Dunes
City Council Approved MINUTES December
8, 2011 at 7:00 pm
Printable file
City
Hall ~
82877 Spruce St.
,
Westlake
,
OR
1.
Call to
order
Mayor
Rebecca Ruede
called the meeting of the Dunes City Council
to order at
7:01 pm
.
2.
Roll
call
Roll
Call was taken by City Recorder
Fred Hilden
.
Present:
Mayor
Rebecca Ruede
, Council President Jamie Mills, Councilor
Duke Wells
, Councilor
Troy
Sathe
, Councilor Richard Koehler, Councilor Dick
Anderson and Councilor Ed Scarberry.
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
Anderson
made
a motion to approve the Agenda as presented.
Council President Mills seconded the motion. The motion passed by unanimous
vote.
5.
Consent
Agenda
Councilor
Koehler requested that the
November 10, 2011
meeting minutes and Bills of the Session be
pulled from the Consent Agenda. City Recorder
Fred Hilden
commented that since Receipts of the Session
are for information only and do not require approval, therefore the request
is essentially for the entire Consent Agenda. Mayor Ruede asked Councilor
Koehler about his questions. Councilor Koehler said he would like to review
page 20 and also page 18 and 19. He expressed concerns about a great deal of
information being missing from the minutes and wondered about how to get
that into the minutes.
Council President Mills made a motion to
remand the minutes from
November
10, 2011
back
to Staff for corrections. Councilor Koehler seconded the motion. The motion
passed by unanimous vote.
A.
Bills of the Session through
December 2, 2011
(Amended)
Councilor
Koehler asked about the brushing expenses on Bills of the Session and how
the contractor was retained by the City. City Recorder
Fred Hilden
responded that since this amount was not
subject to public contracting law and Lane County, who we originally planned
to use to do the brushing could not meet the timelines that the Road
Commission felt were important, we sought three bids informally. We received
a no bid from Ray Wells, Inc. and from Coast Road Construction and the only
bidder was Leisure Excavating. Councilor Sathe added that Leisure’s bid
was actually less than we had been quoted by
Lane
County
. Councilor Koehler asked why this bid was
done on a per day basis and the City Recorder responded that it was done as
a total of $15,000 with the
PO
having been signed by the Mayor for that
amount. Councilor Mills asked about sweeping and Councilor Sathe replied
that we had gotten a quote for that also to be done at a later date.
Councilor Wells made a motion to approve
the Bills of the Session as amended.
Councilor Sathe seconded the motion. The motion passed by unanimous vote.
6.
Announcements
/ Correspondence
A.
Mayor Ruede announced that the
artist of the month is photographer April McCalmont.
B.
December birthday wishes to
Councilor
Duke Wells
on December 30th.
C.
Mayor Ruede announced that
there will be a Home Safety & Fire Prevention Class scheduled for
December 10, 2011
and an “Are You Ready? And Map Your
Neighborhood Class are scheduled for
January 14, 2012
. All classes will be held at Siuslaw Valley
Fire and Rescue, 2625 Highway 101,
Florence
. The classes will start at
9:30 am
and end at
12:30 pm.
Call 541-997-3212 to sign-up.
D.
Mayor Ruede also announced that there will be a Special
Session for Goal Setting on
January 25, 2012
from
9:00 – 4:00 pm
in the Council Chambers. The meeting is open to the public. She also stated
that if citizens would like to make input please contact one of your City
Councilors before the meeting because there will be no citizen input during
the meeting.
7.
Citizen
Input
Mayor Ruede
explained that we allow each citizen 3 minutes for their comments.
John Stead
,
Dunes
City
Resident:
“Good evening
Councilors and Mayor Ruede. I am going to comment first about the revised
Ordinance section of the Agenda. I think it is important for the Committees
that are involved with the Ordinances to have an opportunity to participate
in reviewing the proposed Ordinances. For example, I serve on the Water
Quality Committee and the Revenue Committee, and the first thing that I
noticed is the comment about the quality of the City’s water, is what we
are looking at. Well the City doesn’t have any water so why is there a
reference to the City’s water in that Ordinance. All water belongs to the
public in
Oregon
. The City doesn’t have any water. Another
thing I looked at quickly was the shall and will have different meanings.
However, the Water Quality Committee Ordinance changes shall to will consist
of 5 members and the Revenue Committee draft Ordinance reads the Committee
shall consist of 5 members. There’s a little bit of an inconsistency there
that probably some more eyes looking at this would help. The Water Quality
Committee is reduced to 5 members with one water tester for each lake
instead of two. Suppose the Siltcoos water tester is out of town when a
algal bloom is reported, who tests and who reports to whom. Our water
related matters are to be examined as directed by the Council. What if there
is no time to ask the Council about this algal bloom that needs to be worked
on and information about water monitoring. Can this only be disseminated as
directed by the Council? Now if somebody finds out about an algal bloom they
need to report that to the state without asking the Council if it’s ok.
So, I am just pointing out these few things. Under New Business I commend
the Planning Commission for pushing forward the notion about the CCI
Involvement, I am pleased to see that on the Agenda. Regarding the letter to
Representative Roblan about the Weir, it’s the last item under New
Business, a Weir is a low dam or wall built across a stream to raise the
upstream water level, which this does. I guess there is an assumption here
that
Dunes
City
is anxious to have ownership of the Weir.
