Dunes City Council M I N U T E S June 12, 2008 7:00 P.M. Printable rtf file
1.
Call to Order and Roll Call
The
regular meeting of the Dunes City Council was called to order at
Present:
Mayor Eric Hauptman, Councilor Bob Petersdorf, Councilor Peter
Howison, Councilor Susie Navetta, Councilor Richard Koehler. Councilor
Gerald Curran was not present and excused.
Others
Present:
Lisa Ekelund, Planning Secretary Joy Gipson, and members
of the community.
2.
Pledge of Allegiance
The
Mayor and the City Councilors joined in the Pledge of Allegiance.
3.
Consent Agenda
A.
City Council Meeting Minutes from
Councilor
Navetta motioned to remove the minutes of May 8th to discuss
them separately. Councilor
Koehler seconded the motion and after vote it unanimously passed.
B.
Bills of the Session through
Councilor
Petersdorf approved the consent agenda with correction to May 8th
to discuss separately. Councilor
Koehler seconded the motion and after vote by Council it unanimously
passed.
C.
Receipts of the Session through
Mayor
Hauptman read the receipts of the session
Councilor
Petersdorf asked to discuss the bills of the session.
Councilor
Navetta said on the May 8th minutes page 2 it reads Jennie
Brush instead of Jeannie Bush. On
page 5, 3rd paragraph, Councilor Navetta said it should read
“did not receive information” instead of “did receive
information.”
Councilor
Navetta motioned to approve the minutes of May 8th with
corrections listed prior. Councilor
Petersdorf seconded the motion and after unanimous vote it passed.
4.
Announcements / Correspondence
The Mayor announced
Councilor Scott’s resignation.
Councilor Howison
suggested to accept applications to fill the Council position until two
weeks before the next session.
Councilor Navetta
said the agenda closes on the Wednesday before the meeting so a week and a
day meaning July 1st would be a better deadline for
applications.
Councilor Howison
motioned to approve July 1st as the application deadline.
Councilor Koehler seconded the motion and after unanimous vote it
passed.
Mayor Hauptman
announced Greg Perkins’ and Maria McConnell’s resignations.
5.
Guest Speakers
Mayor Hauptman said
he’s been approached by City members regarding police protection.
Because of this he spoke with the City of Florence Police Chief,
Mr. Saunders who will give the presentation.
Troy Sathe was not available.
Mr. Saunders while
representing the Florence Police presented a slide show stating if the
City is serious in considering contracting, they should make a written
proposal.
After a request is
received then it would go before the Florence City Council.
If the Florence City Council is interested, negotiations would
begin.
Mr. Saunders said
Council presented
questions which Chief Saunders answered.
6.
Citizen Input on Unscheduled Items
Mayor opened the
meeting to citizen input.
Mr. Schultz
referenced to item11B. He
expressed his belief that his home would have been in danger during high
winds if the tree were left standing.
Councilor Howison
said Mr. Schultz was speaking out of order and dismissed Mr. Schultz to
speak at a later time.
Mr. Norman Martin
said he has a letter to the Mayor from LUBA and he would like it to be
part of the record. He read
the last paragraph.
George Burke wanted
to discuss 11B and was excused to a later time by Mayor Hauptman who said
it’s not open for public comment at this time.
Councilor Howison suggested he could speak for 3 minutes regarding
just open comment not related to 11B.
Mayor Hauptman asked if he wanted to speak now.
Mr. Burke said no but he intends to have his say.
Mr. Curtis spoke.
He said he’s been patient over his complaint regarding a shop and
has taped every encounter.
Councilor Howison
asked if an appeal was filed and what was wrong with the permit.
Mr. Curtis said he
didn’t know anything about a permit and that he spoke at the June 2007
Planning Commission meeting. He
said it was a building that was built and said he filed a complaint with
Teri Tinker. He was told by
the Planning Commission they did a drive bye.
Mr. Curtis made a point of how could they assess it if it wasn’t
built yet.
