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1.
Call to order
Mayor
Rebecca Ruede
called the meeting of the Dunes City Council to order at
7:00 pm
.
2.
Roll call
Roll
Call was taken by City Recorder
Fred Hilden
.
Present:
Mayor
Rebecca Ruede
, Council President Jamie Mills, Councilor Duke Wells,
Councilor
Troy
Sathe
, Councilor Ed Scarberry, Councilor
Richard Koehler
, and Councilor Dick Anderson.
Also
Present: City Recorder
Fred Hilden
, Administrative Assistant
Amanda Clinton
,
Planning Chairman
Lee Riechel
, Planning Vice Chairman
George Burke
,
Siuslaw Valley Fire & Rescue Chief John Buchanan, Director of Western
Lane Ambulance and Chairman of the West Lane Emergency Operations Group
Henry Hanf and several citizens.
3.
Pledge of Allegiance
All
who were present stood for the Pledge of Allegiance.
4.
Approval of the Agenda
Councilor Dick Anderson made a motion to
approve the Agenda as presented. Council President Jamie Mills seconded the
motion. The motion passed by unanimous vote.
5.
Consent Agenda
Councilor
Ed Scarberry made a motion to approve the Consent Agenda as presented.
Council President Jamie Mills seconded the motion. The motion passed by
unanimous vote.
6.
Announcements /
Correspondence
Mayor
Ruede made the following announcements: the Artist of the Month is
photographer Jim Buch; there are two positions open for the Communication
and Education Committee and one position open for the Revenue Committee; the
Siltcoos River Dam Portage should be used with caution as the bottom portion
of the kayak ramp and foot ramp along with the portion of the handrail has
been weakened by electrolysis. Mayor Ruede advised that she and City
Recorder
Fred Hilden
had visited the dam portage and this will be discussed later in the meeting.
Mayor Ruede also announced that September 4th -10th is
National Suicide Prevention Week. The Mayor also announced that there is a
City Council work session planned for September 29, 2011 at 5:00 pm to
discuss standing Commissions and Committees and the proposed Code
Enforcement Ordinance and anyone who would like to attend this meeting is
urged to come. Mayor Ruede reminded everyone that our meetings are being
recorded even during breaks and to be careful when making comments.
City
Recorder
Fred Hilden
re-introduced Administrative Assistant
Amanda Clinton
to the Council and to the public.
Mayor
Ruede mentioned the West Lane Emergency Operations Group (WLEOG) “Improve
your survivability program” is having a class on
Saturday, September 10, 2011
. They will be
discussing emergency preparedness in your home and your neighborhood. This
“Are you Ready” and “Map Your Neighborhood” class will be held at
Siuslaw Valley Fire & Rescue in Florence from 9:30 am and end at 12:30
pm. The next class “Shelter of Place” is scheduled for October 8th
also from
9:30 am
to
12:30 pm
, also at the Fire Station.
Dunes
City
residents are urged to attend as many of these classes as possible. In
addition, if any residents are interested in hosting a “Map your
neighborhood” meeting in your home they should contact Council President
Jamie Mills or Siuslaw Valley Fire & Rescue.
Mayor
Ruede thanked both Siuslaw Fire & Rescue Chief John Buchanan and
Director of Western Lane Ambulance and WLEOG Chairman Henry Hanf for
attending tonight’s Council meeting.
7.
Citizen Input - None
8.
Committee /Commission
Reports
A.
Mayors Report
Mayor Ruede commented that Sunday is
September 11, 2011
and wanted to use this 10th anniversary of the 911 event to
remind everyone in the Community to be better prepared in the event of an
emergency. Mayor Ruede also mentioned that the City has listed many
opportunities for the public to get involved in emergency planning.
B.
Communication & Education Report
Councilor Dick Anderson mentioned that we are still looking for 2
volunteers for the Communication & Education committee.
C.
Community Center Report
Councilor Duke Wells had nothing to report.
D.
