted through the Forestry Department.  Councilor Mills said the City Code allows for water related structures.  

Councilor Quandt made the motion to allow both bridges to remain as exceptions 155.2.6.500 (C)(1) with the condition that retroactive permits are applied for by March 15^th 2010 and if permits are not applied for by March 15^th 2010 then the fine will be $500 per day and every day thereafter. Councilor Ruede seconded the motion.  The motion passed by vote of 3 ayes and 2 nays.  

Regarding the vegetation removal, councilor Navetta said they should submit a re-vegetation plan and that there should be no further fertilization.  

Councilor Mills made the motion that the property owners have until March 15^th 2010 to apply for and obtain a retroactive vegetation removal permit, resubmit a re-vegetation plan that includes woody native plant material to be planted near the creek where natural erosion is occurring with said plan to be approved by the Dunes City Council, and see to install said plant materials in accordance with the plan, and that they are fined $30 per day and every day there after if not complete by March 15^th, 2010, and that Dunes City provide a copy of Chapter 140 entitled Phosphorus Reduction, and be advised of the necessity to comply with that Ordinance.   Councilor Ruede seconded the motion.  

Mr. Turner , ( Mr. Atkeson 's attorney) asked if he could ask a question and Mayor Hauptman said no, they have a motion on the floor.  

Councilor Koehler said the motion has too many additional caveats and he can't see the sense of it, if it was done in a simplistic way, maybe even the minutes taker could understand it but he sees the $30 fine as objectionable as well as not defining the fact that the fertilizers used in this riparian area was not included.  Councilor Koehler said he has an objection to the motion.  

Councilor Mills said the $30 is the maximum allowable on the vegetation violation that the City can charge per the Code.  

Councilor Quandt said he likes the fact that these are not punitive fines.  Councilor Quandt said the City has no proof that fertilizer had ever been used.  

Councilor Navetta said she believes to get green grass to grow on sand is to use fertilizer.   

Councilor Mills said they are restricted to what evidence was presented at the hearing and there was no evidence regarding fertilizer.  

Mayor Hauptman said this is true and that Councilor Mills has a good point.  

The motion passed by vote of 3 ayes and 2 nays that the property owners have until March 15^th 2010 to apply for and obtain a retroactive vegetation removal permit, resubmit a re-vegetation plan that includes woody native plant material to be planted near the creek where natural erosion is occurring with said plan to be approved by the Dunes City Council, and see to install said plant materials in accordance with the plan, and that they are fined $30 per day and every day there after if not complete by March 15^th, 2010, and that Dunes City provide a copy of Chapter 140 entitled Phosphorus Reduction, and be advised of the necessity to comply with that Ordinance.  

Regarding the paving blocks, Councilor Quandt said he accepts the recommendation from staff.  

Councilor Ruede said she agrees and accepts the recommendation from staff.  

Councilor Quandt made the motion to accept the recommendation from staff on the paving block issue. Councilor Ruede seconded the motion.  

Councilor Quandt amended his motion to include that the paving blocks are not to be removed until after February 15^th 2010 but before March 15^th of 2010.   The motion passed by vote of 3 ayes and 2 nays.   

Mayor Hauptman asked the Councilors who voted against the motion, what they were opposed to.  

Councilor Navetta said she was opposed to half of the pavers being there, that they should all go away.  

Mayor Hauptman thanked Councilor Navetta for her answer.  

Mayor Hauptman said the items discussed tonight have been declared a nuisance and under Ordinance 176, there are penalties when you create a nuisance.  Mayor Hauptman said there is a lot of staff time that is allowed to be reimbursed through a nuisance as well as any costs such as legal fees.  Mayor Hauptman said the City Recorder has authority to determine the amount of the fine, which would be based on staff time, attorney fees, or anything other expenditures that the City made in investigating and pursuing this nuisance.  Mayor Hauptman said the costs will be assessed and become a lien upon the property.  Mayor Hauptman asked if the Council wants to assess any costs.  Mayor Hauptman said they are not mandated to so, but they can.  

Councilor Quandt said the violators should pay the costs in association with these violations.  Councilor Quandt said under §91.29 titled Assessment of Costs, it states the "City Recorder shall forward to the owner and person in charge of the property by registered certified mail, a notice stating the total cost of abatement including the administrative overhead".   

Councilor Quandt made the motion that the City be reimbursed for the costs associated with processing and abating these violations pursuant to §91.29.  Councilor Navetta seconded the motion.     

