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City Hall 82877 Spruce Street 97493
1. Call to Order and Roll Call
Mayor Eric Hauptman called the Meeting of the Dunes City Council to
order at 7:00 p.m. Amy Graham, Dunes City Recorder, took roll call.
Present: Mayor Eric Hauptman, Councilor Susie Navetta,
Councilor Robert Quandt, Councilor Richard Koehler, Councilor
Peter Howison, Councilor Rebecca Ruede, and Councilor Jamie
Mills.
Others Present: City Recorder Amy Graham, Planning Secretary Lisa
Ekelund, and 15 members of the community. City Attorney David Allen of
Macpherson, Gintner & Diaz attended the executive session via
telephone.
2. Pledge of Allegiance
The Mayor, city council, office staff, and citizens present, joined in
the Pledge of Allegiance.
3. Consent Agenda
· City Council meeting minutes from 01/08/09 & 01/15/09
Councilor Mills moved that the action items be in bold and in italics.
The Council discussed possible options on formatting and content of
the minutes.
Councilor Quandt seconded the motion to have action items in bold
and in italics.
Councilor Koehler requested to amend the motion to not include italics
and councilor Navetta seconded.
Councilor Mills concurred with the amendment.
After unanimous vote of 6 ayes and 0 nays, the motion carried.
Councilor Koehler moved that we accept or put in the minutes all
reports that are given to the recorder in text form or those reports
in synopsis that are told in council. Councilor Ruede seconded and
after unanimous vote of 6 ayes and 0 nays, the motion carried.
Councilor Navetta stated the action items were meant to be on the
agenda and not in the minutes.
· Bills of the session through 02/10/09
· Receipts of the session through 02/10/09
· Revenue expense report
Councilor Koehler made the motion to accept everything on the consent
agenda and Councilor Howison seconded.
Councilor Navetta asked to pull out the bills and receipts of the
session.
Councilor Koehler withdrew his motion.
Councilor Howison moved to approve the consent agenda after pulling
out the bills and receipts of the session. Councilor Quandt seconded the
motion.
Councilor Howison amended his motion to take out the minutes of
1/15/09 and Councilor Quandt seconded. After unanimous vote of 6 ayes
and 0 nays, the motion carried.
Councilor Mills stated on page 9 of 12 in the minutes she believed
she had requested a roll call vote and it was not listed.
Mayor Hauptman directed staff to review the tape to verify if a roll
call vote should be added.
Councilor Howison moved to approve the 1/15/09 minutes with the
potential change of a roll call vote and Councilor Koehler seconded.
After unanimous vote the motion carried.
Councilor Navetta said in the bills of the session she would like to
know what the Oregon Travel Information Council is.
City Recorder, Amy Graham said the Oregon Travel Information Council
is a yearly fee the city is charged for the Kiosk Program.
Councilor Navetta said she is satisfied with the City Recorders
answer.
Councilor Koehler questioned who The Dyer Partnership and who Mr.
Larry Lewis were.
Mayor Hauptman clarified who The Dyer Partnership and Mr. Larry Lewis
were.
Councilor Mills asked if all items listed are in budgeted amounts and
if the city has the money to pay them.
Mayor Hauptman said everything looked normal.
Councilor Mills questioned if money needed to be moved and Mayor
Hauptman said no.
Councilor Howison moved to approve to pay the bills of the session
and Councilor Navetta seconded after vote 5:1 the motion carried.
Councilor Navetta said she has a question about the receipts of the
session. Councilor Navetta questioned if only 2 septic payments had been
made in the month.
City Recorder, Amy Graham said yes that Councilor Navetta is correct.
Amy Graham said city received approximately 5 payments yesterday. Amy
Graham also said letters have been sent out to those properties who have
not complied.
4. Announcements / Correspondence
· The Mayor announced the artist this month is Betty
Romero. Mayor Hauptman also announced the office will be closed to the
public and council on 02/24/09 because the staff will be working on
information management.
5. Guest Speakers
· Bret Feingold 5232 Berry Lane Florence OR.
Mr. Feingold spoke of the Dunes City addendum to the Florence
Disaster Plan. Mr. Feingold explained the necessity of having hazard
mitigation planning.
Councilor Mills moved to adopt Resolution 2-12-09 (A) adopting
Dunes City Representation in the City of Florence Multi-Jurisdictional
Natural Hazards Mitigation Plan and Councilor Navetta seconded stating
her second was for the sake of discussion.
Councilor Navetta said she happened upon this addendum over the
internet and that it speaks of committees she's never heard of.
Councilor Navetta said she didn't know why they were here.