Conservation Committee Report
Councilor Dick Anderson stated there was a Shoreland Vegetation / Tree
Removal Application received for a tree that was dangerously close to a
home. The Conservation Committee did a site visit and made a recommendation
to the Planning Commission. Planning Commissioner
Lee Riechel
who attended the Council meeting said that at the next Planning Commission
meeting on September 22nd they would review the application and
the Conservation Committee’s recommendation.
E.
Ordinance Review Committee Report
Council President Jamie Mills read the report for the Ordinance Review
Committee into the record.
F.
Parks & Recreations Commission Report
Councilor Koehler reported there was no meeting in August. He advised
that their next meeting would be
September 19, 2011
.
G.
Revenue Committee
Councilor Scarberry reported that the Revenue Committee took the month
of August off. The next Revenue Committee meeting will be
Thursday, September 22, 2011
at
3:30 pm.
Councilor Scarberry also mentioned that the Revenue Committee is still in
need of one committee member.
H.
Road Commission Report
Councilor
Troy Sathe
read the Road Commission report into the record.
I.
Site Review Committee
Councilor Wells reported that there was no Site Review Committee meeting
this month but wanted to take the opportunity to apologize to the Site
Review Committee for not contacting them about there being no meeting in
August. Although there was nothing for the Site Review Committee to report
on, he still felt an apology was in order.
J.
Water Quality Committee Report
The Water Quality Committee did not have a Quorum for its meeting
scheduled for
August 17th so the meeting was canceled. The next regular meeting
will be held
September 21st at
3:00 pm
.
K.
Emergency
Services
Coordinator
Report
City
Recorder
Fred
Hilden
reported that there was no report from Don Hayes this month. Mayor Ruede
asked for Councilor comment on this matter as it is a very important.
Councilor Koehler noted that perhaps he would contact Don Hayes or Chief
Buchanan to obtain materials to help augment the web site. Councilor Wells
commented that perhaps things would move a little smoother if we had a
member of the staff be our representative to the West Lane Emergency
Operations Group (WLEOG). Mayor Ruede asked the City Recorder how he felt
about the additional workload that would place on staff.
Fred Hilden
responded that the primary task is to attend the 1-hour monthly meeting of
WLEOG and assist in the City’s preparation of an Emergency Operations
Plan. He went on to point out that he (Mr. Hilden) already attends the
monthly WLEOG meeting and meets periodically with the Emergency Services
Coordinator to work on
Dune
City
’s plan so there would be no additional workload on staff. Councilor
Koehler stated that he wanted to remind everyone that since this was not
listed as an “action item” on the agenda, taking any action on the
matter could be outside the Council’s boundaries. He went on to explain
that his primary concern is what happens when the bridge (
Siuslaw
River
) goes out. Mayor Ruede stated that she understand that this is not an
action item and will have it on the next City Council Meeting Agenda.
Councilor Mills commented that Don Hayes has done a good job with projects
but since WLEOG is addressing concerns like the bridge going out, it points
to the breakdown in communication between the activities at WLEOG and the
City Council.
Councilor Wells made a motion to direct
staff to prepare a Resolution designating City staff, specifically the City
Recorder as the voting member of the West Lane Emergency Operations Group.
Councilor Sathe seconded the motion.
Councilor Koehler pointed out that it was not appropriate for the Council to
take action on an item not on the agenda. After considerable discussion,
Mayor Ruede asked the City Recorder for clarification. City Recorder
Fred Hilden
referred to the Council Rules of Procedure reading Section 5.4, Presentation
by Members of Council, that permits the Council to take action on an item
not on the agenda if there is compelling reason as demonstrated by a
unanimous vote. Mayor Ruede called for the question.
The motion failed by a vote of 5 ayes and 1 nay (Councilor Koehler).
Mayor Ruede instructed the City Recorder to put this matter on next
month’s Agenda as an action item.
L.
Planning Commission Approved Minutes
M.
