1.
Call to order
Mayor
Rebecca Ruede
called the meeting of the Dunes City Council to order at
7:00 pm
.
2.
Roll
call
Roll
Call was taken by City Recorder
Fred
Hilden
.
Present:
Mayor
Rebecca Ruede
, Council President Jamie Mills, Councilor
Richard Koehler
, Councilor
Troy
Sathe
, and Councilor
Duke Wells
.
Absent:
Councilor
Richard Anderson
was absent and excused.
Also
Present: City Recorder
Fred Hilden
and several citizens.
3.
Pledge of Allegiance
All
who were present stood for the Pledge of Allegiance.
4.
Approval of the agenda
Councilor Koehler made a motion to amend the
Agenda by moving item 10 (C) to New Business.
Councilor Sathe seconded the motion.
The motion passed by unanimous vote.
Councilor Mills made a motion to approve the Agenda. Councilor
Koehler seconded the motion. The motion passed by unanimous vote.
5.
Consent agenda
City Recorder
Fred Hilden
explained that there was a correction made to the minutes where, on page 5,
a reference to “Council President
Rebecca Ruede
” was corrected to read “Mayor Rebecca Ruede,” and there was an
amendment to the Bills of the Session as Councilor Sathe had requested a
deposit be paid to
Gary Baker
for the work to be performed in preparing the Master Road Plan as it was
included in the 2010-2011 Budget. City
Recorder
Fred Hilden
further explained that these amendments were distributed to the Council via
email on
June 8, 2011
.
Councilor
Mills made a motion to pass the Consent Agenda as amended.
Councilor
Scarberry
seconded the motion. The motion
passed by unanimous vote.
6. Announcements / Correspondence
Mayor
Ruede announced that there have been cougar sightings in the Cloud Nine area
and residents are urged to keep a close eye on children and pets.
The
artist of the month is photographer Larry Bacon.
A
proof of the proposed newsletter was distributed to the Council members for
review. City Recorder
Fred Hilden
requested that any recommended changes be submitted to him no later than the
end of the day on Monday, June 13th.
7.
Citizen Input – None
8.
Committee/Commission Reports
Mayor’s Report
– Mayor Ruede reported on the committee meetings she attended and urged
citizens to volunteer for the open positions.
She reported on the two Lane Area Committee on Transportation (Lane
ACT) meetings she attended. Mayor
Ruede expressed her opinion that it is important to keep
Dunes
City
’s presence in front of the decision-makers of
Lane
County
and the State or other organizations that may impact the City in the future.
Mayor Ruede asked for a motion from the Council to authorize the
payment of the annual dues of $87 to join the Oregon Mayors Association
Councilor Koehler asked what the inevitable results of joining the
organization would be, to which the Mayor replied communication and the
ability to discuss common issues with other mayors and attendees.
Councilor
Wells made a motion that
Dunes
City
join the
Oregon
Mayors Association.
Councilor Sathe seconded the motion.
After discussion, the motion passed by unanimous vote.
Communication
& Education Committee Report – Mayor Ruede reported that there was
a joint meeting of the Communication & Education Committee and the Parks
and Recreation Committee, however, since there was no quorum to conduct
business, they only discussed general topics of mutual interest.
Councilor Koehler urged that committee leaders be sure they provide
adequate notice to their members to attend the meetings, so every effort can
be made to avoid this situation.
Community Center
Report – Councilor Wells stated he
had nothing to report.
Conservation
Committee Report – City Recorder
Fred Hilden
read the Conservation Committee report into the record.
Ordinance Review
Committee – Councilor Mills read the Ordinance Review Committee report
into the record. Councilor Sathe
asked how long does the Ordinance Review Committee plan on holding off on
the Title 1. review. Councilor
Mills explained not long, probably a month or just until some of the other
issues like septic and fees are finalized.
She pointed out that the committee is meeting twice a month.
Councilor Koehler
asked if a review of the need for a deposit on a complaint was ever done.
Councilor Mills reported that the committee did not feel it was in
their jurisdiction to make a decision whether or not there should be a
deposit charged; they felt that was a decision for the City Council.
