Dunes City Council     M I N U T E S    August 14, 2008     7:00 P.M.       Printable rtf file

 1.      CALL TO ORDER AND ROLL CALL  

Mayor Eric Hauptman called the Meeting of the Dunes City Council to order at      7:00 pm .  Amy Graham, Dunes City Recorder, took roll call.

Present:            Mayor Eric Hauptman, Councilor Peter Howison, Councilor Susie Navetta, Councilor Richard Koehler, Councilor Gerald Curran, Councilor Bob Petersdorf, and Councilor Rob Quandt

Others Present:             City Recorder Amy Graham, Planning Secretary Lisa Ekelund, and 20 members of the community.

2.       PLEDGE OF ALLEGIANCE  

            The Mayor, and all others present joined in the Pledge of Allegiance.  

3.       CONSENT AGENDA  

A.      City Council Meeting Minutes from 7/15/08 and Special Session from 7/22/08 .  

7/15/08 Minutes 

Councilor Petersdorf asked a question regarding David Allen as the City Attorney and whether it should state “assistant”.   

It was decided to address David Allen as David Allen of the Law Office of Macpherson, Gintner & Diaz.   

Councilor Howison moved to accept the 07/15/08 minutes as corrected and Councilor Koehler seconded.  After unanimous vote the minutes were accepted.  

07/22/08 Minutes  

The Mayor read suggestions of correction to the minutes by City Attorney David Allen of the Law Office of Macpherson, Gintner & Diaz.  

Councilor Petersdorf said he should have been listed as excused and addressed the same issue regarding Attorney David Allen’s title.  

Councilor Navetta moved to accept the 07/22/08 minutes as corrected and Councilor Quandt seconded.  After unanimous vote, the minutes were accepted.  

B.  Bills of the Session though 8/7/08  

The Mayor read the bills of the session  

C.     Receipts of the Session through 8/7/08  

The Mayor read the receipts of the session  

Councilor Quandt made a motion to accept the bills and receipts of the session and Councilor Navetta seconded.  After unanimous vote, the bills and receipts of the session were accepted.    

4.       ANNOUNCEMENTS / CORRESPONDENCE  

A. Happy Birthday to Lisa Ekelund Planning Secretary  

All present sang Happy Birthday to Lisa  

B.   Relay for Life  

City Recorder Amy Graham announced Relay for Life  

5.       CITIZEN INPUT ON UNSCHEDULED ITEMS  

Mimi Tizzard said she was concerned about wild animals taking the lives of house pets.  She said she would like to have a way to inform the citizens to beware for the safety of their children and pets. She was willing to help and asked how information should be handed out.  

Councilor Navetta said the town has had this problem for several years.  She said in the past, flyers were posted on telephone poles.  

Councilor Koehler said it could be posted on the website.   

Councilor Howison said there was no reason why postings could not be done.  

City Recorder Amy Graham suggested a flyer at the Post Office and Councilor Quandt said a flyer could be posted at City Hall as well.  

Councilor Petersdorf said people need to put their garbage can lids on better.  He said if wild animals are sighted, the citizens can call fish & game.

Gary and Melinda Dietz read their concerns of the gate placed on Green Gate Road .  

The Mayor expressed the position of the City and Councilor Howison said he felt the citizens have rights.  

The Mayor said the City has codes and rules and they need to be followed by both the City and its citizens.  

Ralph Farnsworth said he had a conversation with a gentleman regarding water quality while parked at the boat launch.  He said he was harassed by a Lane County Park Ranger about being parked there.  He suggested the City become part of Douglas County .  

Councilor Koehler said there was a problem with the parking at the Festival of the Lakes.  He suggested concerned citizens should attend a future meeting on 08/25/08 to discuss the issue.  

6.       PUBLIC HEARINGS

A.        Conditional use permit- Bill & Kay Harris (CUP 08-05 lot line adjustment) The Mayor announced Mrs. Harris requested an extension.  He said it would be heard by the Planning Commission on 09/2508 and City Council will hear it on 10/9/08 .  