Councilor Koehler
asked for clarification and Mr. Curtis said there was no building up.
He said there was a public hearing for a room and a bathroom in a
building that didn’t exist. He
said now that the building is up; he has no view of lakes and trees.
Councilor Navetta
said she would like to sit down with Mr. Curtis to discuss this and Mayor
Hauptman reassured Mr. Curtis that he won’t be ignored.
He said to call City Hall to set up an appointment with himself and
Councilor Navetta.
Councilor Petersdorf
said if the building was built within setbacks, they didn’t need to go
to the Planning Commission and Mr. Curtis said regardless of setbacks, if
a building takes away a view and lowers property value, it needs to be
assessed.
Mayor Hauptman closed
citizen input.
7.
Public Hearings
A.
Ordinance 198 Storm water (second reading)
Mayor Hauptman said
it was determined ordinance 194 was incorrect and it should have been
given the number of 198. The
first reading was held last month at the last meeting.
He proposed this second reading will be by title only.
Councilor Howison
moved to hear ordinance 198 by title only.
Councilor Koehler seconded. After
unanimous vote the motion carried and the Mayor asked for comment.
Councilor Petersdorf
said he asked for a copy of the ordinance from Greg but then Greg
resigned. He said he hasn’t
read it. Amy Graham handed
Councilor Petersdorf a copy.
The Mayor opened the
Public Hearing at
Mr. Norman Martin
objected stating the name of the ordinance has changed from what was
listed on the website. He had
the objection that members of the Council didn’t disclose ex-parte
contacts. He asked the Mayor
to require these declarations from Council as required by due process and
227.184.
Councilor Howison
said it is legislative and doesn’t apply and Mayor Hauptman said this
type of ordinance doesn’t require an ex-parte from Council.
Mr. Martin suggested
not to vote tonight so they could bone up on what his idea is that needs
to be done and Mayor Hauptman asked where he got his idea.
Councilor Howison
said this was a legislative issue and was discussed with an attorney.
He said because Councilor Petersdorf didn’t read the ordinance
prior to this meeting, the Council should hold off on a vote.
Mr. Lee Reichel
stated his concerns regarding the ordinance and the manual.
Councilor Howison
asked if he would think differently if it were a different ordinance and
document and Mr. Riechel explained how he believed the wording should be
stated.
Mayor Hauptman asked
if they believed the City got their moneys worth for the guidance from
LCOG and Mr. Riechel commented with reference to the past.
Mayor Hauptman asked
for any other comment and there was none.
Mayor Hauptman closed public hearing at
Councilor Howison
said he had already expressed his opinion.
Councilor Koehler
said he was concerned Councilor Petersdorf hasn’t looked over the
ordinance prior to the meeting.
Councilor Navetta
stated she didn’t believe the Council is ready to deliberate.
Councilor Howison
said he felt there was no need for another public hearing.
Mayor Hauptman asked
for a motion to approve or deny the ordinance as it stands.
Councilor Howison
suggested to table the issue and to put it on the agenda in 2 months to
decide a course of action after everyone has looked at it.
Councilor Petersdorf
said 2 months is too long and Councilor Navetta agreed.
Councilor Howison
made the motion of remanding the ordinance back to the Planning Commission
for a specific period of time.
Councilor Koehler
brought attention to a former Committee Chair member in the audience for
some insight.
Councilor Petersdorf
said this was point of order and the public hearing was closed.
He asked if it could
be reopened to the public for additional input.
Mayor Hauptman
re-opened citizen input at
Mr. John Stead said
minor adjustments could have a significant impact and council should be
able to assign the ordinance to staff for adjustments.
He suggested to check with an attorney and to remand back to staff.
Mayor Hauptman closed
citizen input at
Councilor Koehler
motioned to contact the city attorney and remand the ordinance to staff
for improvements. Councilor
Navetta seconded the motion and Mayor Hauptman stated he didn’t feel
staff was ready to make recommendations and a good land use attorney would
cost money.
