3.
Consent Agenda
Councilor
Navetta requested to pull the minutes of 3/12/09 from the consent
agenda for clarification of a word she believed to be left out.
Councilor
Koehler requested to pull out the bills of the session from the
consent agenda to allow for clarification.
The
Council reviewed the receipts of the session.
Mayor
Hauptman stated that normally the council makes a motion to accept
both the bills and receipts at the same time but because they have
pulled the bills of the session, Mayor Hauptman asked if the
council would like to have a separate motion for the receipts of
the session.
In
unison, Councilor Quandt said he would make a motion for the
receipts and Councilor Howison said for clarification, in the past
the council has never voted on the receipts, but rather they have
only voted on paying the bills.
Mayor
Hauptman stated there is a separate issue regardless of what they
have done in the past and said the council will now go through the
minutes.
Councilor
Navetta stated on Page 6 second paragraph from the bottom where it
states "no one the council", it should state "no
one on the council".
Councilor
Koehler stated the exhibits under committee reports are not
included with the set of the minutes and are not on web. Councilor
Koehler said he would like some agreement down the road as well as
today to get the exhibits so they are part of the web and part of
the public display. Councilor Koehler said he doesn't see the
necessity of calling them exhibits as he thinks that would be a
public legal display. Councilor Koehler said they should be
indicated as committee reports.
Councilor
Koehler made the motion to include the committee reports and any
other missing information into the minutes, so that the web can
have all the public information displayed. The motion was seconded
by Councilor Navetta.
Councilor
Quandt said the wording "any other missing information"
leaves it open.
Councilor
Koehler amended his motion to state: include the committee reports
and any other public documents that are presented in council into
the minutes, so that the web can have all the public information
displayed. The amended motion was seconded by Councilor Navetta.
The motion carried after vote of 6 ayes and 0 nays.
City
Recorder Amy Graham clarified that the information would be
provided to the web master as a PDF. The City Recorder said the
reason why the reports are no longer in the minutes is because the
verbiage became too lengthy and the council said the minutes were
way to long and that the council wanted them eliminated.
Councilor
Koehler stated he could not post PDF to the web and said text
documents would be required.
Councilor
Ruede said she doesn't believe this should be a requirement and
she believes the council should be allowed to give the committee
reports to the City Recorder as a hard copy.
Councilor
Koehler stated PDF is a much larger size program which poses a
problem.
Councilor
Ruede stated there may be circumstances where a person may not be
able to provide a document in Word format.
City
Recorder, Amy Graham stated that sometimes citizens hand in
documents in the meeting and asked how the staff should handle
those items and asked if they are to be re-typed.
Mayor
Hauptman directed the City Recorder to find out if documents could
be scanned into Word format.
Councilor
Koehler said in 2006 the city purchased a program to scan
documents into Word format.
Councilor
Koehler questioned the increase in the net payroll and also what
looks to be an employee off of the payroll.
City
Recorder, Amy Graham stated Councilor Koehler was given this
information via the internet the other day. Amy Graham said the
reason the net payroll is increased is because the City allows
$500 a month for insurance for the staff. Amy Graham said the city
did not have an insurance policy so the employees that were
eligible for the insurance were getting the $500 in their checks.
Amy Graham said now the city has an insurance policy so that is
six hundred and something a month, $500 of it is covered by the
city for Lisa's insurance and the remaining $137 is being deducted
from her paycheck and that is included in that net payroll amount.
Amy Graham said even though the city is short a staff member as
councilor Koehler said, the city was only without that employee
for a couple of days, and the city had a new employee start the
following week.
Councilor
Navetta asked why Maria McConnell is not in the other group, why
is she separated.
Amy
Graham said Maria McConnell for the work as the road secretary is
in the net payroll group what you see on the bills of the session
for the remaining amount is work that the Mayor had asked Maria to
do on the stormwater ordinance which was a separate thing before
she came back to work for the city.
Councilor
Koehler said the NW Bass Club had a refund in February and
questioned why there is another refund.
Amy
Graham said the NW Bass Club sent in a check to rent the city hall
for their meetings for this upcoming year and they never used
those monies. Amy Graham said the first amount was for the rental
fee and the second amount was for the key deposit.
Councilor
Quandt made the motion to pay the 04/08/09 bills of the session.