City
Recorder
Report
City
Recorder
Fred
Hilden
read the City Recorder report into the record. Councilor Koehler asked for
clarification of the records in the City’s septic database. City Recorder
Fred Hilden
provided information on compliance with Ordinance #173 and Ordinance #203 as
given by the City Attorney being March of 2012. As for the property owners
who are not in compliance as of March 2012, the City Council will need to
decide what action to take as there is currently no method for the City to
enforce compliance.
9.
Public Hearing
- None
10.
Unfinished / Old
Business
A.
Ordinance #212, An Ordinance Vacating a Portion of
Buckskin
Bob
Road
Council
President Jamie Mills submitted and reviewed the Buckskin
Bob
Road/Poker Jim’s Pass plat and the fact that while it is currently known
as
Buckskin
Bob
Road
it was originally platted as Poker Jim’s Pass. She read her proposed
amendment into the record.
Council President Jamie Mills made a motion
to amend Ordinance #212 to reference
Buckskin
Bob
Road
as it was originally platted as
“Poker Jim’s Pass.” Councilor Sathe seconded the motion. The motion
passed by unanimous vote.
Councilor
Anderson
made a motion to approve Ordinance
#212 as amended. Councilor Sathe seconded the motion. The motion passed by
unanimous vote.
11.
New Business
A.
Maintenance Required on the Siltcoos River Canoe Trail Dam Portage
City
Recorder
Fred Hilden
has received reports that the dam portage on Siltcoos River Canoe Trail has
major electrolysis and we have had complaints about it. Mayor Ruede and City
Recorder
Fred Hilden
have gone to the dam portage to see the damage. City Recorder
Fred Hilden
did some investigating and found that as of
May 25, 2000
, the dam portage became the responsibility of
Dunes
City
and at this point, it is our responsibility to make the repairs.
City
Recorder
Fred Hilden
advised Council that some of the materials used to construct this dam
portage are nothing more than galvanized pipes, which is now showing signs
of electrolysis. City Recorder
Fred Hilden
went on to advise the Council that
Dunes
City
has visitors coming from all over the world to use the dam portage and it is
important to make the repairs. In addition, three estimates will be
collected by staff and temporary caution signs will be placed until repairs
can be made. City Recorder
Fred Hilden
also read the License Agreement into the record advising that
Dunes
City
is responsible for the Siltcoos River Dam Portage until 2015, under License
#LI18793.
Councilor
Anderson
commented that he recalls when the Council discussed this in 2000 and it was
brought up that this dam portage would bring no problems for the City.
Councilor
Anderson
thought this would be a good learning experience for the City to use in the
future. Mayor Ruede commented that if the correct materials were used to
construct the dam portage in the first place that it would have held up
longer than it has.
Councilor
Koehler asked that staff attempt to get the Oregon Parks Department to take
responsibility for the dam portage. Council President Mills recommended that
we find another organization that would be interested in taking over the
responsibility for the dam portage. Councilor Sathe recommended we discuss
this at the City Council meeting on September 29th so we could
have time to receive all the bids along with any additional information.
Councilor
President Mills was uncomfortable leaving this to the next meeting since it
is a real threat to hurting someone now. City Recorder
Fred Hilden
commented that the City would spend more money trying to close it than it
would cost to repair it. Mayor Ruede acknowledged that there is constant
canoe traffic and would like to see the dam portage repaired.
City
Recorder
Fred Hilden
advised the bids would be anywhere from $1600 to $1800 dollars to do a
temporary patch, but that it may only hold up for about a year. He commented
that he will look further into the liability and would like to see us put
caution signs up.
Council
President Mills made the motion to direct staff to post cautionary signs at
the dam portage as soon as possible, continue to get bids and that we put
this on the Agenda for the next regular Council meeting. Councilor Wells
seconded the motion. The motion passed by unanimous vote.
Councilor Koehler made the motion to include
in staff duties to contact Oregon Parks to see if they will take the
responsibility for the dam portage. Councilor Mills seconded the motion. The
Motion passed by unanimous vote.