The State Engineer does not allow manipulation of the Weir so what are we
proposing to do. I would suggest that you look at advantages of ownership,
disadvantages of ownership, what responsibilities the City might become
involved in, how this relates to the water rights that the City has that are
associated with the Weir. We have a storage permit, we have a storage use
permit that allows those using the 1968 water right permit to use stored
water but nobody else, what is all this about. We have a study session
coming up where we are going to set goals and hopefully the idea about
involving Representative Roblan in this thing could be held off until the
City decides do we really want to push this thing forward in this tight
economy. We are talking about some very, very serious issues and long term
implications and thank you very much for allowing me to run over my three
minutes.”
Mary Jo Leach
,
Dunes
City
Resident:
“I have several
comments I wanted to make; one was because you’re going to look at
Committees tonight and there was a remark from the audience last month about
Revenue Committee; we don’t need one. And I’m interested in the Revenue
Committee because when I sat in the previous Council meeting one of the
things you’re charged with is attempting to file and obtain grants and
I’ve still never heard of anything and that to me is a very important job
and the one charged with the Revenue Committee, and I don’t think it is
being addressed. I think it should be addressed; it’s a no brainer that
it’s going to take a Committee to do something like that. The next thing
was, in the last meeting I went to the Planning Commission meeting for 211A
and 210 and they spent the better part of three hours wrestling with that. I
fully expected that at the last meeting while it was a public hearing for
210A that 210A would have come for a vote and it did not and it has nothing
to do with what 211A provides. One, they are two separate things, the
Planning Commission who we want to respect Committees and it’s valuable
what they do recommended both. And yet the Council never addressed it and it
perplexes me because I had objections to make when that decision was in upon
and it never came. So, it’s kind of like jumping the gun again where
everyone knows whatever is going on but people like here don’t know what
is going on. So, I think that you need to address that I don’t know how
you draft an Ordinance, how you debate something so long and then you just
shine it. I don’t understand the procedure, I don’t know what you were
doing or why you did that but it needs to be addressed and I am surprised
that it’s not in this unfinished old business. I know everyone was anxious
up there to put it away but it’s not away. It needs to be addressed. You
all need to do that. Thank you.”
Susie Navetta,
Dunes
City
Resident:
Ms. Navetta
passed.
8. Reports
A.
Mayor’s Report
Mayor
Ruede reported on the many accomplishments the City has completed for the
year. They are as follows: 1) the City mailed out its first ever, full-color
newsletter to the citizens, 2) the City hired a new firm for permits and
inspections services, 3) formalized an Ordinance Review Committee, 4) added
a task force for the Woahink Weir, 5) approved a preliminary plat for
Montgomery View Estates that will bring income to the City, 6) the City is
well represented on local and regional Boards and Commissions, 7) conducted
and recorded the City’s first Emergency Preparedness Meeting in July in
conjunction with local officials, 8) began work on the City’s Master Road
Plan, 9) received numerous grants, 10) lowered citizen water rights fees by
30%, 11) began to explore having a Dunes City Triathlon, 12) and lastly, the
City for the Fiscal Year 2011-2012 finished under budget.
B.
Communication & Education
Report
Councilor
Anderson
reported that they are still short Committee
members.
C.
Community Center Report
Councilor
Wells reported that the Juniper tree in front of
Dunes
City Hall
was creating problems to the gutter and the
drain and that the tree was removed and replaced with a rhododendron from
the property.
D.
Conservation Committee Report
Councilor
Anderson
reported that he has had no complaints in
the last 90 days.
E.
Ordinance Review Committee Report
Council
President Mills reported that the Committee met on
November 7th, 2011
and
November 14th, 2011
. At the November 7th meeting,
discussion was had regarding the proposed language for all the Committees.
The meeting was not properly noticed, so no official action was taken. At
the November 14th meeting, a detailed discussion took place
regarding Committees and Commissions and standardizing the language. It was
a consensus of the Committee Members that a Committee would be advisory to
the City Council and a Commission would have some sort of decision power,
such as the Planning Commission and the Road Commission. Draft language for
the Parks and Recreation Committee and the Water Quality Committee was
partially finalized. The Committee will make a recommendation to the Council
on how the Committee Ordinances should be codified when it submits its
recommendation for the Committees. Council President Mills announced that
the next meetings are scheduled for
December 12th, 2011
and
December 19th, 2011
, at
9:00 a.m.
at
Dunes
City Hall
.
F.
Parks and Recreation Commission
Report
The
Parks and Recreation Commission did not meet in November but had a report
from the most recent December 5th meeting. Councilor Koehler
reported that there was a motion during a Council meeting regarding the
Parks and Recreation Commission taking on the responsibilities of the
Communications and Education Committee by the way of the Festival of the
Lakes, and other City events. Susie quoted the Mayor as saying, “Just
because your Committee has certain assignments of duty does not mean that
you have to do them,” and went on to describe the dozens of people needed
to cooperate in the three educational Festivals. Electricity, tables,
presenters, speakers, in proximity to
Dunes
City
need a quiet, dry enclosed area for speakers
is also important for other events. Stewardship of the Lakes through
awareness and education and not selling things was it purpose. With
volunteer help these events created revenue. The Parks and Recreation
Commission passed a unanimous motion to decline the invitation to take on
the responsibilities for Festival events.