Councilor Koehler suggested the council look the resolution over
closely to see how it helps Dunes City as there are things involved in
the area that could be problematic such as the bridge that would
isolate the citizens from Florence.
Councilor Howison said the city appointed Mr. Feingold to these
committees.
Councilor Mills said Mr. Feingold has made several presentations to
the City.
Councilor Navetta said she attended one meeting and there was no
further input from Dunes City.
Councilor Howison said Mr. Feingold came in several months ago but
the agenda item was pushed back.
Councilor Quandt said on page 118 there is an action item he
questioned.
Mr. Feingold said the resolution allows the city to go out and get
grant funding. Mr. Feingold said he provided the entire plan on disc
to the City Recorder. Mr. Feingold reiterated this resolution will
allow the city to receive grant money. Mr. Feingold said Western Lane
Emergency Operations System has a meeting every month.
Councilor Howison asked if there is anything controversial on how
the resolution is written and Mr. Feingold said no and if the City
changed it, it wouldn't make a difference. Mr. Feingold said there is
the possibility that the City would need to start the process over and
the City may miss out on the funding. Mr. Feingold said this was a 2
year process by people from the University of Oregon and from FEMA.
Councilor Navetta said the city only has a tiny part of this and
how could they approve it.
Councilor Quandt said the items that do not relate to Dunes City do
not matter and the City does not need to use funds for those items.
Councilor Quandt said the addendum addresses the bridge and he has no
problem with it.
Councilor Koehler commented on all cities involved.
Mr. Feingold said this encompasses the Siuslaw Rural Fire District
and Dunes City is included.
Councilor Ruede said she would like to know when the next meeting
will be and she would be happy to attend. Mr. Feingold said he would
email her.
Mayor Hauptman called the original motion to question and after
vote of 4 ayes, 1 nay, and 1 abstain, the motion carried.
· Mark Chandler regarding water monitoring
With graphic assistance from Mr. Ralph Farnsworth, Mr. Chandler
quoted from the Dunes City Comprehensive Plan stating how the water
quality committee began. Mr. Chandler then gave history of the water
monitoring activities and results since the year 2000.
· Margaret Hammer 5215 Boy Scout Rd.
Ms. Hammer said she was in support of the resolution Mr. Rand Dawson
is presenting regarding comprehensive healthcare reform.
· Rand Dawson 82820 Siltcoos Station Rd.
Mr. Dawson stated he is part of a community group task force that
has been active for 2 years in regards to comprehensive healthcare
reform and read statistics in regards to healthcare.
With graphic assistance from Mr. Mark Chandler, Mr. Dawson gave a
slide show on insurance statistics.
Mr. Dawson explained the bargaining ability with pharmaceutical
companies.
Mr. Dawson said problems with heath care are expanding, the
solution is simple, and reform is necessary and offered to answer any
questions.
Councilor Koehler asked what Mr. Dawson thinks the issue is with
people not wanting to go into debate in regards to this.
Mr. Dawson said there is a lot of ideological baggage.
Councilor Howison moved to accept resolution 2-12-09 (B) a
resolution urging enactment of comprehensive national health care
reform and insuring honest, fair health care reform debate. Councilor
Koehler seconded the motion.
Councilor Howison said it is surprising for him and what he sees
people going through with the current system.
Councilor Mills said a fair and equitable debate is warranted.
Councilor Ruede thanked Mr. Dawson for his presentation.
Mayor Hauptman called the motion to question and after unanimous
vote the motion carried.
The Mayor called for a recess at 8:33 p.m. for the Council to go into
Executive Session
6. Executive Session
· The Council held an Executive Session meeting in
conformance with Oregon Revised Statutes 192.660 (2) (h), to consult
with legal counsel regarding litigation.
The Council came to a general consensus.
Mayor Hauptman closed the Executive Session at 9:30 p.m. and called
for a 10 minute recess.
Mayor Eric Hauptman reconvened the meeting of the Dunes City
Council to order at 9:40 p.m.
7. Reports
· Mayors Report
Mayor Hauptman spoke of needed funding and announced Mr. Ralph
Farnsworth and Mr. John Stead have applied for the Revenue Committee.
Mayor Hauptman invited Mr. Norman Martin to apply and Mr. Martin said
he would look into it. Mayor Hauptman said he would like to see the
first meeting no later than March and thanked Mr. Farnsworth and Mr.
Stead for their volunteerism.
Councilor Navetta made the motion to appoint Mr. Ralph Farnsworth
and Mr. John Stead to the Revenue Committee. Councilor Koehler
seconded the motion.
