DUNES CITY COUNCIL MINUTES
REGULAR MEETING
May 13, 2004

1. 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, P. Howison, M. Miller, and R. Petersdorf.
ALSO PRESENT: J. Hickey, City Recorder; G. Darnielle, City Attorney; J. Cerda, Planning Secretary; C. Lewis, Recording Secretary; Erin Payne, Siuslaw News; LCAN, Planning Commissioners L. Riechel and L. Zemlicka, Parks and Recreation Commissioner E. Cockeram, Water Quality Committeemember J. Stead, and a small number of citizens from the community.
EXCUSED: Councilor S. Meyer

2. PLEDGE OF ALLEGIANCE

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

3. APPROVAL OF MINUTES - April 8, 2004

ACTION: M. Miller made a motion to approve the minutes as presented for the April 8, 2004, City Council Meeting. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

4. BILLS OF THE SESSION

The bills of the session for April 9, 2004, through March 13, 2004, totaling $14,965.89, were presented for Council approval.

ACTION: B. Petersdorf made a motion to approve and pay the schedule of bills for the period of April 9, 2004, through May 13, 2004, totaling $14,965.89. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

5. RECEIPTS OF THE SESSION

Receipts of the session from April 9, 2004, through May 13, 2004, totaled $28,084.63.

6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS

A. Business After Hours Reception for Distinguished Rhododendron Festival Sponsors, May 20th, 5:30 - 7:00 PM.

B. Thank you volunteers for yard clean-up at City Hall.

C. Joyce Keener Art Exhibition for May and June at City Hall. Upcoming artists include Charles Draper, Kari Mais, Kathryn Dawson, and Irene Young.

7. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS

A. Eldon Nordahl, 2011 18th St., Florence, OR 97439.

Nordahl asked Mayor Ward if Ka-teech was a conforming legal community water system. Ward said that the system is regulated by the PUC. Nordahl asked if Dunes City has an intergovernmental agreement for police protection. Ward answered no. Nordahl made a reference to a citizen who had repaired a septic failure without the required permits. Ward said that Dunes City assesses fines for lack of permits and that Lane County is the enforcing agency for septic systems.

8. PUBLIC HEARINGS - None.

9. Reports:

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

1) Road Report - See Exhibit A.

2) There was a discussion regarding hiring Keith Herring to do limbing work for $10/hour. It was also decided that Petersdorf would look into hiring workers from Camp Florence to assist Herring in the clean-up and debris disposal.

ACTION: M. Miller made a motion approve the hiring of Keith Herring for limbing of the City streets for $10/hour. J. Martin seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

Mayor Ward said that the Council would monitor the progress of the limbing and that Petersdorf should bring back a request to hire workers from Camp Florence.

3) Petersdorf presented a recommendation from the Road Commission to install a street light at the intersection of Pluto's Promenade and Helkat Trail as requested by the surrounding property owners.

ACTION: B. Petersdorf made a motion to approve the addition of a streetlight at the intersection of Pluto's Promenade and Helkat Trail. P. Howison seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

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

1) Miller presented the project recommendations as outlined by the Parks and Recreation Committee. See Exhibit B. Petersdorf said that money allocated by the RTMP grant would have to be spent by July. Ward made a suggestion that there be a dedication upon the completion of the Siltcoos River Canoe Trail sign. Joanne Hickey asked that the Council approve the concept of the projects including the entry area/brochure display and kiosk.

ACTION: B. Petersdorf made a motion approve the recommendations as presented by Joanne Hickey in regards to the updating of the kiosk and entry area/brochure display. S. Navetta seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

2) Hickey made a recommendation to revise the Parks and Recreation Ordinance to allow a Road Commission Representative to serve on the Parks and Recreation Commission. Ward asked that Hickey come to the next meeting with the recommended ordinance amendment to change the committee from three to five people.

3) Miller reported that the Conservation Committee revisited the Beck property after receiving clarification from the complainant. Miller said that it was clear that the Beck's are in violation of clearing within 50 feet of the shoreline. See Exhibit C. Miller requested that the maximum fine be levied. Ward commented that Beck was in compliance upon investigation of a prior complaint about grass within 50 feet of the shoreline that had been grandfathered. Gary Darnielle recommended that a letter be sent to the Beck's asking them to abate the violation at their expense. If they choose not to, the City can re-vegetate the area charging the Beck's along with assessing a fine. Ward authorized Miller and Darnielle to proceed with full due process. Ward made reference that the pictures show that the Beck's are doing some construction on their house without a building permit.

Miller also reported on a fence that was installed by George Reedal along the entire length of his property extending within 50 feet of the shoreline and also encroaching into the City's street right-of-way. Lee Riechel commented that the City Code does not allow the fence and a precedent had previously been set when a fence in South Shore that was within 50 feet of the shoreline had to be removed.

C. Site Review Committee - J. Martin

1) Donegan property update: Martin reported that the Donegan's have been very responsive to making the necessary changes required by the City. The Donegan's expect to make repairs this summer. J. Hickey will send out a letter thanking them for their response.

Martin said there had been a complaint regarding the abandoned mobile home located across from City Hall. Petersdorf will talk to the owner. Martin said she will talk to the Fire Department about possible disposal. Martin said that the Committee has been regularly visiting the Watts property and there has been improvement.

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

Navetta presented the minutes for the May meeting of the Water Quality Control Committee when water storage on Woahink was discussed. See Exhibit D.