Councilor Howison seconded the motion. The motion carried after
unanimous vote of 6 ayes and 0 nays.
4.
Announcements /
Correspondence
Mayor
Hauptman thanked everyone that helped with clean up day at City
Hall on 04/04/09 and announced the City Potluck April 11th
from 2:00 to 5:00 PM.
Councilor
Mills pointed out that the council had not voted on the minutes
under the consent agenda.
Councilor
Mills made the motion to approve the minutes of 3/12/09 as amended
by councilor Navetta. Councilor Quandt seconded the motion. The
motion carried after unanimous vote of 6 ayes and 0 nays.
Councilor
Mills made the motion to approve the minutes of 3/18/09. Councilor
Howison seconded the motion. The motion carried after unanimous
vote of 6 ayes and 0 nays.
Mayor
Hauptman said his understanding is the council votes for the
entire consent agenda and said they won't segment it again.
Councilor
Howison said the idea of the consent agenda is that they wouldn't
need to pull everything out, but in fact the consent agenda is not
as much use because they always pull things out.
Mayor
Hauptman said that was his point. The Mayor said if the council
has any questions, they should get them out before hand and if
they have a correction to the minutes they can just say we have a
correction in the minutes.
Councilor
Koehler said perhaps they could just eliminate the consent agenda
and just say approval of the minutes and the bills.
Mayor
Hauptman said this is what consent agenda is in essence.
5.
Reports
·
Mayors Report
The
Mayor said Mr. Ralph Farnsworth had mentioned concern about the
city's money being in one bank. The Mayor said he knows the City
Recorder went and looked into this with the current bank they use
which is Oregon Pacific, and the Mayor said he believes Rebecca
Ruede was going to have a report for the council on U.S. Bank. The
Mayor asked Councilor Ruede for her report.
Councilor
Ruede said she doesn't think she would have anything different to
offer at this point in time because of the way the structures of
municipalities are held in banking institutions. Councilor Ruede
said she and the City Recorder have not had a time to go into this
in greater detail.
Mayor
Hauptman asked the City Recorder where the city is at with this
topic.
The
City Recorder said Oregon Pacific Bank had sent her a letter back
on 03/18/09 and she had forwarded this over to Councilor Ruede
asking her for some input. The City Recorder stated she has not
heard back from Councilor Ruede and is awaiting her response.
Mayor
Hauptman asked if the city can insure the dollar amounts correctly
within one account at Oregon Pacific Bank.
Amy
Graham said when she asked Oregon Pacific Bank, they said the city
would be able to do what is desired. Amy Graham said Oregon
Pacific Bank sent a letter she didn't completely understand and
this is why she asked Councilor Ruede if she could help with it.
Councilor
Ruede said she would be happy to explain, but all financial
institutions are structured the same when it comes to banking for
municipalities. Councilor Ruede said she would be happy to get
together with Amy on this.
The
Mayor announced the budget committee will be meeting on April
28th, 2009 at 7:00 PM.
·
A report was given by Councilor Navetta on behalf of the
Communication and Education Committee and Community
Center/Police which is recorded on tape, DVD, and filed in the
City Recorder's office.
·
A report was given by Councilor Howison on behalf of the
Conservation Commission which is recorded on tape, DVD and is
filed in the City Recorder's office.
Mayor
Hauptman asked if the staff could put in their position regarding
the septic ordinance at the next Conservation Committee meeting.
Councilor
Koehler made a motion which was not easily transcribed as it was
quickly stated and The Planning Secretary requested clarification
of the motion.
Mr.
George Burke spoke from the audience stating point of order and
that no motion can be introduced the first time and voted on at
this council meeting. Mr. Burke said that motion has to be passed
on to the next meeting. Mr. Burke said once already tonight, the
council has made a motion, introduced something at this meeting,
and it has to be passed on to the next meeting, investigated by
staff, and passed on to give the council time to make a decision.
Mr. Burke said he would recommend they look into this.
Mayor
Hauptman said he's not sure if this is point of order, but he
thinks it's wise.