Councilor Mills stated she didn't believe there was a Revenue
Committee.
Councilor Howison said there was a technical glitch in December but
it was verified by the City Attorney that the Revenue Committee was
enacted.
Councilor Quandt made the motion to appoint Councilor Mills to
chair the revenue committee. Councilor Howison seconded and after
unanimous vote the motion passed.
Councilor Howison made the motion to appoint Mr. Ralph Farnsworth
and Mr. John Stead to the Revenue Committee and was seconded by
Councilor Quant. After unanimous vote the motion carried.
· A report was given by Councilor Navetta on behalf of the
Community Center and Police (see exhibit A)
· A report was given by Councilor Howison on behalf of the
Conservation Commission (see exhibit B)
· A report was given by Councilor Ruede on behalf of the
Parks and Recreation Committee (see exhibit C)
· A report was given by Councilor Quandt on behalf of the
Road Commission (see exhibit D)
· A report was given by Councilor Mills on behalf of the
Site Review Committee (see exhibit E)
· A report was given by Councilor Koehler on behalf of the
Water Quality/Communication/Education Committee (see exhibit F)
Councilor Koehler made the motion to remove or vacate the seat of
Mr. Rick Cox and was seconded by Councilor Navetta after vote 5:1 the
motion carried.
Councilor Koehler made the motion to search out a new member that
has the commitment for the water quality commission as soon as
possible.
Mayor Hauptman stated that there is a vacant seat and a motion is
not required.
· A report was given by Lisa Ekelund on behalf of the
Planning Commission (see exhibit G)
Lisa Ekelund thanked Mrs. Judy Johnson for her volunteerism in the
office and expressed great appreciation for her help. City Recorder,
Amy Graham agreed and stated her appreciation as well.
8. New Business
· Ordinance Review Committee
Councilor Howison explained the need for an Ordinance Review
Committee. Councilor Howison stated there is some fine tuning needed
with the septic ordinance to make it more user friendly for the
citizens without changing the overall purpose of it. Councilor Howison
stated a committee to address such issues is needed.
Councilor Koehler said the water quality committee has brought up
the septic maintenance ordinance topics and stated the suggestions
from water quality is important.
Mayor Hauptman said perhaps a person from the water quality
committee should be appointed to the ordinance review committee.
Councilor Howison said it would be most proper to advertise the
creation of the new committee.
Councilor Koehler said he thinks this committee is going to be a
very large committee and there is problem in the codes going back as
far as 1972 that need some serious work in looking over the amendments
of all of the ordinances. Councilor Koehler applauds Councilor
Howison's effort but this is not just going to amend two ordinances,
but rather all ordinances.
Councilor Howison said there are relatively simple fixes for the
two ordinances and they need to start the process of amending some of
the ordinances. Councilor Howison said maybe two committees were
created as in one for septic and one for erosion control. Councilor
Howison said he would like these committees appointed next month.
Mayor Hauptman directed the City Recorder to put an ad in the
newspaper for an ordinance review committee.
Councilor Koehler stated he thinks the opportunity to correct these
two ordinances is just the beginning.
9. Unfinished / Old Business
· Atkeson Property Map / Tax Lot 19-12-27-40-02200 Council
Discussion
Councilor Howison said this issue was brought before the attorney
and he suggested the city go though the nuisance procedure. Councilor
Howison said he believes it is a good idea they proceed with the
nuisance procedure. Councilor Howison stated going through the
nuisance procedure allows staff to account their time. Councilor
Howison spoke of the nuisance procedure and that the site review
committee determines if it is a nuisance and recommends to the
council. Councilor said if they follow the ordinance it would make it
easier to protect the water quality.
Councilor Mills asked Councilor Howison to clarify the provision in
the ordinance in which he spoke of.
Councilor Howison said read DCC 91.10 (b).
Mayor Hauptman said it was difficult to get anyone on the property
in the first place and questioned if the site review committee could
just approve previous reports.
City Recorder, Amy Graham said she spoke with the City Attorney.
Amy Graham said the City Attorney recommends the Site Review Committee
review previous reports because of the difficulty in receiving
permission from adjacent property owners to allow travel through their
property to access the property in question.
Councilor Koehler said he was wondering if Councilor Howison could
make a motion.
Councilor Howison made the motion to go ahead and proceed to use
the nuisance ordinance 176 with regards to the Atkeson property as
well as other shoreland protection complaints. Councilor Navetta
seconded the motion. After unanimous vote the motion carried.
Mayor Hauptman asked if we are going to wait for the site review
committee to come up with a resolution. He said that we can not abate
something that is already done. Now we must deal with the issue of
unpermitted structures.