In
old business, the signs and kiosk corrections were reviewed and final
billing was unanimously approved. The Commission suggested a long lasting
carved or sandblasted wood sign for future sign needs. The Marine Board was
called in regards to boat washing. The Commission suggested that volunteers
could do the reporting and a new sign can enable enforcement. Those in
violation can be charged a fine. Tyee campground will be open for parking
until
January 1st, 2011
with a parking fee of $5. In the summer,
Byrd
Park
incurred maintenance and over-cuts by
unknown persons. The Commission looks forward to helping inform citizens of
local wild animal dangers and writing articles for the Newsletter. Councilor
Koehler also stated that there was no word from the City Recorder in regards
to the Council’s direction to establish a
Dunes
City
parks through a legal standing with
Lane
County
.
Councilor
Koehler requested a survey to be done for the Overlook. The Mayor asked the
question as to why a survey is needed. Councilor Koehler stated he is not
sure if it is even on City property. Councilor Sathe stated the City has a
road right-of-way from Hemlock all the way to
Dunes
City Hall
and more research should be done. He also
asked the question as to why there was not an opening on his Commission
because a couple of months ago Susie Navetta quit on live television in
front of the Council. Councilor Koehler stated that his understanding is
that it requires a written resignation and she has not done so. He further
stated that he talked to Commission and they concurred that Susie was a
valuable member. Mayor Ruede stated that her opinion is that she gave her
resignation at the October meeting and that it was accepted and if Councilor
Koehler allowed Susie to vote at that subsequent meeting that he is in
violation of the City’s procedure. She further stated that we are happy to
have her on the Commission but that she would need to re-apply. Councilor
Koehler requested the procedure and the history to be reviewed. Councilor
Sathe made a motion that Susie Navetta is no longer on the Parks and
Recreation Commission until she re-applies. Councilor Wells seconded the
motion. The motion passed with four ayes and two nays (Councilor Koehler and
Council President Mills). Councilor Koehler stated his disagreement
because there was no discussion and that he felt the Mayor was out of order.
City Recorder
Fred Hilden
read into the record Rules of Procedure 4.3,
Points of Order. He further explained that if someone on the Council would
like make a motion to sustain the decision of the Mayor or not that they can
do that at this time. Mayor Ruede told Ms. Navetta that she is welcome to
re-apply.
G.
Revenue Committee Report
Councilor
Scarberry stated that there was no November meeting but that they did have a
make-up meeting on
December 1st, 2011
. He further stated that he brought the group
up to speed in regards to Cindy Cable’s input but did not have his minutes
from the Council meeting and encouraged a review. The question came up again
about a certain local franchise and will have that discussion in the January
meeting and City Recorder Hilden will also be there to help and answer
questions. Councilor Scarberry stated that there will be no more meetings
this month due to the Holidays.
H.
Road Commission Report &
November RC draft Minutes
Councilor
Sathe stated that they have been working hard at getting all the road
projects done. The Commission is under their budget and completed the
projects for the month. There were two places that needed a Site Review. The
first was Montgomery View Estates to see were the new proposed road
alignment would be and stated that this placement has less impact than
before. The second was a property on
5593 Woahink Drive
and none of those issues were in the
City’s right-of-way and found no violation. Councilor Koehler asked the
question if the contractor was going to be fixing the hole on Huckleberry.
Councilor Sathe stated that the contractor has compacted it and is waiting
for some better weather to be able to pave. Councilor Koehler asked if
Councilor Sathe got any feedback on the brushing work. Councilor Sathe
stated that they got a lot of feedback and the citizens had different
opinions but overall the citizens were happy with the work that was done. He
further stated that there were only two people that were unhappy with the
work. Councilor Koehler asked why they were unhappy. Councilor Sathe stated
that in both cases if the citizens came down and a got a no brushing permit
that it would have not been a problem. Council President Mills asked if
there was a decision made on the trees on Parkway drive. Councilor Sathe
stated there was. Council President Mills stated that those residents would
like something in writing. Councilor Sathe stated he could get that handled.
Councilor
Anderson
stated that one of the people that
complained came to the Road Commission and apologized and was impressed with
how quickly the brusher got the work done.
I.
Site Review Committee Report
Councilor
Wells stated that they received two complaints, both on
November 1st, 2011
. At the
November 10th, 2011
City Council meeting the Council voted
Councilor Sathe to chair the Site Review Committee, since one of the
complaints was concerning his property. The Committee has set up a site
visit for both complaints on
December 1st, 2011
at
3:00 pm
. The Site Review Committee will be looking
at
5593 Woahink Drive
and then move next door to
84277 Wright Road
. The Committee will discuss the findings at
the regular meeting on
December 7th, 2011
at 3:00 pm. Councilor Wells will have a full
written report for the January Council meeting.
Councilor
Sathe stated that David Dumas, Ken Platt, and himself (acting chairman) were
present for the review of
5593 Woahink Drive
and read the complaint into the record. The
Site Review Committee observed that there was no temporary building but
noted there was a fence. According to Dunes City Code a fence is not a
structure. The Site Review Committee is unanimous in their decision in
regards to the logs in the yard. The Committee decided that the logs are not
an eye sore as they are stacked in a neat fashion. In conclusion, The
Committee has decided that there is no violations on this property.
Councilor Wells took back over his duties as the chairperson for the Site
Review Committee and brought along David Dumas and Ken Platt to review the
84277 Wright Road
property. Councilor Wells read the complaint
into the record and further stated that this resident is a licensed business
owner in
Dunes
City
and found the complaint to be unfounded.
While the Site Review Committee was at the property, they did find a
nuisance violation and observed some broken down yard equipment and a
pick-up that had not been licensed since 2002. The owner stated that he
would take care of it right away and the Site Review Committee will follow
up on these issues.
