Dunes City Council     M I N U T E S    November 13, 2008 - 7:00 PM      Printable rtf file

1. Call to Order and Roll Call

Mayor Eric Hauptman called the Meeting of the Dunes City Council to order at 7:02pm. Amy Graham, Dunes City Recorder, took roll call.

Present: Mayor Eric Hauptman, Peter Howison, Councilor Richard Koehler, Councilor Susie Navetta, and Councilor Robert Quandt, and Councilor Bob Petersdorf. Councilor Curran was not present and excused.

Others Present: City Recorder Amy Graham, Planning Secretary Lisa Ekelund, and 26 members of the community.

2. Pledge of Allegiance

The Mayor, city councilors, office staff, and citizens present joined in the Pledge of Allegiance.

A. City Council meeting minutes of 10/11/08 & Special Session 10/30/08

Councilor Petersdorf stated the October 9^{th, 2008 minutes didn't state the year 2008.}

B. Bills of the Session through 11/12/08

C. Receipts of the Session through 11/12/08

D. Revenue Expense Report

Councilor Howison moved to accept the consent agenda with the correction by Councilor Petersdorf to add the year to the date of the City Council minutes of 10/09/08 and Councilor Koehler seconded. After unanimous vote, the motion passed.

A. 2008 Election Results - Mayor Hauptman announced the most recent results of the election. He advised everyone present that they can obtain current results online. The Mayor stated the results as of the date of the meeting were unofficial and that they wouldn't be official until November 24, 2008.

B. DLCS grant of $1,500.00 for audit of zoning ordinance - City Recorder Amy Graham explained the DLCS grant.

C. Health Advisory for Siltcoos Lake - Mayor Hauptman said the WQCC has been monitoring the water. He said the State has put out an advisory and it is still in effect. The Mayor then explained the process of lifting the advisory.

Mr. Carlow spoke on his son Rodney May's behalf. He said there was an old trailer on the property and Mr. May was going to tear it down but never got around to it. Mr. Carlow said Mr. May received a letter in the mail stating the Council decided the poles in the City right of way needed to be removed from the property and that he doesn't see anything wrong with the poles. He said the neighbor has a very wide driveway and maybe the neighbor is approaching it wrong. He said there should be no problem to backing anything large. Mr. Carlow offered to show the neighbor how to back in differently to make it work.

Councilor Navetta advised Mr. Carlow of Mr. Mays right to submit a formal appeal and the Mayor explained the process to Mr. Carlow.

The City Recorder, Amy Graham, stated she would call Mr. May to explain the appeal process. She then clarified if the Council would allow extra time to remove the poles while the appeal is in process. Mayor Hauptman stated yes.

Ms. Beckman clarified the process to lifting the blue-green algae advisory. She asked if the City would announce that the water is clear and possible whether or not there were any toxins identified.

Mayor Hauptman stated the City will notify the radio station, the newspaper, and the webmaster to advise of the status. He reiterated that the WQCC is not testing like they did last year. He said the City will not know if it did or did not turn toxic.

Councilor Koehler said a micro-biologist from out of state checked the algae and said it was in the "group" of toxic strains similar to what the City had last year.

Mr. Bellemore stated the problem with the toxic algae in the lake is a complicated one. He said some of the algae is "possibly" toxic and this possibility is low. He said the City needs to be careful on how they advise what the citizens should or should not do. He agrees there should be an advisory, but also it's also important to know when it's lifted.

Councilor Howison noted the health risks of repeat exposure.

Mr. Martin read a letter he presented to the Council regarding the payment of legal expenditures related to Greengate Road from the Dunes City Roads Committee Fund. He stated it represents a violation of the Oregon Constitution as referenced in ORS 366.785 thru 366.820. He said the money should be returned to the Roads Committee Fund and suggested the City use the General Fund to pay the attorney fees.

A. Mayor’s report from Mayor Hauptman – Mayor Hauptman stated he had no report

B. Community Center/CCI report from Councilor Howison – Councilor Howison stated he had no report

C. Conservation Committee report from Councilor Curran – Councilor Curran was not present and did not submit a report.

D. Parks and Recreation Committee report from Councilor Quandt –

Councilor Quandt said he had no report and the next meeting will be 12/04/08 at 7 p.m. in the road room. Councilor Koehler also stated there will be a WQCC meeting that same evening. The City Recorder noted the Planning Commission was also meeting on the evening of 12/04/08. Councilor Quandt said he would reschedule his meeting and notify the city of the date.

E. Road Commission report from Councilor Petersdorf – Councilor Petersdorf spoke of the main topics discussed at the last Road Commission meeting. He said they were told in September that the Road Commission wasn't moving ahead quickly enough regarding the chip sealing. He said he had a meeting with the City's engineer, Mr. McAllister, to go over the work he had done so far.

Mayor Hauptman said Mr. McAllister has sent a bill to the City for all of the work he had done. He said Mr. McAllister had given Councilor Petersdorf a breakdown of the work done. The Mayor asked if this was correct and Councilor Petersdorf said no.