Councilor Howison said that there has been a recommendation from
the conservation committee.
Councilor Ruede said she would like to go see the property.
Mayor Hauptman said that it would be okay for Councilor Ruede to go
see the property if the owners cooperate and she is allowed on it.
Councilor Mills said that on behalf of the site review committee
they were willing to take it on and come back with a recommendation
that might work for everybody.
Mayor Hauptman agreed and suggested that the conservation committee
get contact numbers through the office. After the committee looks at
the property they will bring back a recommendation.
Councilor Howison said that before a decision is made that it would
be nice for the city to get reimbursed for its cost. He stated that
there are several ways of dealing with this issue.
Mayor Hauptman said that perhaps we need to obtain an engineer to
advise us as to what needs to be done to bring the property into
compliance.
Councilor Howison stated that the reason we need the site review
committee is so we can follow the rules of our nuisance profile. He
said the City Council needs to study the information provided in order
to come to a decision, unless there is a negotiated settlement. They
now have a lawyer and it is possible that something reasonable will be
negotiated that protects the lake and remediates the problem.
Councilor Koehler said he would like to recommend that the planning
department look into similar instances with Lane County Land
Management to help avoid any misunderstanding and interference where
inter-governmental agreement and cooperation between Lane County and
Dunes City is concerned. He requested copies of the plans in order to
understand better what is going on at the property.
10. Unscheduled Items
Councilor Mills asked that the appointment to the chairmanship
for the revenue committee and appointment to the committee of the
members be placed on the next calendar agenda for consideration at
that time.
Councilor Mills asked that everyone save box tops/labels for
education and place them in the box located at Dunes City Hall
office.
11. Adjournment
Councilor Howison made the motion to adjourn and Councilor Ruede
seconded. After unanimous vote, the meeting adjourned at 10:52 p.m.
======================= [reports]
=======================
Dunes
City
Conservation Committee Site Review
[back]
January 28, 2009
83501 Jensen Lane
Complaint of vegetation removal in Shoreland .Area.
Present:
David Bellemare, Fred Hilden, David Dumas, Cynthia Chandler, Lisa Ekeland,
Planning
Secretary
Dunes
City
.
Observations of Shoreland Area:
15 stumps in front of house area
and all other trees were limbed upwards to 20'.
Virtually
no plant growth within the shoreland area in front of the house. Evidence of
vegetation being cut to the ground level.
Debris piles of huckleberry,
rhododendron, salal and ivy on the hillside.
Approximate 15' high, 75 degree
cut in bank below the existing deck toward the lake, with definite potential
erosion problems evident, which could impact the safety of the deck stability.
Two open burn areas within 10' of
the lake, below high water mark
One fire pit within 15' of lake.
Flotsum line - seems to identify high water mark
approximately 15' from
Siltcoos
Lake
edge.
Large limb in lake water next to dock.
Obvious mowing of grass within the shoreland and high water area.
Vegetation debris piles in the high water and shoreland areas and treated wood noted lying in high water area.
Concerns:
Question as to where shoreland 50' setback
is located, perhaps includes the cutback up to the deck.
Permits for vegetation removal were not evident, thus no site map.
Clearly more than 25% of trees
and native vegetation removed in Shoreland area.
Research on the
Lane
County
maps
site, shows that the whole area that has been cleared and probably up to the
deck of the house, is in the overlay flood zone.
Recommendations:
Educate resident as to optimal
care of our shoreland, flood zone and high water areas.
Education
on vegetation removal, tree limbing and replanting suggestions. Design a
re-vegetation plan i.e. plant 6-10 trees and allow a11 vegetation to re-grow up
to 3 ft: high. Perhaps supplement
with ferns, salal, etc. (There is a free native plant give away in February.)
Education on no mowing, no burn piles and no fire pits m
the shoreland areas and designate a
limited path; for access to the lake.
An application & permit
should be obtained for the vegetation removal, to include site mapping, and any
other permits or variances deemed necessary by
Dunes
City
planning.
Per old or new survey, the
Shoreland 50' setback, flood zone overlay and high water line should be
identified.
Potential need for silt fence or
engineered retaining wall to protect shoreland setback from erosion and protect
the house from flood and erosion impacts.
Respectfully,
Cynthia Chandler for Peter Howison
Conservation Committee
DUNES CITY COUNCIL PLANNING
DEPARTMENT STAFF REPORT February 2009
[back]
The
last planning commission meeting was held on
January
22, 2009
where Marilyn Miller and Dennis Smith (the most recently
elected commissioners) were sworn in. Commissioner David Bellemore was elected
as Chairman and Commissioner Ken Platt was elected as Vice-Chairman.