Councilor
Wells stated that there were two more complaints filed on
November 15th, 2011
on
5639 Alder Court
and one on
November 28th, 2011
on
5630 Canary Road
. The Committee discussed these complaints at
their
December 7th, 2011
meeting and will be meeting to review the
properties on
December 14th, 2011
at
11:30 am
and will make a full report at the January Council meeting. Councilor
Koehler requested for these complaints if Councilor Wells could provide
pictures. Councilor Wells stated that when he received the complaint on his
property the City Recorder came out and took pictures. City Recorder Hilden
stated those pictures will be part of the written record in January.
Councilor Sathe stated that on the
84277 Wright Road
property the 25 foot setback does not apply
in this case because the owner actually owns property clear into the road.
The pins were checked and the road was paved on his property and was clearly
off. The owner was offered to have the road moved and the owner stated that
he was not worried about it and that people can continue driving where it
is.
J.
Water Quality Committee Report
Council
President Jamie Mills reported that the Water Quality Committee met on
November 16th, 2011
. The Committee discussed the requirements of
an intergovernmental agreement as established by state law, and identified
actions to include in an IGA with
Lane
County
. Council President Mills reported her
findings with regard to permit requirements for installation of grass pavers
at the divers parking area. The Committee discussed the City Council’s
decision regarding the Septic Ordinances and made a recommendation to the
Planning Commission and to the City Council. The recommendation is that
Ordinance 203 be reinstated to continue beyond the original compliance
deadline, at which time the Committee urges that a comprehensive evaluation
of the effectiveness of 203 be completed. Council President Mills stated
that the next Water Quality Committee meeting will be Wednesday,
December 21st, 2011
3:00 pm
at City Hall. She further requested that the
Septic Ordinance be put on the Agenda for future discussion and that she
will be making this recommendation every month.
K.
Weir Task Force Report
Council
President Mills reported that the Weir Task Force Committee met for the
first time on
Tuesday, November 1st, 2011
. A brief history and review of the issues
relating to the Woahink Weir were discussed. It was decided that Council
President Mills should arrange to have the Committee members meet with the
Watermaster and Oregon Department of Fish and Game to come up with a check
list of actions that need to be taken. She further stated that she does not
have another meeting scheduled at this time
L.
Emergency Services Report
City
Recorder
Fred Hilden
attended the West Lane Emergency Operations
Group on
Monday, November 21st, 2011
. During the meeting it was the general
consensus of the board that the best location for additional disaster supply
caches for south of the
Siuslaw
Bridge
would be one of the fenced areas at the
administrative offices of
Honeyman
State Park
. Mike Rivers, Honeyman Park Manager will
seek approval from Oregon State Parks for this activity.
City
Recorder Hilden stated that they have scheduled the first planning meeting
to mitigate failure of the
Siuslaw
River
Bridge
during a catastrophic event. It is scheduled
for
Monday, December 5th, 2011
at the Siuslaw Fire station at 2625 Highway
101 from
1:00 – 2:30 pm
. The agenda has been attached for the
Council to review.
During
December, the group will develop a project plan and schedule to revise and
update the Dunes City Emergency Plan. This will be a joint effort between
Staff, representatives from the West Lane Emergency Operation Group (WLEOG),
City Council members that wish to participate and all other members of the
community. City Recorder Hilden has attached the approved minutes of the
WLEOG meeting from October for the Council’s review. There has not been a
meeting date set but he will report that at the next Council Meeting.
Councilor Koehler asked if there was a punch list of things that are
necessary during a bridge failure. Councilor Koehler went on to state that
he did not believe there would be a need to access the other side aside from
emergency services. City Recorder Hilden stated that helicopter services
would be used to get the Emergency Management Team in place since at least
one member of that team lives in
Dunes
City
and would need to get to the Fire Station,
where they plan on headquartering the
Emergency
Operations
Center
. He added that future meetings will be held
to gather a punch list of items that will be necessary for emergencies and
the daily activities for
Dunes
City
residents. Councilor Sathe asked if City
Recorder
Fred Hilden
updated everyone on the new [GMRS] radios.
City Recorder Hilden stated that he had not for the reason that they are not
all in place but that the radios were provided for no charge through the
West Lane Emergency Operations Group.
M.
November Planning Commission
Minutes
City
Recorder asked the Council if there were any questions or concerns with the
minutes that were provided. There were no questions or concerns
N.
City Recorder / Planning Staff
Report
November
was a slow month for building permit issuance with only one mechanical
permit being issued for a stove installation. The extra time allowed our
permit technician to get caught up on reporting requirements and filing.
During
November the Planning Commission continued work on Chapter 155, Zoning and
Development, in five special sessions. The Planning Commission and staff
also participated in coordination of the street related sections of Chapter
155 with the Road Commission. These sections, namely, 155.3.1 – Access
& Circulations, 155.3.3 – Vehicle & Bicycle Parking and 155.3.4
– Public Facilities Standards (Transportation) are an extremely important
part of our land use code. The Road Commission plans to complete their
recommendations for updates and changes to these sections before March of
2012.
Also
during November, Staff prepared and mailed the DLCD Notice of Adoption for
Ordinance #211A and the required Notice of Adoption for all citizens that
participated with oral and written testimony during the Public Hearings
process before the Planning Commission and City Council. Satisfying these
land use regulatory requirements is very important but, nonetheless very
time consuming.
During
November a new Administrative Assistant started at City Hall and has already
been very effective with general staff work, meeting minutes and catching up
our filing process.