B.
Codification Proposal from American Legal Publishing
City
Recorder
Fred Hilden
explained the background on the proposal requested during the budgeting
process. He also reviewed the highlights of the proposal and the options
provided by the vendor. Mayor Ruede asked the City Recorder about the option
offered for a folio search. Mr. Hilden stated that he needs to clarify that
option with the vendor.
Councilor
Koehler asked several questions about the process and timeline required to
complete codification. Mayor Ruede commented that there is no action to be
taken on this item at this meeting. Mayor Ruede would like to discuss this
at the October 13th Council Meeting.
Councilor
Mills commented that the proposal allowed for spreading out our payments for
this work. After discussion, it was recommended that the City request an
extension of the current deadline on the proposal from American Legal
Publishing beyond
October 31, 2011
.
Councilor
Koehler commented that he would like to get an additional bids and compare
to those proposals from American Legal Publishing. Mayor Ruede commented
that she is not inclined to give this to an inexperienced firm. Councilor
Mills noted that this company is the “go to” company as far as she
knows.
Mayor
Ruede asked how long it might take to get an additional bid. City Recorder
explained that it took this vendor four months to prepare this proposal and
they had experience with the City. City Recorder
Fred Hilden
will get an additional proposal and request an extension past the proposed
expiration date of
October 31, 2011
.
12.
Unscheduled Items not
listed on the Agenda
Council
President Jamie Mills had questions for City Recorder
Fred Hilden
regarding the Revenue & Expense report. On page 2 of the Revenue &
Expense Report it lists the General Funds as negative $5,551.10. City
Recorder
Fred Hilden
explained that the fund expenses had not been allocated to other funds and
that we are within budget.
Councilor
Mills also addressed page 2 of the Budget vs. Actual Report. Councilor Mills
commented that the 300% for Medical and the amount for PERS was high. City
Recorder
Fred Hilden
explained that we incurred 2 months medical expense and 1 month PERS expense
for the 2011-2012 budget that was not expected. This was included in the
out-going Planning Secretary’s contract. City Recorder
Fred Hilden
advised Councilor Mills that the Budget Committee should look at this item
in their next meeting in October.
Councilor
Mills expressed her confusion about the net ordinary income showing negative
2375.5% for the Building Codes Fund. City Recorder
Fred Hilden
and Councilor Mills noticed that was a possible error in the report and
noted he did not have an answer at this time.
Councilor Mills went onto the mention that page 10 under Administrative
Wages looked too high but in fact, she was looking at the Medical Insurance
instead of Administrative Wages, which was at 12.3%.
Councilor
Wells announced he will be introducing an amendment to Ordinance #211and
explains that by reading the Comprehensive Plan it came to his understanding
that Policy E6 it states that the City shall adopt a program that will
improve maintenance of septic systems for the benefit of all residents.
Councilor Wells went on to explain that according to Policy E7, the City
shall draft an ordinance regulation to non-point source pollutant run off
into the lake and makes a point that the authors clearly knew the difference
between an “ordinance” and a “program” when they wrote the
Comprehensive Plan. Councilor Wells went on to advise that it (the
Comprehensive Plan) does not require us to have a septic ordinance. There is
a huge difference between an ordinance and a program. Councilor Wells feels
that Ordinance #203 is in violation of our Comprehensive Plan, but also
added that just the fact the
Dunes
City
has a Comprehensive Plan shows how responsible we are as a community. We
really do not have to have one (a Comprehensive Plan), but we have opted to
have one because we care about our City.
Councilor
Koehler added that the Dunes City Comprehensive Plan is a guidepost of sort
for the City and adds that Councilor Wells makes a good point regarding E6
& E7, but recommends that the Council look at the whole Comprehensive
Plan before any decisions are made.
13.
Executive Session - None
14.
Adjournment
There being no further business to come
before the City Council, Council President Mills made a motion to adjourn.
The motion was not seconded and there was no vote.