The Mayor told Councilor Petersdorf that he needs to get that clarification and a report from Mr. McAllister.

Councilor Petersdorf reiterated that some of the pre-bid work has been done already by Mr. McAllister. Councilor Petersdorf said he would call Mr. McAllister and set up a meeting between him and the City Recorder.

Councilor Petersdorf said the Road Commission is making the recommendation to approve the 3 Right-of-Way Use Permits received from the PUD to replace utility poles.

Councilor Petersdorf said he was asked to investigate the legal fees for Greengate Road being taken from the Roads Fund. He said he wrote the Attorney General from the State of Oregon and if the City can spend money from the Roads Fund for that work.

Councilor Koehler brought attention to some identification errors in the Road Commission minutes. Councilor Petersdorf said the errors have been corrected by the new Roads Secretary.

Mayor Hauptman questioned PUD permitting and Councilor Petersdorf explained the franchise agreement.

Councilor Navetta stated recently the PUD left debris after working with a pole and questioned if this is customary. Councilor Petersdorf stated this is not customary and he would check into it. He also stated there is a possibility it is on private property.

F. Site Review Committee / Grants / Police report from Councilor Navetta – Councilor Navetta read her report that was also submitted in writing.

G. WCC / Communication & Education report from Councilor Koehler – Councilor Koehler read his report that was also submitted in writing.

Councilor Koehler made a motion to move $6,000.00 from the current RTMP fund to be allocated for water testing and equipment uses. Such funds will be used only for test equipment and tests relevant to lake water hazards. Councilor Navetta seconded.

Mayor Hauptman explained where the RTMP funds come from. He said before a decision is made, the City needs to research exactly how the funds can be spent.

Councilor Koehler withdrew his motion and Councilor Navetta withdrew her second.

H. Planning Commission report from Planning Secretary, Lisa Ekelund – Lisa Ekelund read her report which is also submitted in writing.

A. Engineering Report – The Mayor stated the City received many applicants and they have narrowed it down to five different companies. He said the companies listed on the comparison chart were interview by the Mayor, the City Recorder, and the Planning Secretary. He stated of the interviews, they favored the Dyer Partnership.

Councilor Howison made the motion to accept the Dyer Partnership as the City's engineering firm for services needed and Councilor Petersdorf seconded. After unanimous vote the motion passed.

The Mayor brought forward discussion of Mr. Mike McAllister continuing with the Roads departments engineering needs and Councilor Petersdorf said Mr. McAllister is a good roads engineer. He said when it comes to roads, Mr. McAllister strictly does stuff for Lane County, the State of Oregon and Dunes City.

The City Recorder suggested the Council wait until the next regular meeting before a decision is made on Mr. McAllister so all of the information is in front of the Council to make an informed decision and the Council agreed.

A. Appeal from David Bellemore

Mr. Bellemore read a statement regarding his concerns with development, ordinances, and the comprehensive plan. This report was also submitted in writing.

Councilor Quandt asked what Mr. Bellemores opinion was on whether or not the tree in question was a danger tree.

Mr. Bellemore said the only people listed in the ordinances to make this decision is the Conservation Committee. He said he believes a danger tree is a tree that would likely fall down before the Planning Commission would ever have time to hear the request. He said it was not a danger tree because the Conservation Committee said it wasn't.

The Mayor asked if there was any property in danger and Mr. Bellemore said if the tree were to fall, it could have hit the property owners dock. The Mayor asked what kind of tree it was and Mr. Bellemore said it was a spruce.

Councilor Quandt read ordinance 154.03(B)(C). He asked if anyone from the Planning Commission went on a site review. Mr. Bellemore stated the Chairman did have the commission go to the site.

Mr. Bellemore reiterated that the Friend's did nothing wrong by following the orders of the Planning Commission.

The Mayor asked what Mr. Bellemore would like to see the Council do.

Mr. Bellemore said the Council should educate the Planning Commission. He said he is upset that the ordinances were ignored.

Councilor Quandt said it was mentioned several times in the Planning Commission minutes that the violations should be forwarded to the Council then at the end the Planning Commission stated they were satisfied with what will be done with re-vegetation.

Councilor Petersdorf suggested the ordinance be changed to have a procedure when there is a conflict of opinions. He said Mr. Bellemore shouldn't be on two committees.

Mr. Bellemore said he was advised by his attorney he could be on both if he kept the issues separate.

Mrs. Chandler submitted a written address to the Council.

Mayor Hauptman said obviously the Planning Commission is not functioning properly. He asked if the Chairman of the Planning Commission, Lee Riechel would like to comment.

Chairman Riechel approached the Council and stated the Planning Commission did do a site review on the property. He said they did notice the vegetation in the riparian area and they paid particular attention to the spruce tree involved. According to the testimony of the land owner, the tree is increasing in it's lean 1"-2" per year. The land owner also showed the Planning Commission that the lake is undercutting the root system. He said the decision was not "if", but "when" the tree will fall. He said they had their meeting and he requested the commission have a two part solution to the request. The first part would be to decide the action needed for the tree. He said it may have been a mistake to call the tree a "danger tree" but the decision was to allow the tree to be removed. The second part would be to address the violations observed in the riparian area. Through the deliberation the commission heard a significant amount of information and plan to replant the area.