B.           Conditional use permit- Johnnie F. Sandra Jones (CUP 08-05) (over sized dock/boat house).   The Mayor read the rights and procedures of the hearing.  He asked if there were any ex-parte contacts and none of the Councilors had any.   Mrs. Jones handed the Council new plans and said the Council has their original issued permit request with a number of attachments.  She asked if they had questions.  Councilor Petersdorf asked what type of lighting will be installed and Mrs. Jones said incandescent which would be turned off at night.   Councilor Quandt referred to the Mrs. Jones’ testimony at the planning commission meeting.  He explained the basis for the permit according to Mrs. Jones in the minutes.  He verified 997 sq ft and Mrs. Jones said or less.  She said they don’t need the full 997 sq ft.  She submitted new drawings.  He asked if she knew of anyone else who has not been able to build within the 640 sq ft.  Councilor Quandt said he spoke to Florence Marine Construction.  He noted the steel pilings.  He discussed using 8 load bearing pilings.  He said the reason for enlarging the dock is because they have gone to a floating dock. Councilor Quandt continued his questions while Mrs. Jones responded. Councilor Quandt went over the State application submitted by Mrs. Jones, and the differences in size of the dock.  He mentioned purpose and needs with the original plans submitted to the State using 635 sq ft for the dock.  Councilor Quandt said it appears she could get the use she speaks of out of the dock with the original 635 sq ft. approval from the State.  Councilor Curran said the original plan was 32x32 and it has been revised and then revised again.  Councilor Howison quoted Mrs. Jones original testimony and made reference to fish habitat.  Mrs. Jones explained the research she had done.  Councilor Quandt said when he spoke to the State, this size dock would not be approved because of various reasons including shade onto the water.  Mrs. Jones said the State stocks the lakes with fish and in her opinion it is just fertilizer.   Councilor Curran said he did not see a lighting system on her drawing except one on the outside.  He suggested if she does put one on the outside, it should be in the awning, pointing down.  Councilor Petersdorf said the City has criteria and none of it has been addressed tonight.  He referenced DCC 155.4.4.4.  Councilor Koehler questioned the force factors and Mrs. Jones responded.  Mayor Hauptman asked if the Councilors had any other questions and all said no.   Mrs. Jones made a statement explaining what a conditional use permit is intended for.  The Mayor asked if there was anyone who wanted to speak in support of the application.  He then asked if there was anyone in opposition. Councilor Quandt moved to close the public hearing at 8:35pm and Councilor Koehler seconded.  After unanimous vote, the public hearing closed at 8:35pm .

DELIBERATION  

Councilor Petersdorf stated this proposal does not impede anything.  He said he worries about the size but that is what the conditional use permit is for.  He then said conditions could be placed upon approval of the permit.  He said he is in favor of the boat dock.  Councilor Howison said there is DCC 155.4.4.4 which goes through the different reasons for approval or denial of an application.  He said he would propose the one criterion which may not be satisfied is 155.4.4.4(B)(4), Policy (A) (10), and (B) (11) in the comprehensive plan.  Councilor Curran said there would be ample space if 24x26 were used which would be the size of a double car garage and that the plans need to be redone.  Councilor Navetta concurred with Councilor Howison regarding the comprehensive plan.  She said her concern was the size.  Councilor Quandt said his concern was equal application of the law.  Councilor Petersdorf responded to Councilor Quandt that this is what the conditional use permits are for.  Councilor Howison said striving to protect the habitat of wildlife and fish, state agencies are encouraging smaller docks.  Councilor Petersdorf rebutted stating smaller docks are not as regulated.  He said he felt Mrs. Jones permit met the criteria.  Councilor Koehler brought forward the idea of issuing conditions.    Councilor Curran said 24x24 would work and be in compliance.  Councilor Quandt said he was worried about applying this equally and if there is no basis for the need, the City would have to let everyone who wants a larger than code boat house just because.  Councilor Curran asked when the code for the boat dock size was made.  It was stated from a member of the audience they believed it was in the year 1998.   Councilor Quandt said when speaking to Gloria at the Department of State Lands, she stated they do not want to make the same mistakes of the past, and they are comfortable with the 640 sq ft size.  Councilor Petersdorf made the motion to approve the conditional use permit for the building of a boat dock for 869 sq ft.  The Mayor asked if there was a second and the motion died for lack of a second.  Councilor Quandt made the motion to deny the conditional use permit. The basis for that would be the earlier references from the comprehensive plan from Councilor Howison; 155.4.4.4(A)(2), that the negative impact on the proposed use on adjacent properties and other public can be mitigated through application of other codes because the negative uses would be over turning the 640 sq ft limit for no reason that could be validated and that can not be mitigated through the application of other code standards. Councilor Navetta seconded the motion.   Councilor Petersdorf rejected the reasoning of Councilor Quandt’s motion.  Councilor Quandt restated the motion to deny the conditional use permit based on everything discussed tonight and 155.4.4.4(A)(2), If it were granted there would be no reasoning.   The Mayor called for a vote and 5 voted in favor of denying the conditional use permit and Councilor Petersdorf voted to approve.  The motion to deny the conditional use permit passed with a 5:1 vote.

The Mayor called for a Recess at 9:10pm

The meeting re-convened at 9:20pm  

7.       REPORTS         

            A.  Mayor’s Report by Eric Hauptman           

The Mayor gave thanks to the staff and read his report giving an update on current happenings with the City.  