Councilor Navetta stated she seconded the motion for the sake of discussion.  Councilor Navetta asked if this included attorney's fees.  

Mayor Hauptman said yes and he believes Councilor Quandt said this in his motion.   

Councilor Quandt said he did not say this, he said, "Costs associated with abating and administering these violations".  Councilor Quandt said this would include attorney fees and staff fees.  

Mayor Hauptman said the City Recorder will be able to figure this out.   

The motion that the City be reimbursed for the costs associated with processing and abating these violations pursuant to §91.29 passed by vote of 4 ayes and 1 nay.  

Councilor Howison returned to his seat on the dais.  

• Amendment of Ordinance/Dunes City Code Chapter 155 Section 155.2.3.400 (B) (2) (e).

Mayor Hauptman asked how Councilor Howison and Councilor Ruede caught up with tonight's discussion.  

Councilor Howison said he looked at the packet and he watched every minute of the Council meeting on video.  

Councilor Ruede said she did the same thing as Councilor Howison did.  

Mayor Hauptman said they tabled Ordinance 184 from last month's meeting on a motion from Councilor Koehler and the Council will now proceed.  Mayor Hauptman said this is not a hearing.  Mayor Hauptman said they closed the public hearing.  Mayor Hauptman said this is just for Council who has had a month to deliberate.  Mayor Hauptman said they will now have discussion.  Mayor Hauptman recognized that Councilor Howison would like to speak.  

Councilor Howison said he is very familiar with Booth Island and he has had land there for over a decade.  Councilor Howison said he kayaks, he picnics and he hikes on Booth Island .  Councilor Howison said he enjoys the intrinsic natural value in wildlife.  Councilor Howison said he has a rehabilitated Siamese cat but cats are predators.  Councilor Howison said because of this, he speaks in opposition to the amendment.  Councilor Howison said very few Cities have the responsibility of an Island , especially one that's been designated as an Open Space. Councilor Howison read from the Dunes City Comprehensive Plan page 36 and page 57.  

Councilor Mills asked if she could interrupt and Mayor Hauptman told Councilor Mills no she may not interrupt.  

Councilor Howison read Policy B12 and Policy B15 from the Dunes City Comprehensive plan.  

Councilor Howison said there have been questions raised with the original Booth Island Ordinance passed in 2006 with regard to who may have suggested the pet prohibition in the first place and whether or not this was a compromise.  Councilor Howison said he was there and what is important is the Ordinance allowed property development within an open space overlay.  Councilor Howison said there was opposition and the vote was not unanimous.  Councilor Howison said the Beckman's got their Ordinance passed and the Ordinance provided for development and significantly increased the value.  Councilor Howison said the pet prohibition along with an enhanced shoreland protection was a little bit of a compromise.  Councilor Howison said they modestly preserved the intrinsic natural value that was discussed about in the Comprehensive Plan in Policy B12 and clearly, it was a compromise of conflicting interest of protecting our Open Space versus allowing private property development.  Councilor Howison said he can't keep his cat from going outside and it's unrealistic to think you can keep cats inside.      

Mayor Hauptman gave Councilor Howison 3 more minutes.  

Councilor Howison said in reference to documentation he brought regarding cats, cats are not a natural part of eco systems and cats compete with native predators.  Councilor Howison said there have been extensive studies on islands, and cats can remove 100% birds, domestic cats are considered primarily responsible for the extinction of island bird species, and cats can have significant impacts on local wildlife populations.    

Mayor Hauptman said we're good.  

Councilor Howison said he still has a couple other points to make.  

Mayor Hauptman asked if Councilor Howison is going to do another Checkers speech.  

Councilor Howison said he has a couple more points unless he is going to be shut off.  Councilor Howison asked for 5 more minutes.  

Mayor Hauptman said what they have in front of the Council is an amendment to an Ordinance.  Mayor Hauptman said they had the hearing last week.  Mayor Hauptman said with all that, has Councilor Howison brought forth his amended amendment of the Ordinance because what they are voting on tonight is to either pass this amended Ordinance or not pass the amended Ordinance.  Mayor Hauptman said it doesn't matter what happened before, it doesn't matter that the development was approved several years ago.  Mayor Hauptman said this is irrelevant and is not what the Council is talking about.  Mayor Hauptman said what they are talking about is an Ordinance that will allow confined pets, period.  Mayor Hauptman said he understands where Councilor Howison is coming from.  

Councilor Howison said he has a couple more arguments related to that.  