Councilor Koehler stated sending the ordinance to the attorney before
it comes to the Council seems to be double charging, since the Council may
make changes and then send it back to the attorney for review.
He asked where this process came from.
Councilor Mills said she didn’t know which way was the best because
sometimes an ordinance or resolution comes to the Council and they send it
to the attorney for review and it seems to take a lot longer.
Councilor Mills said at least this way the attorney can keep us from
doing something that might get the City in trouble.
Councilor Koehler
asked if the Water Quality Committee was given an opportunity to review the
proposed septic ordinance. Councilor
Mills reported that they had.
Parks and
Recreation Committee Report – Councilor Koehler read the Parks and
Recreation Committee report into the record.
Councilor
Koehler made a motion to instruct the City Recorder to contact
Lane
County
to have
Dunes
City
’s Bird, Petersdorf and Overlook
parks legitimized and identified on
Lane
County
maps.
Councilor Wells seconded the motion.
After discussion, the motion passed by unanimous vote.
Councilor
Koehler made a motion to have the City Recorder contact Commissioner
Bozievich about cleaning up properties south of the
Siuslaw
Bridge
.
Councilor Sathe seconded the motion for purposes of discussion.
After discussion, the motion failed by a vote of 1 aye (Koehler) and
4 nays.
Revenue Committee
Report – Councilor Scarberry read the Revenue Committee report into
the record. Mayor Ruede noted on
the record that the Revenue Committee voted to recommend the Council keep
the water compliance fees at $150.
Road Commission
Report – Councilor Sathe read the Road Commission report into the
record.
Site Review
Committee Report – Councilor Wells
reported that the Site Review Committee did not meet as there was no
business to be conducted.
Water Quality
Committee Report – Councilor Mills read the Water Quality Committee
report into the record. She also
reported that the Water Quality Committee reviewed the proposed septic
ordinance and committee member
Milton Farrand
submitted a language change suggestion that will be considered by the
Ordinance Review Committee at their next meeting.
She also asked if anyone on the Council objected to her sending
Commissioner Bozievich a follow-up letter regarding the items discussed on
the tour in April. Discussion
followed. The consensus was that
Councilor Mills could send the letter after it was reviewed by the City
Recorder and the Mayor first.
Councilor Koehler
reported on the blue-green algae bloom on
Woahink
Lake
and described what the Water Quality Committee had done in the past.
Councilor Mills thanked the Siuslaw Watershed Council for having the
testing available and done so quickly to determine that there were no
toxins. She also stated that a
press release has been issued. It
was not a dangerous algal bloom as far as we can tell from the testing that
was done.
Planning
Commission Report. City
Recorder
Fred Hilden
read the
Planning
Commission report into the record.
Emergency
Coordinator Report – City Recorder
Fred Hilden
stated there was no Emergency Coordinator report this month.
City Recorder
Report – City Recorder
Fred Hilden
read the City Recorder report into the record.
Councilor Koehler asked how there could be inspections in
Dunes
City
without any reported receipts of funds associated with those inspections.
City Recorder
Fred Hilden
reported that because the owner is out of town frequently, Wally’s
pre-pays for the septic reports in blocks of ten and as the reports come in,
the City charges against those prepaid credits.
Councilor Koehler asked about a rough estimate as to the monthly
compliance numbers. City
Recorder
Fred Hilden
reported that he was not able to provide an estimate this evening.
Councilor Mills
inquired as to the claim in the City Recorder’s report that the Budget
Committee adopted a 17% decrease in personal services when current
expenditures are at about $114,000 to the end of May and even if you add
another $10,000 to cover June’s payroll, you get $124,000 total for
2010-2011. The Budget Committee
adopted $120,000, so that $4,000 less isn’t a 17% reduction.
City Recorder
Fred Hilden
explained that there were a couple of months in 2010-2011 when the City
tried to get by with the Administrative Assistant doing the Road
Secretary’s job as well. The
17% may be a little high, but if you take the current rate and multiply it
by 12 months, the difference is pretty close to 17%.