            B.  Community Center/CCI Report by P. Howison  

Councilor Howison discussed the need to replace the thermostat in City Hall.  He also made mention of the skate boarding sign and the need to take it down.  

            C.  Conservation Committee Report by J. Curran  

Councilor Curran said the Conservation Committee had received an application.  

Councilor Petersdorf made the motion to appoint Janet Carroll to the Conservation Committee.  Councilor Quandt seconded the motion.  It was discussed whether or not there was an appropriate number of people on the committee and asked if it was restricted to 3 people.  City Recorder, Amy Graham is going to look into changing the number of necessary members.  It was decided to put it on the next agenda.  

Councilor Curran gave a report on the findings of the Hawes property regarding a home construction and the Greggor property regarding tree removal.  

D.     Road Commission-Road Report by R. Petersdorf  

Councilor Petersdorf stated he missed the last Road Commission meeting.  He said they are starting to discuss widening Cloud Nine Rd and they are getting ready to move forward with the chip sealing.  Councilor Petersdorf announced a meeting on 9/18/08 which includes Councilor Howison regarding the Siltcoos Lake Club Plat.  Councilor Koehler spoke of the minutes on page 3-E regarding trees.  

E.      Site Review Committee/Grants/Police Report by S. Navetta  

Councilor Navetta stated she submitted a written report.  

F.      Water Quality/Communication & Education Report by R. Koehler  

Councilor Koehler said the Festival of the Lakes was a success and they doubled what they made last year.  He said they would post a synopsis on the website.  

G.     Planning Commission-Planning Report by L. Ekelund  

Planning Secretary Lisa Ekelund read the written staff report.   

H.  Parks and Recreation  

Mayor Hauptman made a recommendation to appoint Councilor Quandt to the Parks and Recreation.   

Councilor Howison made the motion to appoint Councilor Quandt as Chairman of the Parks and Recreation Committee.  Councilor Petersdorf seconded the motion and after unanimous vote, Councilor Quandt was appointed as Chairman of the Parks and Recreation.   

                        Councilor Quandt announced the need for volunteers for the committee.  

8.       UNFINISHED/OLD BUSINESS           

A.     Tax Lot 19-12-27-40 Lot 2000 and 2200 Skeele and Atkeson   

City Recorder Amy Graham announced Mr. Skeele could not be present at the meeting this evening but they did submit a letter along with pictures.  Amy Graham passed out the information.  Mr. Atkeson’s representative Wilbur Ternyik approached the Council.  He said he has done a wetland lineation of the property and identified by survey the location of all structures on the property.    He said there is diverse plant life on the property.  He gave a copy of a photograph of a plant he described as a sun dew plant.  Mr. Ternyik said there is no accurate map of the property.  He said there is only a South, West, and North line because it hasn’t been surveyed.  He said they are in the process of getting this information.  Mr. Ternyik said the Council will receive all of the needed information once his report is complete.  He said he doesn’t believe the owner will apply for permits within the wetlands.  He said Mr. Atkeson intends to cooperate with the City 100% and is willing to purchase permits of past unpermitted structures.  The Mayor asked if Mr. Atkeson bought a land locked piece of property. Mr. Ternyik said he has to go through the gate on hwy 101.  He said it is a logging road.  Mayor Hauptman asked if there was an easement purchased allowing access to the property.  Mr. Ternyik said he will look into this and let them know next week.  Councilor Howison asked if Mr. Ternyik has been on the property.  Mr. Ternyik stated Mr. Skeele gave him permission to go onto the property.  He said they will be doing delineation reports in the future on the rest of the properties in question.  Councilor Petersdorf declared ex-parte contact stating he has discussed the issue with Mr. Ternyik while working at Safeway.  The Mayor asked Mr. Ternyik when he expects to have his report finished and Mr. Ternyik said approximately two weeks.  Mr. Ternyik said the report has to go to the Division of State Lands for approval.  Mayor Hauptman asked if the report would be done in time for the September Council meeting and Mr. Ternyik said it should be finished.    Councilor Howison said at one point the City would like a representative on site.  He said the City wants to do it in an agreeable way with the land owner.  He asked Mr. Ternyik if he expects Mr. Atkeson to be cooperative.  Mr. Ternyik said he was not able to answer because the right of way into the property is unknown.  He said as soon as he got a map of the accurate boundaries of the properties he will provide it to the City.  

9.       NEW BUSINESS            

            A. Engineering and Architecture RFP  

Mayor Hauptman explained the need for an Engineer to work on an as needed basis and this is the basis for sending out the RFP.  

            B. Budgeted Road Work         

            C. Drinking Water Protection Grant  

10.       ADJOURNMENT  

Councilor Navetta made a motion to adjourn.  

Councilor Quandt seconded the motion and after unanimous vote, the meeting adjourned at 10:34 pm .