Mayor Hauptman clarified that Councilor Howisons' argument is related to confined pets.  

Councilor Howison said yes and Mayor Hauptman gave Councilor Howison another 3 minutes.   

Councilor Howison said the City's Comprehensive Plan is clear in terms of protection.  Councilor Howison said this is not an issue of fairness.  Councilor Howison said the amendment is a Land Use Ordinance and would discriminate with regard to diverse properties all the time.  Councilor Howison said the City has numerous rules pertaining to different properties.  Councilor Howison said there are no permanent residents and there are currently no cats on the island.  Councilor Howison said there's no reason the City can't prohibit pets on the entire island.  

Councilor Mills said Councilor Howison has a financial interest in this issue and is bound by the ethics laws of the State of Oregon and must excuse himself because it is in his best interest for this change to not occur because he has no competition for selling his property should he choose to do so.  Councilor Mills said Councilor Howison was given the opportunity to testify and she thought the hearing was over.  

Mayor Hauptman said the hearing is and was over.  Mayor Hauptman said it would be Councilor Howisons' option to recuse himself.  

Councilor Koehler said if anything, what Councilor Howison said would diminish the value of his property not increase it.  Councilor Koehler said he doesn't see a conflict of interest other than the interest of maintaining the wildlife integrity.  

Councilor Ruede said she was asked in the beginning if she had listened to the tape and read the materials leading up to this and she would like to just submit to the Mayor that yes she did and she could certainly appreciate Councilor Howisons' point of view but Councilor Howison is just one of the property owners there and during the hearing she (Councilor Ruede) heard numerous testimony both verbal and written from property owners on the island as well.  Councilor Ruede said Mr. Howison is in the minority here as the majority of the testimony that she heard occurring during the hearing was in favor of allowing household pets.  Councilor Ruede said she heard Councilor Howison speak of his cat named Freda , and asked if Councilor Howison wants to deny someone else, a property owner, to have their Freda pet.  Councilor Ruede said she thinks this is discrimination and she is inclined to agree with the Planning Commission's recommendation.  Councilor Ruede said the Planning Commission is recommending to allow the amendment and she agrees with their hard work.  Councilor Ruede asked if the Council thinks the Planning Commission had not thought of all these things.  Councilor Ruede said she gives the Planning Commission good merit and she respects their point of view and she will be voting with that persuasion.  

Councilor Navetta said she would like a better definition of "pets".  Councilor Navetta asked if they are talking about boa constrictors, alligators, pot bellied pigs, what are they talking about.  

Mayor Hauptman said this is up to the Council to clarify this and they've had plenty of time to look at this.  

Councilor Navetta said no they are talking about one word here and this one word is not enough for her.  

Mayor Hauptman said he understands.  

Councilor Navetta said she agrees wholeheartedly with Councilor Howison.  

Councilor Howison said he would like to address Councilor Mills.  Councilor Howison said this is not a quasi-judicial decision but it is a legislative decision.  Councilor Howison said because of this, as a councilor and property owner in Dunes City he has a right to weigh in on this.  Councilor Howison said he respectfully submits that he does not need to recuse himself.  

Councilor Mills made the motion that the Council allow the amendment to allow the word "unconfined" to be added to section 155.2.3.400 (B)(2)(e) so that it reads "livestock, unconfined pets, or domesticated animals are prohibited".  Councilor Ruede seconded the motion.  The motion tied by vote of 3ayes and 3 nays.  Mayor Hauptman broke the tie in favor of approving the amendment.  

Mayor Hauptman said he is in favor of approving the amended Ordinance because it's fair, it doesn't matter that it was a dumb deal in the first place, and honestly he is really tired of this political nonsense, and that's what this is, that's all this is.  Mayor Hauptman said in reality, by denying this, we're not stopping anything.  Mayor Hauptman said this is a part of the island.  Mayor Hauptman said Councilor Howisons' lots do not prohibit pets.  Mayor Hauptman said some day those lots will be sold and the City has no control over this so it's kind of ridiculous to penalize the Beckman's in this case because of past political difficulties.  Mayor Hauptman said he won't be a part of that.  

Mayor Hauptman adjourned the meeting for 10 minutes.  

Mayor Hauptman reconvened the meeting at 9:15 p.m.  

9.     New business  

• Parks and Recreation Commission appointment (2) (D. Anderson, M. Tizzard , G. Lapping).