The
topics covered were the approval of the December minutes which were unanimously
accepted as submitted.
The
commission discussed the vegetation inventory violation on the Friend property.
The City Recorder stated the office received a telephone call from Mrs. Friend
who stated she will be putting the inventory in the mail that day. Incidentally,
the planning secretary received a message from Mrs. Friend on
01/27/09
regarding a letter she will be sending.
The planning secretary returned her call and is waiting for a response.
The
commission discussed the placement of a dock that is not in compliance with
Dunes City Codes. The commission voted to notify the owner of the dock of their
requirements to either apply for a conditional use permit or have the dock
removed within 90 days.
The
commission discussed the Atkeson property violations where they unanimously
voted to accept the planning secretary's staff report as written.
In the month of January as of
01/27/09
,
Dunes
City
issued 2
electrical permits, and 1 building permit for the installation of a pellet
stove.
Police
Report January 2009
1/21/09
- Dog Complaint by Sabry Mason,
5196
Russell Drive
(997-6872), against the Mr. and Mrs.
Sherman,
5236 Russell Drive
(997-8130). In a letter Dr. Mason states the dog came on his property and
viscously attacked him. He used a broom stick to defend himself, when it broke
he used pepper spray and then retreated into his home. I called Mrs. Sherman and
she assured me that her dog has not been off of the property. She said her dog
is licensed and fenced. Her dog is also on a collar and is wand controlled. She
reminded me there was a similar complaint last February and that she had been
careful not to let the dog from her sight. I called Dr. Mason, he said he had
not seen the dog since he sent the letter and he thought my call to Mrs. Sherman
would do take care of the matter.
[back]
Parks
and Recreation Commission
Report
for
February
12, 2009
Rebecca
Ruede, Chairperson
[back]
The
minutes of the previous meeting dated
January 13, 2009
were approved and filed with
the city recorder.
We have
$4,000.00 left in this fiscal years RURAL TOURISM MARKETING PROGRAM (RTMP).
These funds are funneled from
Lane
County
to promote tourism in rural
areas.
We plan to
participate with the April 4th clean up scheduled for City Hall.
We looked
at photos of our existing parks,
BYRD
PARK
, PETERSDORF PARK AND THE
OVERLOOK PARK and discussed needed repairs.
We
discussed the need for a central gathering area for community.
Targeted areas discussed were
1.
City hall
2.
The overlook
3.
Lane
County
s dock area
Discussion included looking at how much area could be
reclaimed by brush removal in the Citys parking lot and approaching adjacent
land owners regarding their interest in giving input to the Citys long range
planning.
The
Commission will hold 4 regular meetings per year and call work parties as
needed. The next regular meeting of
the commission is scheduled for
April 16th 2009
Dunes City Roads
Department Report to the City Council
February 12, 2009
[back]
The Dunes City Roads Department has an
energized Commission and an ambitious set of goals that are intended to create a
more organized system for its Citizens and future department stewards. Some of the topics discussed at the January
Roads Commission meeting were:
1)
Creation of institutional memory
2)
Creation of procedures and protocol
3)
Creation and implementation of a document control system
4) Creation and implementation of a Pavement
Management System
We
need to leverage better organization and efficiencies to continue improving our
road system with significantly less funding.
With
the county's decision to stop distributing timber revenues to cities for funding
city roads programs, it's become very important to spend our money wisely with a
strategy that goes beyond a single year plan and includes the maintenance
requirements of all of Dunes City's road inventory. We also need to know what
maintenance is required over the next 5 years to allow us to plan ahead and have
time to prepare grant applications for the coming year. With the loss of
revenues, pursuing grants will become a priority. We need to know what type of
maintenance is required where and when, in advance. How do we do this? We get
organized like other cities and use a computerized Pavement Management System to
help us make decisions on maintenance and where we can get the best bang for the
buck. Cities use these systems as
decision tools. The formulas behind the Pavement Management System are based on
known pavement degradation curves. These curves are used in
formulas to forecast maintenance needs of the City's road system allowing
administrators to make more
informed decisions on how and when to spend their shrinking budgets. Funding
requests based on systems like this have more legitimacy in the eyes of funders.
The ability to quickly accurately
and professionally submit grant requests will expand our funding
opportunities.
We
are lucky enough to have a Pavement
Management System expert who has volunteered to put together a program for
Dunes
City
. His
name is Gary Baker he has created these programs for other cities and has
heroically volunteered to put one together for us, for free. I've been working
with him for a couple of weeks now in the initial street inventory assessment
and he has completed the base system today.