City
Recorder announced that the DLCD grant and the reason for all the Planning
Commission meetings was to try and closeout the grant to receive funding. He
further stated the City has preliminary approval to receive the funding and
closeout the grant.
9.
Unfinished
/ Old Business
A.
Signage in the Council Chambers
City
Recorder Hilden has attached the layout to his report for the sign behind
the dais as approved by City Council during the
August 11, 2011
City Council Meeting. The sign will be
approximately four feet wide and three feet tall, printed in gloss with a
non-glare glass cover and framed. Quotes from three local venders will be
available by the Council meeting on
December 8, 2011
.
Councilor
Koehler expressed his concerns regarding this coming up suddenly, the extra
words for the sign and whether or not the sign should be a mural. City
Recorder Hilden stated this topic was discussed in a prior Council meeting
and reiterated that the sign proposed is printed and removable. He further
stated that the text included was based on a motion from Councilor Wells.
Councilor Koehler would like to further discuss this and have a warmer type
of sign. Councilor
Anderson
also agreed that the sign be warmer and that
the current proposal looks a bit cartoonish. City Recorder Hilden gave the
background on the reasons for layout and further stated that when the
Council is live on television that the citizens should recognize the
Dunes
City
logo for there have been problems in the
past. He also stated that one option would be to put up the most inexpensive
signage and then have an Ad Hoc meeting to have a mural put up with
volunteers. Councilor Scarberry stated that if the signage were to be
temporary he would not like to spend the money on it. Councilor Wells stated
that if the Council wanted a mural that it should have been brought up at
the last meeting and that his intention was not to have it be temporary and
the wording “a nice place to live” is also in the kiosk. Councilor Sathe
stated that if Council had a problem with the signage that it should have
been brought up in the last meeting instead of approving it. This is the
approved signage. Council President Mills stated that even if you want to do
something else the sign is removable and can be put somewhere else or taken
to festivals. Councilor Koehler stated that there was only one meeting and
wants a visual and to run it by the other Committees and does not see the
rush on this. He would like to table it and have further discussion. Mayor
Ruede stated this has gone back to September and is not the first discussion
on this and a visual for the signage has been provided.
Councilor Sathe made a motion to approve
the lowest bid for the new signage. Councilor Wells seconded the motion. The
motion passed with four ayes and two nays (Councilor Koehler and Councilor
Anderson).
B.
Lane Council of Governments (LCOG)
City
Recorder
Fred Hilden
stated there was nothing to be added to the
packet but has received detailed billing from LCOG. He further stated that
he received an email from Councilor Koehler with the background that he
needs to schedule interviews and look at background in regards to the old
billing. He hopes to have this wrapped up by the end of January.
C.
Code Enforcement Ordinance
The
revision for the Code Enforcement Ordinance is on the Amended Agenda for the
Ordinance Review Committee on
Monday December 12, 2011
at
9:00 am
at
Dunes
City Hall
. Councilor Sathe wanted to make sure that
the fee for nuisance complaints was on the Agenda. Council President Mills
stated that was the request of the Council and will be discussed.
D.
Communication and Education Committee Ordinance
Council
President Mills stated the reason that these are all before you was there
was a request to come up with standardized language for each of the
Committees. These are not in official Ordinance form because these are
working documents and the Ordinance Review Committee would like some input
from the Council. If there are comments from the Council then those comments
will go back to Ordinance Review to be incorporated and then sent to each of
the Committees for review and finally look at doing something with these in
March. She further stated that she has heard a lot of concern in regards to
numbers of members on the various Committees and if we want to standardize
that or not. There was also a discussion on adding a paragraph in regards to
meeting attendance and the requirements necessary so that the Chairman can
decide whether that is an excused absence or not and then be able to
document that in the minutes. The other item is in regards to the Committee
for Citizen Involvement (CCI), that there might be some verbiage to be added
if the Committee is to also serve as the Citizen Action Committee (CAC). The
question is do we want that flexibility. Also, in regards to the will and
shall words of the document, she is following what the Planning Commission
is doing in regards to those words.
Councilor
Sathe stated that he doesn’t think that any Committee should serve on the
CCI and should be the Planning Commission only. Council President Mills
stated that it would not be the CCI but the CAC, which is different.
Councilor Koehler asked if there could be some sort of pre-paragraph for all
Committees that have the same number of members, powers and limitations, for
example so that it doesn’t repeat itself. He further states that in
creating a Purpose for a Committee that we look into the Comprehensive Plan.
As for the Communications and Education Committee, he is uncomfortable in
saying that the Committee is for meetings and events and that rather it is
for stewardship and maintaining what we have here. Councilor Koehler further
stated that at one time the Council was looking into morphing all of the
Comprehensive Plan issues into each of the Committee Ordinances. On the
Communications and Education Committee Resolution page 4 (C) and (D) the
word Oversee Councilor Koehler would like that struck and replaced with
Create. Also, on (E) mailings go to just property owners and he would like
to see that change to include all citizens. Council President Mills stated
that the intent was not to change a whole lot of the language for the
Purposes of the Committees and that the Communications and Education
Committee was the only one that was adopted by a Resolution instead of an
Ordinance. She further stated that the purpose of the creation of the
Committee at the time of adoption, in paragraph one was to “provide the
citizens with information about all of the meetings and events of
Dunes
City
,” and that if there is a need to expand
then that’s fine. Councilor Anderson stated that he likes the idea of the
word oversee as that gives the opportunity for more man power for the
functions and can include more people in the community. He added that in the
original Resolution that two people make a Committee and the suggestion was
made to five and he thinks three would be good. There can be various Ad Hoc
Committees and have the various Committees oversee that it gets done.