Councilor Navetta made the motion that they appoint Mr. Gary Lapping and Ms. Meredith ( Mimi ) Tizzard to the Parks and Recreation Commission.  Councilor Koehler seconded the motion.  The motion passed by vote of 4 ayes and 2 nays.  

10.              Public hearing

·        Septic Ordinance

Mayor Hauptman announced that this hearing will be postponed due to the Planning Commission recommendation for additional time to develop the Ordinance.  

11.              Unscheduled items not listed on the agenda.  

• Bills of the session through 10/02/09 .
• Receipts of the session through 10/02/09 .

Councilor Quandt made the motion to accept the bills and receipts of the session.  Councilor Mills seconded the motion.  The motion passed by unanimous vote.  

Councilor Mills handed out a budget comparison to the Council.  Councilor Mills said the instrument shows how much they have spent and how much was budgeted.  Councilor Mills spoke of page 8 regarding payroll stating she is concerned with this.   

Councilor Mills respectfully requested and made a motion to have a combined Budget Review and Revenue Committee meeting on Wednesday November 11^th at 6:30 p.m.  

Amy Graham said there is nothing under City County Road Partnership or Hotel Fund.  Amy said the way QuickBooks works, she ( Amy ) has to do a separate journal entry.  Amy said that right now the wages for herself and the Administrative Assistant are showing under the General Fund.  Amy said none of the wages are showing in the other Funds at this moment because she has to do journal entries to allocate them to the appropriate funds.   

Councilor Mills said this is why she would like the meeting, to have this explained.  

The motion to have a combined Budget Review and Revenue Committee meeting on Wednesday November 11^th at 6:30 p.m. was seconded by councilor Quandt.  The motion passed by unanimous vote.  

12.              Adjournment  

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

Councilor Koehler made the motion to adjourn the meeting and Councilor Quandt seconded.  The motion passed by unanimous vote.  

The Mayor adjourned the meeting of the Dunes City Council at 9:29 p.m.  

The next scheduled meeting of the Dunes City Council is to be held on November 12, 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   ========================

 

Report_Police_090918

 

Dogs off leash complaint

9/7/09 - Jim Kennedy (902-9536) complained about dogs running loose in the neighborhood. According to Mrs. Kennedy the two dogs from 83142 S. Pioneer Road are loose several times a week. I did several site visits before finding the dogs out of their yard as neighbors find them out and return them to their yard.

9/12/09 - I hand delivered a copy of the Dunes City Ordinance 178 and marked the parts of the ordinance that applied to the situation. Such as:

92.21 DOGS AT LARGE PROHIBITED.

92.22 CONTINUANCE ANNOYANCE.

92.23 POTENTIALLY DANGEROUS DOG.

92.29 DOG WATER MATTER.

92.36 CLASSIFICATION OF VIOLATION OF ANIMAL REGULATIONS.

9/16/09 – I received another loose dog complaint from the Kennedy residence, but could not respond. Another neighbor call the landlord, Chris Lytle (541-459-5254) to inform him of the circumstances.

9/17/09 – I responded to a call from Mrs. Kennedy and witnessed the dogs out of their enclosure. Mrs. Kennedy stated the husband had left the gate open. I waited for the owners to return and confronted the dog owner and asked if she had read the Ordinance I left with her. She told me they were being evicted and that they had sold the dogs.

The City will be sending a letter to the owner and the renter of the property on Monday, September 21, 2009.

9/19/09 and 9/20/09 Mrs. Kennedy reported that the gate was open all of the time and the dogs were loose.

Submitted by Susie Navetta on 9/20/09.

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DUNES CITY ROADS COMMISSION

October 8th^{th 2009 Report to Council}

This year’s scheduled roads projects are complete. We started with an ambitious patch and repair program to dig out and repave a large number of potholes and troubled areas throughout the city. We also had a few complete pavement overlays on the streets that the condition was beyond recovery. Eugene Sand and Construction did a great job accommodating the residents in this phase of the construction and many residents were thanking them for fixing their streets as they worked. Following that came the Slurry seal program, which included 20 streets. After all the repairs were complete the patchwork was covered by a slurry seal and the streets are now a single cohesive surface. This was the most inconvenient phase of this year’s maintenance program. A few of the streets were not ready for traffic by 6:00pm and unfortunately the residents in those areas were delayed entry a couple of hours beyond what they had been planning. We sincerely apologize for that. The slurry contractor placed sand in areas on those streets in preparation for traffic and will return to clean that off in the next couple of weeks. In order to minimize further traffic delays for the following days projects, we removed four of the eleven streets planned for that day so we could open them all by 6:00pm.