Gary
's hard
work on the Dunes City Pavement Management System will be presented at the
February 23rd Roads Commission Meeting. In addition,
Gary
has
generously offered to demonstrate this Pavement Management System at a future
Council Meeting if desired.
These
Roads Commission goals are to create an accurate and efficient structure that
can be passed from administration to administration while giving us the tools we
need for effective road maintenance and improvement today.
Update on Stimulus fun
As
of today cities under 5000 population will not be considered unless they contain
major collectors. Dunes cities Major collectors are under the jurisdiction of
the county. I have been in continuous contact with ODOT and I will keep lobbying
for my submissions for our road system system to be considered.
Site
Review Committee Report January
2009
[back]
Woahink Drive
(May) property: 4n
January
19, 2009
, Jamie Mills, Susie Navetta, Amy Graham and Lisa
Ekelund did an on-site visit of the Rodney May property. A full report,
exclusive of pictures, is attached hereto.
Buckskin Bob (Peterson) property: On
January 19, 2009
, Jamie Mills drove by the Peterson
property on
Buckskin Bob Road
. An
individual in the yard, who claimed he was not Mr. Peterson, indicated that they
had "gotten rid" of 4 or 5 vehicles. Jamie Mills, via email, asked
other committee members who were familiar with the property to go on a
site visit/drive by in the future. The plan is to re-visit the property
during February after giving Mr. Peterson notice of the intention to do a status
check follow-up visit.
N. Pioneer Road
(
Watts
)
Property: On
January
22, 2009
, Jamie Mills spoke with Marc H. Kardell, Assistant
County Council who is handling the
Watts
property (
North Pioneer Road
)
nuisance abatement. A full report of the discussion and review of the
Watts
property situation, exclusive of pictures; is attached hereto.
January 23, 2009
,
Jamie Mills and Becky Ruede met with Commissioner Bill Fleenor. Jamie brought up
the
Watts
property nuisance abatement issue and Commissioner Fleenor committed his
assistance to prompt resolution of the issue.
On
January
26, 2009
, Marc H. Kardell contacted Jamie Mills to discuss
settlement of the
Watts
property issue. A clean up crew is scheduled to work on the property some time
this week (Jan. 26 through 30, 2009), however, an offer to purchase the property
had been received that would entail the new property owner doing the clean up. Mr.
Kardell wanted to know if Dunes City, which would still have its fining
capabilities, would be interested in accepting a posting of a bond (he suggested
$5,000) for the new property owner to do the cleanup within a timely manner.
Jamie Mills contacted Mayor Hauptman to discuss the matter. Mayor Hauptman
indicated he would contact Mr. Kardell directly, but that his inclination was to
require a performance bond in the amount of $25,000.
On
January 28, 2009
,
Jamie met with Mayor Hauptman, who indicated he had had a telephone conversation
with Mr. Kardell. On
January
29, 2009
, Jamie spoke with Mr. Kardell who indicated that
negotiations were still continuing with regard to the change of ownership and
under what conditions, but he was hopeful the matter would be resolved in the
next week or two.
SITE
REVIEW COMMITTEE
WATTS
PROPERTY UPDATE
January 22, 2009
Map and Tax
Lot
#:
19-12-27-13-00100 Address:
83343 North Pioneer Road
Site
Review Committee chairman Jamie Mills spoke with Assistant County Attorney Marc
H. Kardell regarding the status of the
Watts
property
on
North
Pioneer Road
. Mr. Kardell indicated that a stipulated
Court Order was entered today (Jan. 22, 2009) dismissing the claim of Laurie Watts that she, as wife of former
property owner Michael Watts, was
entitled to the entirety of the property interest, but that the County
was responsible for the fire and the clean up: As Mr. Kardell explained, the
stipulated agreement was that the property would be sold and the proceeds evenly
divided between Mrs. Watts and the County Sheriff, after payment of all costs
associated with cleaning up the property, said costs not to exceed $7,000.
Mr. Kardell
further explained that there are two parties interested in purchasing the
Watts
property,
both of them neighboring property owners. One is the Williams and the other is a
doctor (Dick Anderson?). Mr. Williams had offered to purchase the property for
$40,000, and agreed to do the cleanup. The doctor had offered $50,000 to
purchase the property, provided the county did the clean up and the property was
surveyed. The decision is left up to Mrs. Watts and her legal counsel. At this
time, Mr. Kardell said Mrs. Watts is
leaning toward accepting the doctor's offer, since the result would be greater
proceeds, even after deducting $7,000 for clean up and a couple thousand for surveying.