Councilor
Howison said only under circumstances is this true as it depend on
whether it's an ordinance, or a major change but just for council
to make a decision to do something like write a letter to someone,
they don't have to wait a month to do it. Councilor Howison said
just to clarify what happened, when they passed the septic
ordinance several years ago, he believes he was the only current
member who voted for the ordinance and they felt very strongly
about it. Councilor Howison said over time a problem developed
with the way that the ordinance was worded and utilized. Councilor
Howison said low usage households, are probably being subjected to
unnecessary requirements. Councilor Howison said his comments are
not intended as opposition to Councilor Koehler and minor changes
would not change the overall intent.
Councilor
Navetta said one of the reasons the water quality committee made
the recommendation to leave things alone is because they are 3
years into a program and to change horses in the middle of the
stream will only confuse people. Councilor Navetta said some
people will be treated differently than other people have been
treated. Councilor Navetta said this is an initial evaluation and
it doesn't matter if people like it or not, it needs to be done
and responsible cities do this.
Councilor
Quandt said it sounds like there are two different recommendations
from two different committees and those recommendations will be
considered by the council when the ordinance is brought before it.
Mayor
Hauptman said there is a motion on the floor and requested the
Planning Secretary to read it back.
Planning
Secretary, Lisa Ekelund stated she was not able to transcribe the
motion and requested Councilor Koehler to clarify his motion.
Councilor
Koehler said he didn't remember his motion because it has been so
long.
The
Planning Secretary said Councilor Koehler made the motion to have
the water quality committee's opinion out there.
Councilor
Koehler said he thinks he stated quite specifically that he wanted
the recommendations of the water quality committee to stand and
have the council's approval for what they've been working on since
2002.
Councilor
Koehler made the motion he would like the Council to accept the
recommendations from the water quality committee that they let
this ordinance continue as it is. Councilor Navetta seconded the
motion. The motion failed by vote of 2 ayes and 4 nays.
·
A report was given by Councilor Ruede on behalf of the Parks and
Recreation Committee which is recorded on tape, DVD, and is
filed in the City Recorder's office.
·
A report was given by Councilor Quandt on behalf of the Road
Commission which is recorded on tape, DVD, and is filed in the
City Recorder's office.
·
A report was given by Councilor Mills on behalf of the Site
Review Committee and the Revenue Committee which is recorded on
tape, DVD, and is filed in the City Recorder's office.
·
A report was given by Councilor Koehler on behalf of the Water
Quality which is recorded on tape, DVD, and is filed in the City
Recorder's office.
·
A report was given by Lisa Ekelund on behalf of the Planning
Department which is recorded on tape, DVD, and is filed in the
City Recorder's office.
6.
New Business
·
Proposals for Audit Services
The
Mayor stated this is an action item and the Council reviewed and
discussed the proposals.
The
City Recorder stated it was brought to her attention that because
the city's expenditures are under $500,000 they are allowed a
review instead of a full audit. The City Recorder stated some of
the companies submitted two proposals one of which was for a
review and the other for a full audit.
Councilor
Ruede pointed out that some of the firms have more experience with
municipalities.
Councilor
Koehler stated Grimstad & Associates have a lesser fee.
The
City Recorder stated she posted a request for proposal in the
newspaper and received no responses. The City Recorder requested
recommendations from the Oregon Association for Municipal
Recorders (OAMR).
Councilor
Ruede asked the City Recorder if she spoke to any of the firms and
the City Recorder said she felt comfortable with Hough, MacAdam
& Wartnik, LLC.
Councilor
Koehler asked if they have any reference as far as what happened
with the most recent auditor.
Mayor
Hauptman stated that Hallis did not bid. The Mayor said Hallis was
a small firm that was not able to provide timely service to the
City.
Councilor
Howison said the firm with the lower bid didn't give a review bid
whereas the one the City Recorder preferred provided the review
bid and questioned if the council needed to decide on a review or
a full audit.
Councilor
Quandt stated he believes the council needs more time for review
and suggested they use $10,800 for the budget figure which would
be a safe estimate.
Councilor
Koehler said $10,800 was for a full audit.
Councilor
Quandt made the motion that the council table the issue of
deciding which auditing service to use and use $10,800 for the
budget amount for the purpose of budgeting. Councilor Howison
seconded the motion. The motion carried after unanimous vote of 6
ayes and 0 nays.
·
Proposals for Janitorial Services
The
Mayor stated there is only one proposal and it is from the
janitorial company the city currently uses.
Councilor
Howison moved to accept the proposal from Dunes City Home
Services. Councilor Quandt second the motion. The motion carried
after unanimous vote of 6 ayes and 0 nays.