9. Public Hearing
Resolution Series
2011, No. 4 (
06/09/2011
) – A Resolution Adopting the
Dunes
City
Fiscal Year 2011-2012 Budget
Mayor Ruede
announced the public hearing and that all notice requirements have been met.
She then invited City Recorder
Fred Hilden
to make a statement.
City Recorder
Fred Hilden
reported that the notice published in the Siuslaw
News contained incorrect information.
He stated that according to the Oregon Department of Revenue, this
constitutes a clerical error and can be corrected by the reading of the
letter into the record at the public hearing on consideration of the budget.
City Recorder
Fred Hilden
read the entirety of the letter into the record.
He clarified that this was a clerical error from the transmission of
the data from the Budget Committee meeting to the newspaper and is not the
fault of the newspaper.
Mayor Ruede
explained to the Councilors that all of the information in the packet is
correct. Mayor Ruede opened the
budget hearing at
8:02 p.m.
and asked for public input.
Paul Floto,
Dunes
City
resident. Mr. Floto
congratulated the Budget Committee for their work and expressed his opinion
that, for the most part, it appears to be a realistic budget.
He expressed minor concern regarding a few of the figures such as
$5,000 in fines and abatements, $8,500 income on septic fees, $2,000 income
on septic license fees, and $6,000 on business license fees. Mr. Floto
stated he wasn’t sure they were realistic numbers and he does not support
using the septic fees to balance the General Fund.
There being no
further public comments, Mayor Ruede closed the public hearing at
8:06 pm
.
Councilor
Mills made a motion to approve Resolution Series 2011, No. 4 dated
June 9, 2011
, a Resolution Adopting the 2011-2012
Fiscal Year Budget. Councilor
Sathe seconded the motion.
Councilor Mills
explained that the existing septic ordinance requires all residents to
comply by March 12, of 2012, and the $8,500 number came from multiplying the
estimated number of properties that have not complied by $50
Dunes
City
inspection fee. The $5,000 was
an estimate of what the City may need in order to abate those individuals
who do not comply by the deadline.
Mayor
Ruede requested a roll call vote. The
motion passed by unanimous vote.
Buckskin
Bob
Road
Vacation Petition –
Mayor Ruede
announced the purpose of the public hearing and inquired as to whether all
of the Councilors had an opportunity to review the materials in the packet.
All Councilors stated that they had the opportunity.
City Recorder
Fred Hilden
stated that this hearing has been properly noticed according to law.
Mayor Ruede opened
the public hearing at
8:10 pm
and asked for public input in support of the vacation petition.
Mr. Bassett explained that he and Mr. Davis had already made their
presentation twice and inquired as to whether they needed to do it again.
Mayor Ruede asked the Councilors if they felt it was necessary for
the applicants to present the report. Councilor
Sathe indicated he would read the report from the Road Commission after the
public comment period.
Mayor Ruede invited
public input in opposition to the vacation petition.
George Burke
,
Dunes
City
resident. Mr. Burke stated he
opposes vacating any street or access in the City.
He explained that in the past when vacations have been approved, it
has been disastrous, leaving dead-end roads in several locations.
He does not think it is wise to give up any access to the lake.
Mary Jo Leach,
Dunes
City
resident. Mrs. Leach stated she
opposes giving away any public land. There
is little of it and there is a reason the Comprehensive Plan protects it.
Also, she has specific concerns with regard to the proposal.
The triangular lot has a rectangular house and they are already using
a portion of the City’s right-of-way.
Maybe it makes sense on that one, but we don’t know what is going
to happen in the future. “What
if the dam is taken out?” She
went on to explain that it disturbs her that the other triangle shaped piece
of land proposed for vacation is for a well.
Mrs. Leach said she doesn’t believe that even with this triangle
piece that
Lane
County
would approve a well because its just not big enough for a well set-back,
septic system, and replacement field.
No further public
comment was made. Mayor Ruede
asked the Councilors if they had questions or input.