In conclusion, I would like to thank the vast majority of those residents that were able to accommodate that first days schedule change and handle this inconvenience with grace. Throughout the projects most residents recognized that this was being done for them and that they were partners in the program to improve the cities street system. The end result of this ambitious project is vastly improved street system in which we will see the benefits for years to come.

Robert Quandt    ^{Roads Commission Chair}

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Water Quality Committee Report to Council

October 8th 2009

The Water Quality Committee met twice last month, during our regular meeting and to complete our fine input toward a better septic maintenance ordinance.

During the regular meeting committee members attending the Oregon Lakes Association annual meeting discussed what occurred and John Stead’s presentation - speaking for a proactive approach to water quality.

Water testers expressed the need for a boat bracket to be made. A motion passed to have the 60$ bracket made that will help in more efficient lake water testing.

Requests for information suggestions – what information is important to be displayed – for the website and newsletters and office was requested.

Ms. Navetta and I met late last month with citizens who spoke during last month’s council meeting. These citizens were concerned with commercial septic and water quality issues. We made contact with the county sanitarian and Environmental Health water specialist. The city recorder has been apprized of this situation.

Since the Moratorium the water quality committee has had a greater awareness of the need to have the cooperation of other agencies for the protection of drink water used by both Dunes City and Honeyman State Park. It is a Comprehensive Plan Imperative. Discussions during his monthly visits to Dunes City and correspondence with Commissioner Fleenor have been favorable in this regard. Having an Inter Governmental Agreement (IGA) with Lane County may enable a more cooperative association with those from Lane County whose waters affect Dunes City residents. Additionally, communications between those outside our city regarding water issues must be established both as a preventive and future emergency measure.

It is because of these concerns of the committee that I would like to move that the City Council approve the City’s writing of Inter Governmental Agreement with Lane County with this committee’s help.

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Septic System Maintenance Status Report

September 29, 2009 ~ Prepared by Fred Hilden

In addition to mailing 20 septic packets in September, significant focus continues on reviewing property files and updating the Septic Maintenance Database. To complete this task over the next 4-5 months will require reviewing approximately 150 property files per month.

Dunes City Septic System Maintenance Status Report – September 29, 2009
2009	# Notified	# Complied	Percentage Complied	# Warning Letters	# Citation Letters	# Lien Letters
Prior to June*	224	171	76.3%	13	0	0
July	20	17	85.0%
August	22	11	50%
September	20	1	5%
Totals	286	200		13	0	0

* These numbers will change as property files are researched and the database updated.

Note: Dunes City’s current ordinance allows 60 days for compliance.

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Planning Department Staff Report

Report Date: ^{September 2009}

Staff: Lisa Ekelund, Planning Secretary

From 09/01/09 through 09/15/09, I scheduled 12 inspections, reviewed and issued 2 permits, and reviewed and/or responded to 117 emails. I continue to fine-tune the data system to keep track of permit and inspection activity. I answer many inquiries both in person and over the telephone. I've began showing the Administrative Assistant the permitting process for times when I am away from the office. Letters to various 2007 permit holders were sent in an effort either to finalize open outstanding permits, or to receive the documents showing that the final inspection had taken place. With these letters, we have received telephone calls from citizens who question why we do not have the proper reports and in response to those phone calls, we are explaining the difficulties the office has had in receiving paperwork from The Building Department and expressing our gratitude to the citizens for their assistance.

During the week of 09/15/09 through 09/18/09, I was on my vacation.

From 09/21/09 through 09/29/09, I attended a staff meeting, reviewed and issued 3 permits, answered a multitude of questions, scheduled 12 inspections and reviewed and/or responded to 102 emails. I wrote a staff report relating to permitting violations on property owned by Mr. Greg Atkeson. I also spoke to the Planning Consultant, Larry Lewis regarding Mr. Atkeson's property as it relates to the open space overlay. I organized and prepared additional documentation on Mr. Gary Dimon's property for the Planning Commission meeting held on 09/24/09. I entered data in on the inspection results while documenting the Building Officials time spent conducting City business. I continue to organize documentation of the upcoming hearing with The Building Department. I have researched documents for the City Attorney regarding various issues. I continue to research and organize expired and expiring permits. I completed the draft minutes from the 09/10/09 City Council meeting and the 09/24/09 Planning Commission meeting. I notified the appropriate parties of the decisions made as needed.

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