Mr.
Kardell indicated that if the doctor's
offer were to be accepted and the county would do the cleanup, the work would be
done by inmates. He indicated that efforts were being made to identify
exactly what would have to be cleaned up: He 'said there were vehicles that
appeared to be on the property, but no one is sure where the property lines
actually are. If the vehicles (a jeep, a dump truck, and a camper, as well as a
boat), are on the property and need to
be removed, the county would have to go through its process to get title into
their name: Mr. Kardell indicated
that process would take "a little while." He further indicated that
concerns were raised regarding asbestos, but said that since the county's only
commitment was to clean up outside of the buildings and not touch anything
inside, he did not feel asbestos removal was going to be a problem.
Asbestos testing results had all come back negative. If, however, during the
course of cleanup it becomes a problem,
the county will deal with it at that time. Councilor Mills asked if there
were any illegal drug related cleanup issues. Mr. Kardell
indicated that to his knowledge, there was no reason to believe the property was
being used to manufacture illegal substances. He further
indicated the well was tested and the results came back good, other than
perhaps a little high in iron.
Mr.
Kardell assured Councilor Mills that if Mr. Williams were to purchase the
property, there would be some sort of specific time limit within which Mr.
Williams would have to complete the clean up. He also assured Councilor Mills
that she would be "kept in the loop" as things progressed.
Following
the conversation, Mr. Kardell emailed a copy of an ernail from the organization
that is responsible for submitting an estimate for the cost of the cleanup, as
well as additional photos of the
Watts
property
to Councilor Mills. Copies of those emails are attached.
Respectfully submitted this
22nd day of January, 2009.
Jamie Mills, Chairman
SITE REVIEW COMMITTEE RODNEY MAY PROPERTY UPDATE January 19.
2009
Map and Tax
Lot
#:
19-12-14-10-04501 Address:
5568
Woahink Drive
A Site Review Committee meeting was scheduled for
2:15 pm
on
Monday, January 19, 2009
, at
the Dunes City Administration Office.
Dunes
City
Councilor Jamie Mills was the only committee member present. It was reported
that members Deborah Pasternak and Linda Ash had indicated they were unavailable
for the meeting as Ms. Pasternak had a work conflict and Linda Ash was in
Las Vegas
.
Member David Dumas was not present.
The purpose of the meeting was to meet with Bud Carlow, father of property
owner Rodney May, at the May property on
Woahink
Drive
to determine status. Mr.
May was unavailable for the meeting. Councilor Navetta happened to be at
City Hall at the time and indicated her willingness to join Councilor Mills,
City Recorder Amy Graham, and Planning Secretary/Director Lisa Ekelund for the
site visit.
Areas
of concern:
Posts located in the right-of-way. Many of the posts that were
previously in the rightof-way have been removed and a trench where they once
were -remains. The posts have been stacked by the fence, but remain in the
right-of-way. Photographs previously provided by Mary Jo Leach evidence the job
in progress. Mr. Carlow
indicated that the neighbor across the street had offered to bring in equipment
to fill in the trench, but he did
not know when that was going to take place. Mr. Carlow inquired as to whether the remaining posts should also be removed
(these posts being at the corners of the property) and asked -where
the right-of-way boundary was. Councilor Mills and Mr. Carlow measured from a
surveyor's stake located across the street and determined that the 50 foot
right-of-way ended at about the fence line on the May property. The posts appear
to be treated wood and are, in fact, the remains of electrical telephone poles
(as Mr. May works
for the electric company). Mr. Carlow
indicated the posts would be hauled away. After discussion between Councilors
Navetta and Mills, it was determined that removal of the remaining posts would
like cause more harm than good, as they are holding back soil that would then
erode off and run down the street, into drainage, and likely, ultimately, into
Woahink Lake. Neighboring parcels also encroach into the right-of-way with
stumps, land masses and plant materials. The remaining posts do not appear to
restrict entry into the property across the street, which was the basis of the
original complaint.
Illegal structure addition that also encroaches on the 10 foot setback of
property to the West. At the time of the site visit, a carpenter was on hand removing that
portion of the illegal structure
addition (the deck/porch and overhang) located in the rear of the property that
also encroaches on the 10 foot setback from the property line to the West. The
permit for the work was clearly posted. Planning Secretary/Director Lisa Ekelund
and City recorder Amy Graham confirmed that the permit was properly issued.
Work appeared to be progressing. (See attached photograph 'A'.)