·
Construction Excise Tax
The
Mayor explained the construction excise tax. The City Recorder
stated she will set up a meeting with the business manager in
charge of this program.
Councilor
Navetta questioned what the city attorney thought of this.
The
City Recorder stated the superintendent from the school is willing
to speak to the council if they have any questions.
The
Mayor directed the City Recorder to set up a time for the
superintendent to speak to the council.
Councilor
Quandt stated he agrees there is nothing the city can do about the
tax as it was imposed by the state.
The
Mayor asked the City Recorder if a resolution is required and the
City Recorder said yes.
Councilor
Quandt said there is an intergovernmental agreement with the
school district.
Councilor
Howison asked if the city gets any of the money and the City
Recorder stated the city will receive 1% and that there is the
possibility it will be raised to 3%. The City Recorder said the 1%
is to cover staff time.
The
Council decided it was not necessary for the superintendent to
come to the city and speak.
·
Fire Safety
Councilor
Navetta stated the City of Florence pays less tax for fire
protection and the city needs to take a stance.
Councilor
Koehler reiterated that Dunes City is paying 5 times more in taxes
than Florence and questioned what justifies it.
Mrs.
Judy Martin spoke from the audience stating the City of Florence
donated some fire equipment but it was worn out and was to be
replaced.
The
Mayor questioned how the city should confront the subject.
Councilor
Koehler stated if the city could speak to the county commissioner
about this, he thinks it may be helpful because most of the taxing
could be fixed through that outlet.
Councilor
Quandt stated he would suggest they have the city's fire
commissioner collect a list of people to contact who could provide
the city with a direction on approaching the matter.
Councilor
Koehler stated on Friday 4/10/09 between 6:00 PM and 8:00 PM there
is going to be a Tsunami exposition at the Florence Events Center.
·
Collection Procedures
The
Mayor stated the council spoke of this at the last city council
meeting. The Mayor said having an intergovernmental agreement with
the Florence court system is a possibility and the city is
researching a way to have court in Dunes City which would be
conducted via video conference to Florence.
The
City Recorder stated Valley Credit has been highly recommended to
use as a collection agency.
The
City Recorder stated she received a timeframe of an assessed fine
that Councilor Koehler requested she research. The City Recorder
said she found a fine that was not equal to what Councilor Koehler
said.
Councilor
Koehler stated he could provide an audio recording of the fine
assessment.
Councilor
Navetta stated the past recorder, Joyce Philips, noted a violation
and sent a letter. The people sent in their money for the fine or
they had the option to appeal the fine.
The
Mayor said there are some people who ignore the fine.
Councilor
Howison requested a 5 minute recess.
Mayor
Hauptman called for a 10 minute recess at 9:03 PM.
The
Meeting reconvened at 9:18 PM.
The
Mayor announced speaker Jenny Velinity from the Siuslaw Area
Partnership to Prevent Substance Abuse SAPPSA
Ms.
Velinity announced that April is Alcohol Awareness Month. Ms.
Velinity gave statistics regarding underage drinking and requested
the city council make a statement saying the Council's position on
underage drinking with the purpose of raising community awareness.
The
Mayor asked the City Recorder to have the Administrative Assistant
get the web links via email so they can be posted to the web.
Councilor
Koehler stated he had contact with the Lane County Prevention
Department and he has posted their link on prevention. Councilor
Koehler stated perhaps he could design a page for public
awareness.
Councilor
Koehler asked Ms. Velinity what she thought could be a solution.
Ms.
Velinity stated parent's needs to keep track of their alcohol
supply in their homes. Ms. Velinity stated there are also parents
who don't feel it to be a problem if their children drink.
The
City Recorder stated she has a daughter who doesn't go out on
Friday's because her daughter chooses to not be involved with the
drinking. The City Recorder stated that her daughter believes
there is not enough to do in the town that doesn't involve
drinking.
7.
Unfinished / Old Business
·
Woahink Weir
Mr.