E.
Ordinance Review Committee Ordinance
There
were no questions or concerns for this Ordinance.
F.
Parks and Recreation Committee Ordinance
Councilor
Koehler stated his concern that there is an unknown as to whether or not
there are City Parks in its jurisdiction. He added that the City has a hard
time getting citizens to volunteer and that on page three (C) he would like
to see that struck out for that is more of a duty for the C & E
(Communications and Education Committee). Also, on page four (E),
Clear Lake Road
has a bicycle/jogging path and is not used
frequently and is not in relation to the parks. Mayor Ruede stated that she
would like to see (C) left in so that all the language is standardized and
that if a Committee member is looking for direction on what to do it states
it there. If you take it out then you won’t be able to have
correspondence. Councilor
Anderson
suggested adding the words “if any” to
page one (A). Council President Mills suggested adding “to oversee the
maintenance of.” Mayor Ruede stated that when Amy Graham was the City
Recorder that in the minutes it was stated that
Overlook
Park
is within the City’s jurisdiction.
Councilor Sathe stated that in the cases of
Overlook
Park
and
Petersdorf
Park
that those are actually owned by the road
right-of-way, therefore making that within the City’s jurisdiction.
Councilor Koehler stated there is a lot of opinion here and would like
evidence in the form of a survey and get it recorded and finalized.
Councilor Sathe stated that Councilor Koehler can come to the
next Road
Commission meeting and ask the Road
Commission to survey the road right-of-way for those parks. Councilor
Anderson
asked the question as to whether or not
Overlook
Park
was in the Shoreland area. Vice Chairman
George Burke
of the Planning Commission stated that there
are exemptions for Parks and would be an allowed use in Shoreland areas.
G.
Revenue Committee Ordinance
Councilor
Scarberry stated that the Ordinance looked pretty straight forward to him.
Councilor Koehler stated that on page two (A) he would like to see “will
meet every three months” struck. Also, on the same page letter (C) the
word “voting” should not be struck and on page three (C) again is more
of a C & E responsibility. Mayor Ruede asked how often the Committee is
currently meeting. Councilor Scarberry stated they are trying to meet every
month but that the “every three months” might be what they could do in
the future. Council President Mills stated that across the board for all
Committees she is suggesting the “every three months” and the thought
process was to allow flexibility.
H.
Water Quality Committee Ordinance
Councilor
Koehler would like to have some reference to the Comprehensive Plan in the
wording of its Ordinance or perhaps all of the Ordinances for all the
Committees.
10.
New
Business
A.
Committee for Citizen
Involvement (CCI)
City
Recorder
Fred Hilden
stated that
Dunes
City
has implemented the Committee for Citizen
Involvement (CCI) process as defined in our Comprehensive Plan. The
Comprehensive Plan does not follow State requirements as described in the
Statewide Planning Goal 1. This has created a great deal of confusion over
the years about how the City should be conducting CCI meetings and related
matters. Page 4 (Exhibit A) describes the following, “All interested
parties, by their attendance at the meetings of the CCI, shall become voting
members of the CCI for that meeting.” This process has resulted in any
given CCI having an incredible amount of difficulty reaching consensus over
a series of meetings. City Recorder Hilden included an excerpt (Exhibit B)
to help the Council better understand CCIs and Citizen Advisory Committees (CACs).
The Planning Commission is asking the City Council to initiate action that
will culminate in a revision to the City’s Comprehensive Plan. Planning
Commissioner Norman Martin has done research and prepared a draft revision
to the Comprehensive Plan (Exhibit C). He has also prepared an
Administrative Rule for Staff to use in administering Goal 1 in the day to
day operation of the City (Exhibit D). He added that four of the Planning
Commission members are present if the Council has any questions. Councilor
Koehler stated his concern (Exhibit B page 12) about the CCI not having the
requirement to go through the Planning Commission. That it is in fact a
separate Committee. City Recorder
Fred Hilden
read into the record (Exhibit B page 10) on
what the difference is between a CCI and a CAC. Council President Mills read
into the record paragraph two on page 9. She further explained that the CCI
can contain Planning Commission members. Councilor Sathe stated that in the
past the CCI had a difficult time in providing good feedback because if one
group brought all their members to that meeting they could change what
happened in the previous meeting and then the opposing side would do the
same for the next meeting. It created a difficult problem and he would like
to see the members for the CCI be elected. Councilor Koehler disagreed with
Councilor Sathe’s statement and stated that if he had evidence to that
fact please bring it forward. He further stated that he would like to see
the CCI be separate from the Planning Commission and all other Committees.
Council President Mills stated that the job of the CCI is to get the word
out. The CACs discuss all the hard items, for example, the phosphorous
levels. She further stated that maybe the CCI can have a hybrid of Planning
members and citizens and if we can get enough volunteers, she would love to
see new members. Councilor Koehler stated that the CACs can be all the
different Committees and that in the past issues would go through all the
different Committees to balance it out, which is not happening now, and that
the CCI maybe, was confusing because it was being interpreted differently.
The issues are that we have all these different Committees and are they all
talking to each other. Council President Mills stated that she hopes this
goes to the Council’s Goal Setting Session and that if an Ordinance comes
before the Council that it goes back to various Committee. If this is not
correct she would like to take time to clarify that. Mayor Ruede stated that
Goal 1 requires Cities to have CCIs but not necessarily CACs. City Recorder
Hilden clarified that there may be multiple CACs but that each city can have
only one CCI.
