DUNES CITY COUNCIL MINUTES
REGULAR MEETING
March 11, 2004

CALL TO ORDER AND ROLL CALL

Mayor Rob Ward called the meeting to order at 7:00 p.m.

PRESENT: Mayor R. Ward, Councilors, S. Navetta, J. Martin, S. Meyer, P. Howison, & R. Petersdorf.

ALSO PRESENT: G. Darnielle, City Attorney; C. Lewis, Recording Secretary; L. Riechel, Planning Commission; Erin Payne, Siuslaw News; LCAN, and a few citizens from the community.

EXCUSED: Marilyn Miller, Councilor.

2. PLEDGE OF ALLEGIANCE

Mayor Ward led the Council and audience in the Pledge of Allegiance.

3. APPROVAL OF MINUTES

A. City Council Meeting for February 12, 2004

ACTION: B. Petersdorf made a motion to approve the minutes as presented for the February 12, 2004, City Council Meeting. S. Meyer seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

4. BILLS OF THE SESSION

The bills of the session for February 13, 2004, through March 11, 2004, totaling $13,164.73, were presented for Council approval.

Councilor Petersdorf brought to the attention of the Council the three invoices from Mike McAllister Engineering. Petersdorf said that he had not reviewed the bills (they had just come into the office). It was decided by the Council to approve the invoices, but to have Petersdorf review the invoices before issuing payment.

ACTION: J. Martin made a motion to approve and pay the schedule of bills for the period of February 13, 2004, through March 11, 2004, totaling $13,164.73. B. Petersdorf seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

5. RECEIPTS OF THE SESSION

Receipts of the session from February 13, 2004, through March 11, 2004, totaled $78,685.54.

It was requested that a letter be sent out to the Woahink water right permit holders to mark their waterline with a provided ribbon.

6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS

Clear Lake Road Closure: Clear Lake Road will be closed south of the Gibb Creek Bridge March 18th through April 2 for culvert replacement.

7. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS

Norman Martin 83750 Rio Road, Florence, OR.
Martin said that he had not received any information from the City regarding the insurance investigation concerning the culvert at Rio and Russell Roads. Martin indicated that David Ford, the investigator for Pinnacle Insurance had not been able to get the information from the City that had been requested. Darnielle said that information that went into the file may not have been received by Mr. Ford. Ward told Martin that some of the information will be Confidential, but Martin would be notified when information is made available to the public.

8. PUBLIC HEARINGS - None

9. Reports:

A. Road Commission/Master Road Plan - R. Petersdorf

Road Report (see Exhibit A)

Petersdorf mentioned that Lane County had not contacted the City about encroaching into the City rights-of-way during the widening of Clear Lake Road. Ward said that Lane County is not taking the right-of-way.

Petersdorf discussed the "no brushing" ordinance and presented the proposal for the signs to indicate those areas not to be brushed. Petersdorf requested $750 (as per the quote) to have the signs and permit decals be readied for the applicants. Petersdorf said that the money would be collected when applicants paid the annual fee for the permits. The Council agreed. Petersdorf discussed the proposal of updating the Road/Conference Room with a new conference table, chairs, and secretarial workstation that will fit the space.

ACTION: B. Petersdorf made a motion to purchase the new furniture for the Road Room at a cost of $2592, from Altman Furniture. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

ACTION: B. Petersdorf made a motion to replace the existing Road Room windows with vinyl double paned windows. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

The Council requested that a second quote be obtained for the windows.

B. Parks & Rec/Tourism/Conservation Committee - M. Miller

Complaint from C. Chandler (Miller was not present at meeting. Council was unable to discuss the issue.)

C. Site Review Committee - J. Martin

1) Discussion of software/items necessary for wetland inventory.

Lee Riechel proposed purchasing software to manipulate the data from the wetland inventory with the City's computer. Riechel suggested getting the software now with a book to get familiar with the program prior to receiving the survey results.

ACTION: S. Navetta made a motion to authorize the wetland inventory process to include the purchase of the software as proposed by Lee Riechel. B. Petersdorf seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

D. Police Commissioner/SRFD/Water - S. Navetta

Councilor Navetta informed the Council regarding the continuing complaints about the Watt's tenant playing music too loud and a small child being menaced by the tenant's dog. Darnielle suggested a process using a Public Hearing. Both parties would be requested to attend and testimony would be taken based on City Ordinance. Darnielle said that there would be an oral conclusion of findings and a written determination. A hearing of this type would be needed each time for each occurrence. Darnielle said that the current incidents have been tainted by the Council discussing the event, therefore the City will use the Public Hearing procedure for the next complaint. Darnielle will send a letter to both complainants giving the evidence standards and how to document the evidence for the next occurrence.