Mayor
Ruede adjourned the meeting of the Dunes City Council at
8:37 pm
.
APPROVED BY THE DUNES CITY COUNCIL ON THE 13th
DAY OF OCTOBER 2011.
[ Signed copy available
at City Hall ]
Rebecca Ruede, Mayor
ATTEST:
[ Signed copy available
at City Hall ]
Fred Hilden, City Recorder
Reports
ORDINANCE
REVIEW COMMITTEE REPORT
SEPTEMBER 8, 2011
The Ordinance Review
Committee met on August 8th and August 22nd.
At the August 8th meeting, I provided a memorandum to the
members about the teleconference the City Recorder and I had with the City
Attorney regarding the draft Code Enforcement Ordinance, and specifically
with the concern raised by the City Attorney of the risk created by having
volunteers do investigations on complaints rather than a City employee or
official. The City Attorney
strongly encouraged the creation of the Code Enforcement Officer position
that sets out a clear investigation and appeals process.
The City Attorney also stated that the provisions of Dunes City Code
that allow entering onto another’s property without permission likely
violates the Fourth Amendment to the Constitution and should be changed.
A City Council workshop on the issue has been scheduled for
September 22, 2011
.
At the August 22nd
meeting, the committee got down to the nitty gritty of suggesting fees and
deposits on the
Dunes
City
fee schedule. It is hoped that
the final schedule and ordinance will be ready for submission to the City
Council at the October regular session.
The next meetings are
scheduled for September 12th and 26th, both Mondays,
at
9:00 a.m.
here at City Hall.
Road
Chairman's Report to City Council
September 8, 2011
~ Prepared by
Troy
Sathe
, Road Chairman
The
Road Commission met on August 15th at
6:30 pm
at
Dunes
City Hall
. All members were present.
Commissioner
Leach gave a report on the completion of the
Fir Lane
project.
Road
Secretary Selena Carter handed out a draft copy of the streets the City owns
to the Road Commission.
Road
Secretary Selena Carter handed out a City map showing which sectioned part
of the map is assigned to each Road Commissioner.
Gary
Baker had a work session to discuss what the Road Commission would like to
see be part of the Master Road Plan.
The
next Road
Commission meeting will be at
6:30 pm
September 19th at
Dunes
City Hall
.
Thank you,
Troy Sathe
, Road Commission Chair
WATER
QUALITY COMMITTEE REPORT
SEPTEMBER 8, 2011
The
Water Quality Committee did not have a quorum for its meeting scheduled for
August 17, 2011
, so the meeting was cancelled. The
next regularly scheduled meeting will be September 21st, at
3:00 p.m.
in City Hall.
City Recorder Report to City
Council
September 8, 2011
~ Prepared by Fred Hilden
During
August, I attended the Planning Commission Regular Session and three Special
Sessions, working entirely on Chapter 155, Zoning and Development, toward
the end of having more “clear and objective” standards. In order to
complete this process by the grant deadline of
December 31, 2011
, we are now meeting every Tuesday in
addition to the regular meeting every month. We have requested Contract
Planner Melissa Anderson to review the code audit as the Planning Commission
completes each section. Her estimate for this task is $1800. While a review
by our City Attorney will still be required, Ms. Anderson’s participation
should prove to save at least twice the amount of her quote in legal review
fees.
During
August, we met with the City’s Auditor to begin our “review” process.
This meeting went very smoothly with only a few minor items to prepare to
complete the review. Many hours of work go into the preparation for even
this much simplified version of an audit, all aimed at ensuring that the
City’s financial records are complete and accurate. We anticipate
completing the review in late September or October.
Also
in August, the City’s property files received a 100% septic information
audit by staff-deputized Council President Mills and company. This involved
pulling all 1145 property files and reviewing each page of the file as it
related to septic data. Councilor Mills did an incredible job on this huge
task, adding “mapping” status to the database and verifying all
“inspection” and “pumping” reports.
Respectfully
submitted,
Fred
Hilden
City
Recorder
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