Petersdorf said that he would like to see the application before it is sent to the State. Ward said that during the summer the weir would retain 6 inches of the winter water level by the additional placement of a six inch board. Ward noted that the winter lake levels occur up to 18 inches higher than the normal summer time level. Ward said that Dunes City would work out an arrangement where Dr. Anderson would give the weir to the City along with an easement for access to the weir for maintenance. Howison asked if there would be some type of Environmental Impact Statement. Ward said that it would be part of the application process.

ACTION: J. Martin made a motion for approval to proceed with the application to store water in Woahink Lake. B. Petersdorf seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

Navetta reported that water quality testing had begun at selected test sites in Siltcoos and Woahink Lakes. The goal is to assure the quality of water consumed and the overall natural quality of the lakes.

E. Community Center - P. Howison

The Council reviewed Dave Brown's bid for work to the back entrance of the Community Building(cost break-down of original bid):
Polycarbonate roof with gutter . . . . $2100
Remove and replace cement slab . . $3680

It was clarified by Hickey that the Council had approved the removal and replacement of the cement slab at the April City Council Meeting. Navetta objected to the price. The Council discussed either the partial or entire replacement of the Community Building roof. Howison recommended the replacement of the back portion of the roof and the flat portion of the front roof. Hickey said that the building's front roof is deteriorating. Navetta said that it would be wise to assure that the roof is in good shape to protect the interior. Howison said that he did not want to spend money on the roof when, in his opinion, the septic system needs to be replaced. Ward said that since not all on the Council has the same opinion, he would suggest that a professional be hired to access the current system. Petersdorf said that whoever inspects the system should not be the person to replace the system if it is decided it is needed. Hickey said that the roof needs to be attended to now, since the bid process takes time and she does not want to see the work pushed back into the rainy season. Ward asked that Howison come back to the June Council Meeting with roof specifications.

F. Grants/Franchises/Licenses - S. Meyer (absent/excused)

Ward said that Meyer is to get a committee together to renew the franchise contract with PUD that expires in July. Meyer will give a recommendation at the June City Council meeting. Ward gave an update on the City Staff Job Descriptions. The Council and Staff are to review and contact Ward, Martin or Meyer with any changes. Petersdorf brought to topic that Central Coast Disposal had proposed a rate increase without notifying the City as required in the franchise agreement. Gary Darnielle will check the agreement with the City Code.

G. Mayor's Report - R. Ward

1) Ward reported that he and Petersdorf attended the Lane County Regional Road Finance Meeting. Ward said that the current funding will be in place for at least two years, but there was no guarantee that the funding would continue. Ward told the Council that he had directed Hickey to attend the Regional Manager's Meeting each quarter.

2) Snowy Plover Proposed Beach Closure - draft letter to be submitted to the Oregon Department of Parks and Recreation.

ACTION: B. Petersdorf made a motion to finalize the draft letter regarding the Snowy Plover beach closure to the Oregon Department of Parks and Recreation. J. Martin seconded the motion. There were 3 ayes, 2 nays, 1 excused. Motion carried. (Howison and Miller dissenting).

Hickey said that she and Jeannie Cerda attended a breakfast meeting hosted by KEZI. KEZI will be spotlighting the Florence area on their newscast during July 19th through July 25th, and is estimated it will reach 200,000 homes. Hickey presented two ideas to KEZI: the Siltcoos River Canoe Trail and Bob Jackson (Westlake history). Hickey asked the Council for additional ideas to be faxed to KEZI. Ward suggested the first designated Scuba Diving Park in Oregon in Woahink Lake.

Petersdorf commented on Lane County's partnership with the Florence area and objected to the closure of the Public Health Clinic. Ward said that the City could send a letter expressing the concern of the loss of service to the area.

10. Unfinished/Old Business

A. Decision on possible settlement with the Martin's regarding the culvert at Rio Road and Russell Drive.

Darnielle said that the Dave Ford (representative from the insurance company) has been out of town and the negotiation is not complete.

B. Justice Court update - Gary Darnielle

Darnielle reported that VanVactor has no problem and that an agreement can be initiated. Darnielle will talk to the City Council about enforcement procedure before formalizing the agreement with the Justice Court.

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

A. Bed and Breakfast - Steve and Mary Grant (See Exhibit E)

Ward said that the City Code does not provide for Bread and Breakfast's and therefore will not be allowed until after the Code is re-written. Darnielle said that as an option, the Grants could pay a fee to apply for a change to the zoning ordinance. Ward said that he would review the letter to be sent out to the Grants.

B. Application for Appointive Office

James Rash is re-applying for the Conservation Committee.

ACTION: R. Ward made a motion to appoint James Rash to the Conservation Committee. M. Miller seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

C. Resolution 05-13-04

A Resolution transferring funds from the General Fund Operating Contingency Grants - Planning Assistance Fund.

ACTION: J. Martin made a motion to adopt Resolution 05-13-04, a resolution transferring funds from the General Fund Operating Contingency Grants - Planning Assistance Fund. S. Navetta seconded the motion. There were 5 ayes, 0 nays, 1 excused. Motion carried.

12. Unscheduled Items Not Listed on Agenda

J. Martin said that she has started the application for the second phase of the wetland/riparian grant and will be preparing for the next public meeting.

Petersdorf asked about the status of Fish Mill Lodge's complaint. Darnielle said that Ford will interview the owner as part of his investigative procedure. Petersdorf said that there is still work that needs to be done as a part of last summer's road projects.

13. Executive Session - None.

14. Meeting adjourned at 9:10 P.M.

APPROVED BY:

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