Councilor Sathe explained the Road Commission’s activities,
investigation and findings, stating that if the City were to approve the
vacation of the small triangular piece, it would not affect the City’s
roadway and in fact would be a benefit because the property owner would
remove a tree from the right-of-way. The
larger triangular piece, however, doesn’t make sense to approve because,
basically, we would be giving them the property so they could have a well
there, but would block access to the lake so we couldn’t construct
something there later if we wanted to. Also,
it directly affects the electric company and blocks them from coming in and
working on the power pole. The
Road Commission recommends that triangle 2 (the small triangular piece) be
vacated and that the applicants pay for all costs that is incurred by the
City and remove all the trees that are now in the City right-of-way as part
of the vacation. The Road
Commission recommends denial of the request to vacate triangle 1 (the larger
triangular piece).
Mayor Ruede asked
Councilor Sathe if he had any idea of the costs for removal of the trees.
Councilor Sathe estimated $1,500 for the trees and asked the City
Recorder to discuss other costs.
City Recorder
Fred Hilden
explained that the city attorney, at least preliminarily, has determined
that since the City doesn’t have an adopted fee for a citizen generated
request for vacation, the City can only charge for the costs of publication
for the public hearing. Other
costs to be borne by the applicants, as well as potential income that may
result from the sale of the lumber, were discussed.
Also discussed was the process for the Council to act on the
vacation, the total acreage involved, payment of the value of the land, and
whether conditions of approval could include recovering all costs incurred
by the City associated with the vacation application.
City Recorder
Fred Hilden
also cautioned that if the Council decides to approve the vacation of one
piece of land and not the other, it may be construed as discriminatory
behavior. Discussion followed.
Councilor Mills
stated her opinion that there appear to be a lot of questions remaining
unanswered and she would like to see the public hearing continued at a
different date. Councilor Sathe
asked the applicants if they would be willing to withdraw their joint
application and resubmit them separately.
Councilor Wells concurred with that idea.
Councilor
Mills made a motion to continue this public hearing at the next regular City
Council meeting. Councilor Sathe
seconded the motion. The motion
passed by unanimous vote.
Mayor Ruede called
for a five minute recess.
10.
Unfinished/Old Business
Letter
from Mike Cocciolo regarding
Greengate Road
Gap –
Councilor
Wells reported on the progress of the investigation into the issue.
He further reported that one member of the committee had voluntarily
resigned because his participation may have given the appearance of conflict
of interest and he didn’t want to adversely affect the credibility of the
Committee.
Resolution Series
2011, No. 5 (
06/09/2011
) - Water Rights Compliance Administrative Fee –
City Recorder
Fred Hilden
pointed out a typographical error in the date at the bottom of the page.
It should read 2011, not 2010. He
read the entirety of the resolution into the record.
Councilor
Sathe made a motion to adopt Resolution Series 2011, No. 5 dated
June 9, 2011
.
Mayor Ruede asked
for public comment.
Mary Jo Leach,
Dunes
City
resident. Mrs. Leach detailed a
meeting she had with the State Water Master and expressed her concern that
there are so many people illegally taking water from
Woahink
Lake
without a permit. She explained
that the Water Master was ready to pursue the violators, but was waiting for
Dunes
City
to give the okay. Mrs. Leach
asserted that it is unfair for a small group of people to cover all the
costs. Also, she thinks it is
unfair that the community systems pay the same amount as an individual
because they use so much more water. City
Recorder
Fred Hilden
explained that the permits are not based on amount of water used, but how
many take-outs they have. The
community systems have the same number of takeouts as an individual would
have, unless individuals also have irrigation lines.
Mrs. Leach also stated her understanding that there are an estimated
30 people who are refusing to pay. In
her opinion, the City should pursue those individuals.
There has to be some parity at some point.
Suzie Navetta,
Dunes
City
resident. Mrs. Navetta pointed
out that many residents have three lines coming from the lake - they have
the water line, the irrigation line, and a heat pump line.
When she was on the Council and started the water program years ago,
the City charged for each of the three separate lines.
If the community water system has three separate lines, they should
pay for all three lines. She
also states that with regard to the perfection of water rights, once the
water right is perfected, all building ceases.