Burke said the last Mayor asked Mr. Burke to finish and make
improvements to the Weir. Mr. Burke stated that everything has
been done that was agreed to. Mr. Burke said the final thing is to
have the ODF sign off. Mr. Burke said the City needs to keep
moving forward with this. Mr. Burke said all that's left to do is
to follow the Department of Fish and Wildlife's direction on how
they would like the Weir to operate. Mr. Burke said there needs to
be a recording twice a month with water flow regulation. Mr. Burke
said there is also a 1 year period where they would keep a lot of
records, measuring flow so they know when to raise the gates up.
Mr. Burke said this could be done through volunteerism. Mr. Burke
said at the moment, the Weir is a dam but it's a permanent
structure that doesn't move.
Councilor
Koehler said because of the salmon, it's important to monitor the
flow. Councilor Koehler said in order to measure in places that
can't be accessed, could transponder receivers be put in place.
Mr.
Burke said transponders could be put into place but right now they
just use a stationary gauge.
Mr.
Anderson said the Weir is accessible by boat or by site from the
Highway and feels granting an easement would devalue his property.
Councilor
Howison questioned if anyone has evaluated the city's needs to
store water in the future.
Mr.
Anderson said 3 or 4 drought years would create a need.
Mr.
Burke said the former administration felt there was a need and
gave the asking price for the water rights on Siltcoos Lake.
Councilor
Koehler said there is a domestic use on Woahink Lake where there
is a commercial/industrial use on Siltcoos Lake.
Councilor
Mills asked how many people had individual water rights for
Woahink Lake and Councilor Navetta said it was approximately 212.
The
Mayor questioned if the City could afford and take care of the
Weir. The Mayor said if the City takes over the Weir they would
have obligations that Mr. Anderson doesn't have currently. The
Mayor stated perhaps a cost analysis would be beneficial. The
Mayor said he doesn't see the freedom to take care of the Weir as
there are no access easements.
Councilor
Navetta said there is an issue with using the water and a second
issue of storing the water. Councilor Navetta said a key issue, is
accessing the Weir over land.
Councilor
Quandt read a section of the memorandum and expressed a concern if
repairs in the future are needed by the use of cement trucks and
the city would need assurance of a roadway they could travel
through without damaging anything.
Mr.
Anderson suggested they don't take a full load of concrete. Mr.
Anderson said the Weir is very small and cement could be wheel
barreled in.
Mr.
Burke said the State has taken on the regulation of the Weir at
the moment to maintain the downstream.
Councilor
Quandt said his main concern is the associated costs and suggested
the revenue committee look into it.
Mayor
Hauptman suggested the water quality committee look into the cost.
Councilor
Navetta said she believes the city signed up for this several
years ago when they made the citizens sign up on the city's water
rights.
Councilor
Howison said Councilor Navetta's comment is in regards to a
different issue.
Mr.
Anderson said the City is reaching a deadline and if the City is
at all interested, they should look into getting an extension.
Councilor
Howison said the City should make sure they maintain the rights
and apply for an extension.
The
City Recorder stated she would research getting an extension.
Councilor
Mills said the State Engineer in the Division of the Water
Resources is who the City Recorder should contact and suggested
the City Recorder speak to Mr. John Stead as he is familiar with
the process.
Councilor
Quandt suggested the course of action is to apply for the
extension so the city has more time to think about it and have the
revenue committee look into costs and funding.
Mr.
Burke said there are performance dates that have to be met
according to the language in the permit.
The
Mayor directed the City Recorder to contact Mr. John Stead.
·
Atkeson Property – Nuisance Complaint
Councilor
Howison recused himself from the discussion stating it is because
he is the person who issued the complaint. Councilor Howison left
the dais and sat in the audience.
Councilor
Koehler said he had a hard time with the report given by Mr. Gates
because he goes outside his parameter of his expertise.
Councilor
Quandt made the motion to accept the report from William Gates
dated 03/18/2009. The motion was seconded by Councilor Mills. The
motion carried by vote of 3 ayes and 2 nays.
Councilor
Quandt made the motion to accept the staff report titled Recommendations
for Resolution of Abatement Action dated 03/09/2009. Councilor
Ruede seconded the motion. The motion carried by vote of 3 ayes
and 2 nays.
Councilor
Koehler said last month there was a problem with the whole report.
Councilor
Quandt made the motion that the three violations of 151.020 listed
in the staff report be declared nuisances pursuant to DC code
91.10 B. Councilor Mills seconded the motion. The motion carried
by vote of 6 ayes and 0 nays.