Navetta said that she had received a packet of information that was sent to her as a result of an animal bite conference. Navetta said that she would include information in the newsletter as well as use some of the information to strengthen the City's existing code. Darnielle suggested using Lane County and the City of Eugene's code as a model, which he will provide to Navetta.

E. Community Center - P. Howison

Councilor Howison reviewed the Bill of Services and Recommendations from Dave Brown. It was decided that Howison would meet with Brown and go over the recommendations. Petersdorf thought that a lot of money had been spent to not have had the project completed. Ward said that the amount authorized by the Council was to include excavation and investigation into the extent of the problem. Both Petersdorf and Ward thought it was a good idea to have an emergency shut-off installed on the well pump.

F. Grants/Franchises/Licenses - S. Meyer

None.

G. Mayor's Report - R. Ward

Ward reported that ODOT will be replacing the grate decking on the Siuslaw River Bridge after Labor Day. Ward had a joint meeting with Lane County, Douglas County and the Forest Service regarding watershed protection. The intent of the collaboration is to document what is happening to the Siltcoos watershed as a whole.

10. Unfinished/Old Business

A. Ordinance 167 - An ordinance granting a nonexclusive Franchise for the maintenance and operation in the City of Dunes City, Oregon of a cable system. Second reading.

ACTION: S. Meyer made a motion to have the second reading by title only of Ordinance 167 - an ordinance granting a nonexclusive Franchise for the maintenance and operation in the City of Dunes City, Oregon of a cable system. B. Petersdorf seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

Mayor Ward read Ordinance 167 by title.

ACTION: S. Meyer made a motion to adopt Ordinance 167 - an ordinance granting a nonexclusive Franchise for the maintenance and operation in the City of Dunes City, Oregon of a cable system. B. Petersdorf seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. (Polled vote was unanimous, Miller absent.)

B. Ordinance 168 - An ordinance establishing a policy to provide a no brushing plan for property owners abutting the City right-of-way. Second reading.

ACTION: B. Petersdorf made a motion to have the second reading by title only of Ordinance 168 - an ordinance establishing a policy to provide a no brushing plan for property owners abutting the City right-of-way. S. Meyer seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

Mayor Ward read Ordinance 168 by title.

ACTION: B. Petersdorf made a motion to adopt Ordinance 168 - an ordinance establishing a policy to provide a no brushing plan for property owners abutting the City right-of-way. S. Meyer seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried. (Polled vote was unanimous, Miller absent.)

C. Use of the Justice Court for Dunes City issues

Darnielle asked the Council if they wanted to delegate the City's authority to the Justice Court authorizing the Court to keep all fines and money, or recoup expenses related to the case from the Court. It was decided that Darnielle would draft an agreement and let the Court keep all money, to be reviewed in one year.

D. Donegan property

Darnielle will write a letter to the Donegan's informing them about the building inspector's findings of unsafe steps, deck and dock.

11. New Business
(New matters, in absences of a compelling reason, may be set over to a subsequent meeting.)

A. Steve Smoley, 5510 Huckleberry Lane, Florence, OR 97439 - Non-regulated PUC Systems.
Ward said that it was a non-issue and dropped it from the agenda.

B. Application for Appointive Office - Mary Moore, Parks and Recreation Commission.
ACTION: B. Petersdorf made a motion to appoint Mary Moore to the Parks and Recreation Commission. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

C. Resolution 03-11-04 - A resolution adopting a Notice of Brush Control Program used to inform all persons interested in requesting the City not to brush the City right-of-way abutting their property.
It was determined by the Council and Darnielle that a resolution was not needed to set fees. Petersdorf will contact Darnielle later to discuss.

12. Unscheduled Items Not Listed on Agenda - None

Navetta said that Fred Hilden is having problems getting information for the City Website. Christy said that she has a folder full of updates for the Directory but has not had the time to get to the task. It will be completed soon.

14. Executive Session: the session scheduled was cancelled. Discussions for the personnel manual were of a general nature and handled at an open work session at the end of the Council meeting.

15. Meeting adjourned at 8:30.

APPROVED BY:

Robert B. Ward, Jr., Mayor
C. Lewis, Recording Secretary
S. Meyer, President
J. Martin, Councilor
R. Petersdorf, Councilor
S. Navetta, Councilor
P. Howison, Councilor
M. Miller, Councilor (absent/excused)