Councilor Sathe
stated that as of this year, we are at a $4,663.11 profit this year.
This water right is not supposed to make a profit; it is only
supposed to cover expenses. We
already have a $41,000 surplus. There
is no reason to charge more than it takes to run the program.
Further discussion followed.
Councilor
Sathe restated his prior motion to adopt Resolution Series 2011, No. 5,
dated
June 9, 2011
.
Councilor Wells seconded the motion.
The motion passed by unanimous vote.
Councilor Mills
stated the problems raised by the citizens in the discussion on the water
compliance fee need to be addressed and she doesn’t want to see them
forgotten. Councilor Mills
suggested that it be placed on future agendas.
Councilor Sathe asked Councilor Koehler if he had met with the City
Recorder regarding the research on who is not in compliance and who is using
water from
Woahink
Lake
illegally. Councilor Koehler
said he had conferred with the City Recorder and it is all still up in the
air. Collaboration with the
Water Resources Department and
Dunes
City
may elicit more state power for enforcing or at least rectifying some of
these blatant problems. Councilor
Koehler suggested a meeting in the Water Quality Committee to talk with the
Water Master on how we go about achieving equality.
Mayor Ruede announced that the issue would be placed on the next
Council Agenda.
11. New Business
Comprehensive
Plan & Buildable Lands Inventory Contradiction
–
Mayor
Ruede invited
Planning
Chairman
Lee Riechel
to explain the issue. Planning
Chairman Lee Riechel explained that the 1997 Comprehensive Plan included the
Buildable Lands Inventory. In
2005 there was an update to the Buildable Lands Inventory which
says the City is 83 acres short of the Buildable Lands.
That is enough of a conflict that the City cannot consider any City
boundary expansions until it is corrected.
As a consequence, the
Planning
Commission recommends the language change contained in the Council packets.
Councilor
Koehler stated that ORS 197.296 says we don’t need a Buildable Lands
Inventory unless the population is over 25,000 or the neighboring properties
are 25,000, so why does the City need a Buildable Lands Inventory when the
City has so many vacant properties and undeveloped lots already.
Planning
Chairman Lee Riechel replied that this is not what is being asked right now.
That question is for another committee to consider at a later date.
All the
Planning
Commission is seeking now is for the Council to correct the conflict in the
Comprehensive Plan.
Councilor Sathe made a motion to give the
Planning
Commission the go ahead to find out
how to get more buildable lands.
Planning
Chairman
Lee Riechel
explained that is not what the
Planning
Commission is asking for. What
is being asked for is for the Council to direct staff to prepare an
ordinance to change the Comprehensive Plan to correct the conflict.
That’s all we are asking for.
Councilor Sathe amended his motion to ask the staff to write an
ordinance to make the Comprehensive Plan legal by State statute.
Councilor Mills seconded the motion for purposes of discussion.
Councilor
Mills pointed out that it can’t be an ordinance because State law says the
Comprehensive Plan is a guideline, not law and ordinances are law, so she
would like to know: “How is it
done?” “By Resolution?”
She stated she supports a motion to direct staff to look into how it
is done by making a phone call to Oregon Department of Land Conservation and
Development, but it should be a thirty minute idea.
Mayor
Ruede asked City Recorder
Fred Hilden
to restate the motion.
Councilor
Koehler expressed his concern with opening up the Comprehensive Plan and
that there needs to be public input on any change to the Comprehensive Plan.
Mayor
Ruede stated her opinion that whatever process is necessary will be followed
accurately and that we shouldn’t be afraid to open the Comprehensive Plan.
Councilor
Wells stated he felt the Council was missing the point that the
Planning
Commission was making, and that is, they need the correction done now.
Councilor Wells believes we should just vote on the recommendation of
the
Planning
Commission.
Mayor
Ruede explained there were certain steps that need to be followed.
Again, Mayor Ruede asked that the motion be restated.
City
Recorder
Fred Hilden
also recommended that the motion and second be withdrawn and a new motion be
made. Further discussion
followed.
Councilor Sathe withdrew his motion.