Councilor
Quandt brought up the issue of the fence on the property. The City
Recorder stated the planning secretary has changed her
recommendation to remove the fence as Mr. Gates suggests.
Councilor
Koehler said if there is a report that is not totally right then
it should be corrected.
Councilor
Mills said her position with the report, is that it is a report
from the planning commission and the council can't change it.
Councilor
Quandt asked if the council believes the patio tiles should be
removed.
The
Mayor called for a 10 minute recess.
The
meeting reconvened at 10:35 PM.
Councilor
Ruede moved to request to minimize the tiles. Councilor Quandt
suggested making the tiles 4 ft wide. Councilor Quandt withdrew
his suggestion (second). Motion died for lack of a second.
Councilor
Quandt made the motion to remove the tiles. Councilor Navetta
seconded the motion. The motion carried by vote of 4 ayes and 1
nay.
Councilor
Quandt made the motion that the fence is to be removed. Councilor
Navetta seconded the motion. The motion carried by vote of 4 ayes
and 1 nay.
Councilor
Quandt questioned the posting of the nuisance.
Councilor
Mills stated they should request the Lane County Sheriffs
Department to do the posting.
Councilor
Koehler said the Department of Fish and Wildlife could possibly do
this.
The
City Recorder said the council needs to vote.
Councilor
Quandt made the motion to initiate the abatement procedures
prescribed in the 03/09/09 staff report with the following
changes:
1.
Fence is to be removed
2.
Tiles are to be removed
3.
Notice of abatement will be posted on the property.
Councilor
Mills seconded motion. The motion carried by vote of 5 ayes and 0
nays.
·
Nuisance Ordinance Clarification
Councilor
Howison said he believed clarification of the nuisance ordinance
with regards to shoreland issues is needed. Councilor Howison said
the Conservation Committee needs to be included in the ordinance.
Councilor
Howison submitted a paper which read "91.25 (A) When a
signed, written allegation is presented to the City Recorder that
a nuisance, as defined in this chapter exists, the Recorder shall
notify the Site Review Committee, (unless the violation occurs
in the shoreland zone or in the riparian corridor in which case
the Recorder shall notify the Conservation Committee.) The (designated)
Site Review Committee will investigate to determine whether
a nuisance exists. 91.26 (D) If the investigation designated in
91.25 determines that an emergency exists, the (designated?)
Site Review Committee shall notify the Mayor. (Bold) print
in parenthesis is new wordage, underlined is to be
deleted."
Councilor
Navetta asked why the ordinance number is changing when it's just
an amendment.
Councilor
Quandt said he is comfortable with the wording for ordinance 176,
section 91.25 and believes they should go ahead and draft an
ordinance using normal procedures and have it ready for the next
meeting.
Councilor
Mills said chapter 8 under ordinances in Dunes City Charter,
paragraph 3 requires that if the city is going to adopt an
ordinance, any reading by title, only if the council member
doesn't request to have the ordinance read in full or if the copy
of the ordinance is provided to each council member and 3 copies
are provided for public inspection in the office of City Recorder
not later than one week before the first reading of the ordinance.
Councilor Mills said under Title 1 of the general provisions is
where you will find the requirement that if you are going to amend
the ordinance; you have to amend by ordinance. Councilor Mills
said she thinks Councilor Quandt is correct in saying that they
need to do it right but they could probably read into the record,
the whole title tonight and get the first reading out of the way.
Councilor
Quandt made the motion that we draft an ordinance to amend 176
using the language suggested by Councilor Howison and prepare it
for the next meeting. Councilor Howison seconded the motion. The
motion carried by unanimous vote of 6 ayes and 0 nays.
8.
Adjournment
There
being no further business to come before Council,
Councilor
Navetta made the motion to adjourn the meeting and Councilor Ruede
seconded the motion. After unanimous vote of 6 ayes and 0 nays,
the meeting adjourned at 10:54 PM.
The
next scheduled meeting of the Dunes City Council will be held on
May 14, 2009 at 7:00 PM.
The
proceedings of the City Council meeting were recorded on tape,
DVD, and are filed in the City Recorder's office. The complete
agenda of this meeting is filed in the City Recorder's office.
Respectfully
prepared by,
___________________________
Lisa
Ekelund
Planning
Secretary
=======================================================================
Committee
Reports
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