Councilor Howison
asked if it’s budgeted and Mayor Hauptman said yes and asked Amy Graham
how the money was allocated. Amy
Graham said there is not enough in the Building Fund but it could go under
the General Fund.
The motion set prior
was brought forward again and after unanimous vote, it passed.
Mayor Hauptman said
he wants a new first reading of the ordinance in August.
Councilor Petersdorf
motioned to have the time limit of August and to have it come back for
City approval in the August meeting. Councilor
Navetta seconded the motion and after unanimous vote it passed.
B.
Pamela Allister and Glenn Carrari Appeal
Mayor Hauptman opened
the public hearing at
Pamela Allister asked
her time limit and the Mayor gave her 15 minutes.
Ms. Allister handed
out packets. She then gave a
history of the power and utilities that were allowed when lot was
purchased. She explained her
documents and permits to install underground power.
She pointed out the map and permit was signed by Mr. Petersdorf.
She said after the stump was removed and sweeps were emerging, she
left a message with her return cell phone number to Mr. Petersdorf to
inspect. She said she never
received a call from Mr. Petersdorf.
Ms. Allister said the
tree was not on their property but on part of their easement and they
hired a professional logger to remove the tree. She read a letter from Mr.
Clarence M Cooper then explained her pictures and that the dirt in picture
is from a dug out stump not from the tree.
Mr. Wally Schultz
spoke in rebuttal about the reduction of the penalties set by the Road
Commission. He discussed a
letter from Ms. Allister to himself and said it was cc’d to many
individuals. He said due to
the strained relationships caused by this incident and it posed a hazard,
the owners of the property have taken a militant stand.
He feels her letter was a smear of is character and the penalties
should stand.
Mr. Dave Persons who
was a member of the Road Commission at the time of this incident said the
issue has been addressed in detail by the Road Commission.
Mr. Persons said he felt the report was detailed with pictures and
he wanted to make sure the pictures of the back face of the tree were
submitted. He then said he
leaves knowing the Council will have good judgment.
Mayor Hauptman closed
citizen input at
Councilor Petersdorf
said he listened to everything back then and he’s been on site.
He said he called Ms. Allister twice while she was in
Councilor Koehler
said he had no connection to the issue and Councilor Howison said he only
received a phone call from Ms. Allister.
Mayor Hauptman asked
if the Council was prepared for a decision.
Councilor Navetta
made a motion to uphold the fine. Councilor
Petersdorf seconded the motion making comment about past actions.
He stated the Road Commission didn’t make the decision lightly.
After unanimous vote
the motion passed with the prior fines standing.
8.
Reports
A. Mayor’s Report:
Mayor Hauptman
Mayor Hauptman
announced the completed 06/07 audit and 08/09 budget.
He said the City is working on Policy & Procedures.
He said he was sad to hear of John Scotts’ decision and that he
gave the City a lot of direction. He
said he wished Mr. Scott would have been more forthcoming with his
resignation and Council will do their best to deal with issues honestly
and objectively.
B. Community
Center / CCI Report: Councilor
Howison
Councilor Howison
said he had no report except to thank April Dumas who weeded outside and
then returning to weed again. He
discussed the hanging of the tsunami zone maps.
C. Conservation
Committee Report: Councilor
Curran (none)
D. Road Commission
Report: Councilor Petersdorf
Councilor Petersdorf
said he had a report but he did not inform it needed to be in the packet.
He said he would put it into the Councils boxes the following day.
E. Site Review
Committee / Grants / Police Report: Councilor
Navetta
Councilor Navetta the
Terry Austin property progress continues and a letter to
F. Water
Quality / Communication and Education Report:
Councilor Koehler
Councilor Koehler
said current information was on the website regarding water quality.
He spoke of algae bloom assessment, lake monitoring data, and DEQ
bio-solids. He said the
presentation on Monday showed Mr. Fleenor some of the issues and he would
like to enable cooperation between various agencies.