Councilor Mills withdrew her second.
Councilor Sathe made a motion to direct staff to investigate the
Comprehensive Plan and see how they can make it legal with the Buildable
Lands Inventory. The motion died
for lack of a second.
Planning
Commission Vice-Chairman
George Burke
was recognized to speak. Mr.
Burke explained that the City hasn’t done anything to change its Buildable
Lands Inventory or expand its Urban Growth Boundary.
What the City has done is send a request for an expansion of the
Urban Growth Boundary to the
Planning
Commission for consideration. The
Planning
Commission cannot act on that request until this conflict is resolved and
the City Council makes some kind of decision on what to do about expanding
the Urban Growth Boundary. In
2005 the City recognized that it was 83 acres short and now they are going
to have to live up to that decision and expand the Urban Growth Boundary to
make up for the deficit just like Eugene and Springfield have done.
The first thing the City Council has to do is make the document legal
like the
Planning
Commission has recommended, and then decide if the Urban Growth Boundary is
going to be expanded and it has to be done in a specific manner.
Further discussion took place.
Councilor Mills made a motion to direct
staff to inquire into the proper and legal method of amending a
Comprehensive Plan. The motion
was seconded by Councilor Koehler. After
discussion, the motion passed by unanimous vote.
Selection
of Auditor for Fiscal Year 2010-2011
–
City
Recorder
Fred Hilden
stated the advantages of re-contracting with Hough, MacAdam & Wartnick
and made recommendation to the City Council that they retain the firm and
approve the proposed contract. Discussion
on pricing of the audit took place. Page
5 of the contract contains the fee expected.
Councilor Sathe made a motion to table this discussion until other bids
for the work have been submitted. Councilor
Mills seconded the motion for purposes of discussion.
After discussion, the motion failed.
Councilor Wells made a motion for the
Council to accept the City Recorder’s recommendation.
Councilor Sathe seconded the motion.
After discussion, the motion passed by unanimous vote.
Resolution
Series 2011, No. 6 (
06/09/2011
) – City’s Election to
Receive
State
Revenues –
Councilor Mills made a motion to adopt the Resolution.
Councilor Scarberry seconded the motion.
The motion passed by unanimous vote.
Resolution
Series 2011, No. 7 (
06/09/2011
) – City’s Certification of Four Municipal Services – Councilor
Koehler asked about the storm sewers. City
Recorder
Fred Hilden
explained the various locations of the storm sewers.
Councilor Mills made a motion to adopt the Resolution.
Councilor Sathe seconded the motion.
The motion passed by unanimous vote.
Resolution
Series 2011, No. 8 (
06/09/2011
) –
Dunes
City
Speed Limit on Highway 101 –
Mayor
Ruede asked City Recorder
Fred Hilden
to read the resolution into the record.
Lengthy discussion took place, including public comment.
Councilor Mills made a motion to adopt the
Resolution. Councilor Koehler
seconded the motion. The motion
failed by the following roll call vote of 2 ayes (Mills, Koehler) and 3 nays
(Wells, Sathe, Scarberry).
12.
Unscheduled Items Not Listed on
the Agenda
Councilor
Mills inquired as to scheduling a Work Session to discuss Goal Planning for
the City. Mayor Ruede directed
the City Recorder to include scheduling of the Goal Planning Work Session on
the September Council Agenda.
13.
Executive Session
Mayor
Ruede announced there is no Executive Session scheduled.
14.
Adjournment
There
being no further business to come before the City Council, Councilor
Scarberry made a motion to adjourn the meeting. The motion was not seconded
and no vote was taken.
Mayor
Ruede adjourned the meeting of the Dunes City Council at
10:05 pm
.
APPROVED BY THE DUNES
CITY
COUNCIL
ON THE 14th DAY OF JULY
2011.
[ Signed copy available at City Hall ]
Rebecca Ruede
, Mayor
ATTEST:
[ Signed copy available at City Hall ]
Fred Hilden
, City Recorder
ORDINANCE
REVIEW COMMITTEE REPORT
JUNE 9, 2011