Councilor Sathe made a motion to direct
the Ordinance Review Committee to move forward on the preparation of an
Ordinance that will result in a revision to the Comprehensive Plan to
correct the problem. Councilor Wells seconded the motion. The motion passed
by unanimous vote.
B.
Commission and Committee
Appointments
Planning Commission:
2 openings and 2 applicants
Road Commission: 2
openings and 2 applicants
Communications &
Education Committee: 2 openings and 2 applicants
Councilor Koehler
asked the question as to why these applications were not brought up in the
previous Council meeting. City
Recorder Hilden stated that openings were noticed in the paper and because
the Planning Commission is meeting weekly it would leave openings until the
January Council meeting, which is the primary reason why it is being brought
up now. Councilor Sathe stated that one of his members resigned because he
was too busy and the Vice Chairperson, which covers for him, if the Council
waited would leave that Chair open for two weeks. Councilor Wells stated
that the Council should be grateful that these citizens applied and would
like to move to vote them in.
Councilor Sathe made a motion to approve
the appointment of
Lee Riechel
and
Paul Gargis to the Planning Commission for the terms ending date 2014.
Councilor Wells seconded the motion. The motion passed by unanimous vote.
Councilor Sathe made a motion to approve
the appointment of Jerry Curran (2014 term) and Richard Palmer (2013 term)
to the Road Commission. Councilor Wells seconded the motion. The motion
passed by unanimous vote.
Councilor
Anderson
made
a motion to approve the appointment of Darlene Beckman (2012 term) and Steve
Burton (2013 term) to the Communication and Education Committee. Council
President Mills seconded the motion. Councilor
Koehler stated that he felt that this was out of order since there was not
proper notification and could not support these nominations. Council
President Mills stated that these vacancies have been around for a long time
and have been noticed and does not understand what the problem is. The motion passed with five ayes and one nay (Councilor Koehler).
C.
Oregon
Parks Recreational Trails Program Grant
Application
In
October, City Recorder Hilden was made aware of a grant opportunity from
Oregon State Parks. This grant could be used for reconstruction of the dam
portage on the Siltcoos River Canoe Trail. The City has had some mixed
support on the maintenance responsibilities. He further stated that he
created a letter of intent on his own time to the
Oregon
Parks
and Recreation Department (OPRD) with the
knowledge of the Mayor and the Council President. This grant application
requires City Council approval and is due on
January 13, 2012
. The Council should keep in mind that the
grant requires 20% matching funds that can come from almost any source,
including volunteer labor, donated materials and labor, City funds, Dunes
City Rural Tourism and Marketing Funds, or possibly the reserve bicycle
funds.
Councilor
Sathe stated that he had no problem with using the reserve bicycle funds but
that he wants out of the liability to have to fix it again. Councilor
Koehler stated that in past meetings that the City Recorder would ask the
Parks or the US Forest Department to take this project on and does not
understand, since it is not in the City’s jurisdiction, as to why the City
should take on the responsibility and spend money on this project. Council
President Mills stated that since it is a mode of transportation via
navigable waters, that if money was used to correct the issue that the City
would have ownership of it. She further stated that she feels that because
this problem can cause a danger to people that the City should step in and
correct it. City Recorder Hilden pointed out that the City has a lease
signed with DSL until 2015 stating that
Dunes
City
is in charge of installation and
maintenance. Councilor Sathe stated he would like to identify some
organization to take over responsibility by 2015 or not do anything at all.
Councilor Wells stated that it is our responsibility now, it is a liability,
and someone could get hurt. Several Councilors made the suggestion to remove
the dam portage. Vice Chairman
George Burke
of the Planning Commission stated that the
City is required to maintain the dam portage until 2015. Councilor
Anderson
would like to explore the option of what
happens if the dam portage is removed. Council further discussed the options
of either repairing it as cheaply as possible, whether to pursue the grant,
investigate whether DSL will let the City out of the agreement or the
possibility of pulling the dam portage out. After much deliberation Council
asked Staff to withdraw from the grant application process and Councilor
Anderson will help the City Recorder draft a letter to DSL to rescind the
lease agreement. This will be on the next Agenda for a status report.
D.
Letter from Council President
Mills to Arnie Roblen re: Weir
Council
President Mills stated that the purpose of the letter was to get
clarification on who owns the Weir whether it be the State, the City, or by
the private landowner. She further asked the Council if the letter was
satisfactory. Councilor Sathe stated that he thought it was ready to be
sent. Councilor Koehler stated his issues referring to an email dated
November 13, 2011
from himself. Council President Mills stated
that the original Woahink Creek was in a different place and was moved
because of the installation of 101. The original Creek was under ownership
of State lands and was not clear if the new Creek is. At the time the City
received its water rights there was a quitclaim deed signed. She is just
trying to finalize the issues and does not understand Councilor Koehler’s
issues. Councilor Sathe stated that we have already voted to have Council
President Mills write this letter and we are here to decide if we like it or
not, that is it. Mayor Ruede would like to have Council President Mills add
verbiage stating that she is “acting on behalf of the Council.” Council
decided to let Council President Mills to move forward with her letter.
11.
For the Good of the Order
Councilor
Sathe announced that the Road Commission has a Certificate of Appreciation
for
Mike Smith
.