He said with the Mayors permission, they would like to do a similar
presentation to the Council. He
included they are working on the newsletter and the Festival of Lakes
photo contest.
G. Planning Commission
Report: Planning Secretary,
Joy Gipson
Ms. Gipson is taking
over for Mr. Riechel for the report. She
clarified the Montgomery Estates hearing dates.
She said the discrepancy will be addressed and a recommendation in
the August meeting will be presented.
She spoke of Mr. Quandt of Sunset Ridge.
She said there are violations of the City Code and use of a stream
for drinking water which is also a violation.
She said she has sent letters to Mr. Quandt and has received no
response. She said how many
permits have been submitted during the month and that the July meeting
will be for public use permits.
Councilor Koehler
asked why there was a conditional use permit for the oversized boat dock
and Ms. Gipson said they want a bigger structural to satisfy new codes.
Councilor Petersdorf
asked why there is a second part for complaints regarding Sunset Ridge.
Ms. Gipson said it was the staff report for the record.
Mayor Hauptman called
for a 10 minute recess at
9.
Budget
A.
Budget Committee Minutes from
Councilor Petersdorf
moved to approve the budget committee meeting minutes of May 20th
as submitted. Councilor
Koehler seconded the motion and it passed with unanimous vote.
B.
2008/2009 Budget (with $3,000 additional revenue towards building
code fund)
Amy Graham explained
there was $3,000 in additional revenue from the department of Land
Conservation for planning. She
requested this to be added to the budget before approval.
Councilor Petersdorf
motioned to amend the budget to add the $3,000 revenue.
Councilor Howison seconded and after unanimous vote it passed.
Councilor Petersdorf
asked for a recommendation from the Chairman of the Budget Committee.
Mr. Hauptman recommended accepting the budget with the correction.
Councilor Koehler
moved to approve the budget as presented.
Councilor Petersdorf seconded with the statement that this was a
good job done and if the City abides by it, they will have a good year.
After unanimous vote, the budget was approved.
C. Audit
2006/2007
Mayor Hauptman said
the public may pick up a copy for $5 each. He said Hallis was incredibly
thorough. He said prior
auditors abandoned the City and City should write a letter demanding them
to pay difference in the bid and the City’s cost.
He felt the work they had started was poorly done and they left
knowing this.
Councilor Koehler
moved to accept the audit for 2006/2007 as presented.
Councilor Howison seconded the motion after unanimous vote it
passed.
D.
Closing of the Grant Fund
Mayor Hauptman said
there are no grants coming on the horizon and Councilor Howison asked if
the City wasn’t planning on getting any more grants.
Amy Graham said since
the Grant Fund was in the negative and owed the General Fund almost
$30,000 the state suggested it to be closed.
She said grants in the future will go towards their specified
departments.
Councilor Howison
reiterated and quested if in the past, staff took money out of Grant Fund.
Amy Graham said she
couldn’t speak for prior staff and this is where the Grant Fund sat when
she started.
Councilor Navetta
made a motion to close the Grant Fund.
It was seconded by Councilor Petersdorf and after unanimous vote it
passed.
A.
Water Quality Ordinance 197 (second reading with corrections)
Mayor Hauptman asked
for a motion to read it.
Councilor Koehler
read the corrections.
Councilor Howison
moved to accept Ordinance 197 with corrections.
Councilor Petersdorf seconded the motion and after unanimous vote,
it passed.
B.
Follow up on actions regarding tax lots 19-12-34-24-1200&2100.
Street address:
Mayor Hauptman stated
this to be George Burke’s property and the Council has had plenty of
opportunity to review it. He
asked for either a vote accepting the piece of property from Mr. Burke, or
for a motion to rescind the action that accepted the property.
Councilor Howison
stated he made the motion last meeting and tabled it.
He feels there is more potential litigation and the City would be
ill advised to take on additional liability.
Councilor Howison recommended to rescind the decision of
Councilor Navetta
seconded the motion.
Councilor Petersdorf
said he thinks it shouldn’t happen.