Councilor Navetta asked if there was a re-vegetation plan. Chairman Riechel said no, but rather it was given by word of mouth.

Councilor Quandt asked if the application for a vegetation removal permit should have the 10 day appeal process? Chairman Riechel said yes, he believed there should be the 10 day appeal provision.

Councilor Quandt said the permit should state the 10 day appeal provision.

Chairman Riechel said as an administrative procedure, the applicant should be notified of their 10 day appeal period.

Councilor Navetta asked if the ordinances were handed out with the permit. She suggested this be done in the future.

Councilor Howison said the issue was the violations and is the Council in the position to require a re-vegetation plan even thought the property owners were not notified of the appeal.

Councilor Navetta said she believed they need to go back to square one and address each of the items.

Councilor Howison said the City should require a re-vegetation plan. The Mayor said the Planning Secretary could write them a letter. The land owners could appeal that letter if they felt it necessary.

The Mayor asked the Planning Secretary to write a letter to the land owner with a 45 day limit. Mrs. Chandler stated the applicant should submit a complete inventory of the existing vegetation then require a re-vegetation plan.

Councilor Koehler said one of the biggest problems he heard from Mrs. Chandlers report was the Planning Commission not sighting the ordinances. He recommended each Planning Commissioner read the comprehensive plan.

Councilor Howison said he has a copy of Goal 17 of the Oregon Coastal Shorelands and asked if anyone on the planning commission has a copy. Chairman Riechel said they do not have a copy.

The Mayor called for a 10 minute break at 9:08pm.

The meeting re-convened at 9:26pm

B. PUD Permits from the Road Commission

Councilor Petersdorf moved to approved the 3 permits from the PUD, replacement of, relocate pole Z 262-72 in order for Mark Harrison (has to come in and get a permit) to drill under the road to install underground services and number 3, intall a 45 ft pole to eliminate a cross county span of primary wires.

Councilor Koehler asked if the work on the Harrison permit would disturb the roadway. Councilor Petersdorf said no.

Councilor Quandt seconded the motion. After unanimous vote the motion passed.

C. Resolution 11-13-08 Ocean Blvd. Parking

Mayor Hauptman read resolution 11-13-08 An exception to Dunes City's two-hour parking limit applicable to Ocean Boulevard for a parallel parking in conjunction with residential use.

Councilor Petersdorf made the motion to approve resolution 11-13-08 and councilor Howison seconded the motion.

The Mayor asked if there were any comments.

Councilor Navetta stated she wanted to include boat trailers.

Councilor Petersdorf said boat trailers were not discussed at the meeting. He said this should be something a person could do without exception.

The Mayor said the intent was to bring this back to the way Ocean Blvd. residents have intended to use the land in the past. He said the bottom line is the residents being neighborly. He believes the more complex the resolution, the more problematic it would become.

After unanimous vote, the motion carried with one absent vote.

Councilor Navetta said she would like to remind the residents that mowing the grass is over.

Councilor Koehler posed the question as to why the City should pay for something that was illegally started and if the insurance company should be responsible for covering it. He said he believes it's a disservice. He said the work was initiated in violation. He said he would like the city staff to look into whether or not the insurance company should pay for the repair of the riparian area.

The City Recorder stated the Council voted on the insurance claim at the last meeting. She said she believes what Councilor Koehler is saying is Ray Well's should be responsible because they should know the City's policies and codes.

Mayor Hauptman said the insurance company should process the claim and if the insurance company feels necessary, they should try to reclaim payment.

Councilor Navetta said Ray Wells has disregarded the rules for many years and it's time he is made to comply.

Councilor Koehler said it's important if there is a violation of permits, it is called to task immediately by staff.

The City Recorder stated Ray Well's has the understanding if he is to do any work within the City limits, he is to notify the City prior to any work done.

The Mayor stated Mr. Wells has historically ignored City codes. He said he should be brought before the Council and asked for opinion.

Councilor Koehler suggested a plan is created so the same issues are not brought up over repetitively. He suggested Ray Wells is not the person to un-do what has been done on Ocean Blvd. but rather it should be done by a vegetation specialist.

Mayor Hauptman asked the City Recorder if she could check into not having Ray Wells do the work. The City Recorder said she will contact the insurance company for an answer.

Councilor Howison and Councilor Navetta discussed types of re-vegetation and the use of native grass blends.

Councilor Howison brought up the issue of Woahink Creek and said there should be an evidentiary hearing with the Atkesons to gain access to the property.

Mayor Hauptman and Councilor Howison discussed Mr. Atkensons access easement.

Councilor Howison asked if the City Recorder has had a conversation with Mr. Atkeson and the City Recorder responded.

Councilor Petersdorf moved to adjourn and Councilor Quandt seconded. After unanimous vote, the meeting adjourned 9:56 pm.