Councilor Wells made a motion to create
an Ad Hoc Committee for the educational program for 211A. Councilor Sathe
seconded the motion. Councilor
Koehler expressed his concern that he felt this was redundant since this is
the job of Communications and Education Committee. Councilor Sathe would
like to see Councilor Wells involved. Councilor Scarberry stated that he
doesn’t see a problem with redundancy since this is what education is all
about. Education is a series of redundancies. The
motion passed with five ayes and one nay (Councilor Koehler). Councilor
Wells will chair this Committee and Roy
Donaghey will be a citizen member. Councilor Wells will try to find more
members and report back to Council.
Councilor Koehler made a motion for the
Road Commission to survey
Overlook
Park
and
Petersdorf
Park
.
Councilor Sathe seconded the motion. The motion passed by unanimous vote.
Council President Mills made a motion to
give each staff member a $50
Holiday
gift
card. Councilor Sathe seconded the motion. The motion passed by unanimous
vote.
City
Recorder
Fred Hilden
advised the Council to have Special Session
for the LUBA appeal regarding Ordinance 211A on Tuesday, December 13, 2011
at 5:00 pm. Council decided that this date was acceptable.
12.
Adjournment
There being no further business to come
before the City Council, Councilor Sathe 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
10:04 pm
.
APPROVED BY THE DUNES CITY COUNCIL ON THE
12th DAY OF JANUARY 2012.
[ Signed copy
available at City Hall ]
Rebecca Ruede, Mayor
ATTEST:
[ Signed copy
available at City Hall ]
Fred Hilden, City
Recorder
DUNES
CITY
ORDINANCE REVIEW COMMITTEE
REPORT
TO CITY COUNCIL
DECEMBER,
2011
The
Ordinance Review Committee met on November 7th and 14th,
2011.
At
the November 7th meeting, discussion was had regarding proposed
language for all committees. The
meeting had not been properly noticed, so no official action was taken.
At
the November 14th meeting, a more detailed discussion took place
regarding committees and commissions and the standardized language for
committees. It was the consensus
of the committee members that a committee would be advisory to the City
Council and a commission would have some sort of decision making power, such
as the Planning Commission and Road Commission.
Draft language for the Parks and Recreation and Water Quality
Committees was partially finalized. The
committee determined a recommendation on how the committee formation
ordinances should be codified within Chapter 32 of the City Code and will
submit that recommendation to the Council when it submits its
recommendations for the committees.
The
next meetings of the committee were scheduled for December 12th
and 19th, 2011, at
9:00 a.m.
at
Dunes
City hall
.
Site Review Committee
Report to Council
Duke Wells, Chair
December 8, 2011
We received 2
complaints, both on
November 1, 2011
. At the
November 10, 2011
Council meeting we voted on councilor
Troy Sathe
to head-up the Site Review Committee, since
one of the complaints was concerning my property. We have set up a site
visit for both complaints on
December 1, 2011
at
3:00 pm
.
The Site Review
Committee will be looking at the
5593 Woahink Drive
property [my residence] first, then move
next door to the
84277 Wright Road
property .We will discuss the findings of
the Site Review Committee at the regular meeting on
December 7, 2011
at
3:00 pm
. I will have a written report for the
January City Council meeting.
Thank
you,
Duke
Wells, Site Review Committee Chairman
DUNES
CITY
WATER QUALITY COMMITTEE
REPORT
TO CITY COUNCIL
DECEMBER,
2011
The
Water Quality Committee met on
November 16, 2011
. The
committee discussed the requirements of an intergovernmental agreement as
established by state law, and identified actions to include in an IGA with
Lane
County
. Jamie
reported on her findings with regard to permit requirements for installation
of grass pavers at the divers parking area.
The Committee discussed the City Council’s decision regarding the
septic ordinances and makes the following recommendation to the Planning
Commission and City Council:
The
Water Quality Committee recommends that Ordinance 203 be reinstated to
continue beyond the original compliance deadline, at which time the
committee urges that a comprehensive evaluation of the effectiveness of 203
be completed.
The
next meeting of the Water Quality Committee will be Wednesday, December
21st, at
3:00 p.m.
at City Hall.
DUNES
CITY
WEIR TASK FORCE REPORT
DECEMBER, 2011
The
Weir Task Force Committee met the first time on
Tuesday, November 1, 2011
. A
brief history and review of the issues relating to the Woahink Weir were
discussed. It was decided Jamie
should arrange to have the committee members meet with the watermaster and
Oregon Department of Fish and Game to come up with a check list of actions
that need to be taken.
Emergency Services Report to City Council
December 8, 2011
~ Prepared by
Fred Hilden
I attended the West Lane Emergency Operations Group meeting
on
Monday, November 21, 2011
. During the meeting it
was the general consensus of the board that the best location for additional
disaster supply caches for south of the
Siuslaw
Bridge
would be one of the
fenced areas at the administrative offices of
Honeyman
State Park
. Mike Rivers, Honeyman
Park Manager will seek approval from Oregon State Parks for this activity.
We have scheduled the first planning meeting to mitigate
failure of the
Siuslaw
River
Bridge
during a catastrophic
event. It is scheduled for
Monday, December 5, 2011
at the Siuslaw Fire
station at 2625 Highway 101 from
1:00 – 2:30 pm
. I have attached the
agenda for your review.
During December we will develop a project plan and schedule
to revise and update the Dunes City Emergency Plan. This will be a joint
effort between Staff, representatives from the West Lane Emergency
Operations Group (WLEOG), City Council members that wish to participate and
other members of the community.
I
have also attached the approved minutes of the WLEOG meeting from October
for your review.
Respectfully
submitted,
Fred
Hilden
City
Recorder