He said the attorney is at fault and the land owner did everything
right. He said he feels
insurance will defend the City on it.
He said the City has been talking about the issue since Ron Gerber
was the City attorney and that this has been going on for 20 some years.
Mayor Hauptman said
the wall is a different issue.
Councilor Howison
discussed options with just transferring the corner of the wall.
Mayor Hauptman said
he feels that would be bad for Mr. Burke.
He said he spoke to the City attorney and the insurance adjuster
David Ford. They said if the
City takes the Property back, it doesn’t benefit the city.
He spoke to Mr. Ford yesterday and he knows the history.
Councilor Petersdorf
said the City would benefit to gain 2-3 ft of right of way.
Councilor Howison
said the details have already been gone over.
He believes by the City taking the corner it just involves the City
into unnecessarily issues.
Mr. Burke voiced is
discontent and Councilor Petersdorf went into explanation.
Councilor Howison
motioned to rescind the decision of May 10, 2007 to accept the transfer
property located at
11.
New Business
A.
Resolution
Councilor Petersdorf
moved to approve resolution 06-12-08 and Councilor Navetta seconded the
motion.
Councilor Koehler
read aloud the second to the third line then asked if it was relevant.
Amy Graham answered
yes and said it’s because that line refers to county.
After unanimous vote,
it passed.
B.
Woahink Creek
Councilor Howison
stated it became apparent to several Councilors including himself that
trees were cut along Woahink Creek. He
said there is no hard evidence but neighbors have reported structures
along the creek including grass, gazebos, bridges, and walkways.
He said the Greg Perkins looked at the property and placed a stop
work order. Councilor Howison
said there is no way to access the property except through another
person’s property and there was some contact about a month ago with the
newest owners. Councilor
Howison said he believes the City should request the owners come to
discuss the possible violations with
Mayor Hauptman said
the City received contact from Mr. Guy who is a part owner of the property
and an attorney in
The council then
discussed getting other departments with the State involved.
Councilor Howison
moved to notify the owners of lots in question to appear at a public
hearing at the next City Council meeting to provide access to property.
Amy Graham said she
believes if all the people are contacted then the hearing should be
further than July to give the State enough time to respond.
Councilor Howison amend his motion to have public hearing held at the August City Council meeting and Councilor Navetta seconded the amended motion. After unanimous vote, it passed.
C.
Woahink Ridge (old ordinance 156.186(C) (4) & new ordinance
155.4.4.114(C) (D))
Mayor Hauptman said
he put this on the agenda to make the council aware of the request by Mr.
Ward to grant an extension of the Woahink Ridge PUD and that the extension
cannot be granted because it needs to be done within a 1 year period. He
said a letter of denial has been sent and copied to the appropriate
parties.
D.
City Recorder
Mayor Hauptman
announced Mr. Perkins resigned and in the interim he appointed Amy Graham
as Acting City Recorder. He
said at this point he believes the City is fortunate to have Amy to
appoint as an Acting Recorder. He
would like to recommend it be official that she is the Dunes City
Recorder.
Councilor Petersdorf
asked who would do financial and Mayor Hauptman said Amy would do both.
Councilor Koehler
moved to accept Amy Graham as the
12.
Unscheduled Items Not Listed On Agenda
Councilor Petersdorf
announced he won’t be at July 1st, 2008 City Council meeting
and Mayor Hauptman excused him.
Amy said the July 1st
and July 10th meeting needs to be clarified as to cancellations
and merging of topics.
Councilor Petersdorf
Motioned to change the City Council meeting from July 10th to
July 1st with all topics heard on one day instead of having two
meetings in one month. Councilor
Koehler seconded the motion and after unanimous vote it passed.
13.
Executive Session
None
14.
Adjournment
Councilor Howison
moved to adjourn and Councilor Koehler seconded.
After unanimous vote, the meeting adjourned at 10:32pm.
Respectfully
Submitted,
Lisa Ekelund
Administrative Assistant