Tool shed encroaching on the 25 foot setback at the front of the property:
City Recorder Amy
Graham and Planning Secretary/Director Lisa Ekelund measured the distance from
the 50 foot right-of-way boundary to the corner of the tool shed and determined
the shed to be set back approximately
12 feet from the right-of-way. The shed itself, measured by Councilor Mills and
Planning Secretary/Director Lisa Ekelund, was 12'4" by 10'6". The
front corner of the existing garage (to which the shed is attached) appears to
be set back exactly 25 feet from the right-of-way boundary. (See attached
photograph 'B'.) Discussion was had with Mr. Carlow regarding the options
available to Mr. May for removal of the shed. He was advised that a permit would
be required if the shed were to be destroyed. Mr. Carlow inquired as to moving
the shed to another location on the property. He was advised that if it were to
be attached to the other side of the garage, then he would need a permit. If it
were to be freestanding, a permit would not be required. Councilor Navetta
pointed out that it could not be placed on the septic drainfield.
Removal of the Trailer. Mr. Carlow indicated he had contacted numerous mobile home/trailer parks
and asked if anyone knew of this particular model contained asbestos. He said he
was told this particular trailer does not contain asbestos. City Recorder Amy
Graham suggested that Mr. Carlow contact a local asbestos removal contractor and
have them come out and check. Ms. Graham offered to provide Mr. Carlow with the
telephone number. Mr. Carlow was reminded that the permit for the removal of the
trailer was a
Lane
County
issue and not a
Dunes
City
issue. A photograph of the
trailer is attached & marked 'C'.
At
the request of Councilor Navetta, Councilor Mills inquired as to the location of
the septic and drainfield. Mr. Carlow showed Councilor Mills and Planning
Secretary/Director Lisa Ekelund the location of the septic tank. Councilor Mills
inquired as to the last time the septic was pumped. She was told after Mr. May
purchased the property in 2003 or 2004.
Site Review Committee Rodney May
Property
January
19, 2009
Mr. Carlow
asked if the structure currently abutting the trailer was okay, since it would
still remain after the trailer was removed. He explained that it was a carport
at one time, but that walls had been installed to make it into a protected
storage area. Mr. Carlow was
asked if Mr. May had obtained a permit to install the walls, to which Mr. Carlow
replied he did not know. Mr. Carlow
was told that if there was no permit for the installation of the walls, then Mr.
May had two options: 1.) to remove the walls, return the structure to a carport,
and apply for a permit to convert the carport to a storage area; or 2.) apply
for a permit now, indicating that the work had already been completed, and to
attempt to get approval after the fact. Mr. Carlow
indicated he would speak with Mr. May.
Mr. Carlow
asked about a time frame within which all the work had to be done. City Recorder
Amy Graham indicated that the Site Review Committee would submit a report on its
findings today, which would then be submitted to the Planning Commission. The
Planning Commission would then consider the report and possible action at their
next meeting in February. At that time a letter would likely be sent containing
dates and deadlines for actions to be completed.
Respectfully
submitted this 19th
day of January, 2009. Jamie
Mills, Councilor Site
Review Committee Chair
Water
Quality Committee
Richard Koehler Chair
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The Water Quality Committee met on Monday the 5th of January our
regular meeting time is the first Thursday of the month.
The state's first septic maintenance program in
Dunes
City
was discussed. A complete list and
its breakdown were given to staff in order to complete past and future ordinance
compliance. In order to best inform
the public a list of qualified NAWT inspectors is being compiled so that staff
may include it in the mailed monthly packet.
Information regarding the state's
Siltcoos
Lake
blue green algae condition. A
clearing up of public confusion is a goal of the committee on two fronts;
·
Refining the protocol for water quality information given to the
public from the committee via staff, council and mayor.
·
Enabling more cooperation from the county and state for water
testing regarding health concerns under its control.
The committee's volunteers tested Siltcoos waters five
times in January. A DEQ
representative visited and tested at the end of January.
Results of those tests are forthcoming and will be posted.
Committee members are communicating with government and
civic groups in order find the best ways to relay information to the public.
dunescity.com has updated information regarding the latest
blue green condition as well as steps you can take to ensure a healthy
watershed.
A septage field and DEQ approved distribution was observed
and reported by David Dumas. More
mapping work for the public to reference will be forthcoming.
My thanks to last month's volunteers;
John Stead
David Dumas Mark
Chandler
Ralph Farnsworth
Robert Mohler
Wes Wilcox
Steve Hagar
for their working for the betterment of the lakes and our
value.
I welcome new member Ken Henderson Thanks too to Ms Navetta for taking minutes and her valuable
input.
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