DUNES CITY COUNCIL MINUTES
REGULAR MEETING
August 11, 2005

1. CALL TO ORDER AND ROLL CALL
Mayor Ward called the meeting to order at 7:00 p.m.
PRESENT: Mayor Ward; Councilors, S. Meyer, J. Scott, P. Howison, J. Martin, D. Robinson, and R. Petersdorf.
ALSO PRESENT: J. Hickey, City Recorder; G. Darnielle, City Attorney; C. Lewis, Recording Secretary; Lee Riechel and Susie Navetta, Planning Commission; LCAN; and several citizens from the community.

2. PLEDGE OF ALLEGIANCE
Mayor Ward led the Council and audience in the Pledge of Allegiance.

3. APPROVAL OF MINUTES - Minutes of the July 14, 2005 City Council Meeting.
ACTION: J. Scott made a motion to approve the minutes of the July 14, 2005 City Council Meeting as submitted. S. Meyer seconded the motion. There were 6 ayes, 0 nays. Motion carried.

4. BILLS OF THE SESSION
The bills of the session for July 15, 2005 through August 11, 2005 were presented for Council approval.
ACTION: J. Scott made a motion to approve and pay the schedule of bills for the period of July 15 through August 11, 2005 totaling $12,059.75. P. Howison seconded the motion. There were 5 ayes, 0 nays, 1 abstained (Martin). Motion carried.

5. RECEIPTS OF THE SESSION
Receipts of the session from July 15 through August 11, 2005 totaled $27,131.01.

6. ANNOUNCEMENTS AND INFORMATIONAL ITEMS

A. Introduction of the newly hired Planning Secretary - Teri Tinker

B. Committee Vacancies: Site Review and Conservation Committees and Planning Commission.

7. GUEST SPEAKERS/CITIZEN INPUT ON UNSCHEDULED ITEMS - None.

8. UNFINISHED/OLD BUSINESS

A. Land Use Ordinance Update: Set a date for the CCI to reconvene and finalize the revision.

It was decided that the next meeting would be August 23, 2005 at 7 PM and Councilor Judy Martin would chair the meetings.

It was also decided there would be a special City Council Meeting for September 1, 2005 with a work session at 6 PM and the Reedal Public Hearings (Variance and Infraction Hearing if needed) starting at 7 PM. Dinner will be provided.

9. NEW BUSINESS

A. Beckman's request to remove the Open Space Overlay on Booth Island. The Planning Commission has recommended to the City Council that the Open Space Overlay be removed on Booth Island.

Darnielle summarized the request and said the removal could be done by Ordinance. Darnielle said the Council had identified the overlay in the Comprehensive Plan, since Oregon Department of Fish and Wildlife was unsure of the need. Darnielle said he would draft the findings of fact, since there is no reason to have the designation. Lee Riechel said that the overlay requires a site review with almost no criteria. Councilor Howison disagreed with removing the overlay, since there are osprey nesting on the island and Howison said the island is disturbed by the loading and unloading heavy equipment. Riechel said that the Planning Commission monitors 50' of the shoreline. Darlene Beckman said the difference to her is that a $425 Conditional Use Permit is required. Petersdorf said that the Audubon Society did a bird count in 1988.

Darnielle said that LCOG can provide an aerial photo with the development overlaid, plus send out letters to State agencies as needed. Discussion will resume when the aerial photo is available.

B. Application for Appointive Office: Planning Commission.
Lee Riechel recommends to the City Council the appointment of George Burke to the Planning Commission. Mayor Ward recommended to the City Council the appointment of George Burke.
ACTION: B. Petersdorf made a motion to appoint George Burke to the Planning Commission. J. Scott seconded the motion. There were 6 ayes, 0 nays. Motion carried.

C. Audit Contract Renewal

The Council instructed the City Recorder to submit a Request for Proposals to other auditors to get a cost comparison. Hickey suggested that the Road Commission do the same for City Engineer.

9. Reports:

CITY ATTORNEY - Gary Darnielle

Darnielle summarized the list of complaints from Shawn Bedsole of Fish Mill Lodge:
· Water damage from alleged draining from an improved City street
· Contractor mismarked a small area on the Fish Mill Property when painting lines for placement of the proposed water bar. Successive attempts to remove the paint per Bedsole's request did not meet with Bedsole's approval.
· Bedsole's engineer is reviewing City Engineer's plan to correct any possibility of drainage problems.
· Waterline issue between Gunn and Bedsole. Mr. Gunn offered to move the waterline at no expense. Bedsole declined.
· Demolition by George Burke resulted in Bedsole complaining to the DEQ about health problems as a result of airborne debris. The DEQ found no lead or hazardous materials. The City will develop information to include in the building permit application advising property owner of possible hazards and the various regulating agencies.
· Bedsole complained about Burke's lot size. Burke obtained a variance.
· Bedsole complained about Burke's septic tank. Lane Co. approved the septic system.
· Bedsole complained about neighbor's dogs. Darnielle said the municipal court will deal with unleashed dogs.
· Bedsole complained about a portion of a loop street being temporarily blocked for the delivery of construction material. Darnielle said the City is developing a road closure policy. The Road Commission needs to determine what is reasonable.

Darnielle presented a memo (see Exhibit A) and discussed System Develop Charges that could be used to upgrade substandard City streets.

Darnielle said in September, the County Administrator will review the City's request to use the Justice Court.

The public hearing for the Reedal fence variance and the infraction hearing will be September 1, 2005.

The Sassi-Sinclair lien is in place awaiting a property transfer or someone else to initiate a foreclosure action. Scott asked if the fine could be on-going. Darnielle said the City could reinstitute the abatement procedure. When collecting on the lien, the City would be in second position to the mortgage lender and the value of the property should be more than enough to cover both of the existing liens.

ROAD COMMISSION/MASTER ROAD PLAN/LCOG - Robert Petersdorf

Road Commission Report - See Exhibit A.

PARKS & REC./TOURISM/CONSERVATION COMM. - Della Robinson

Robinson said the Conservation Committee will look at the Morris revegetation in the next couple of months.

SITE REVIEW COMMITTEE - Judy Martin

Martin reported that the fine of $500 per day for the Watts went into effect July 26th. Martin said that she is still determining the ownership of the Munger property. Darnielle will get the last deed of record to verify. Martin reported on the Carroll complaint where there are nine vehicles of which only two are licensed. Martin asked the Council for comments on what would be an acceptable fence/screen for hiding vehicles/debris. One comment was that the screen be solid and maintained in a good state of repair.

POLICE COMMISSIONER/SVFR/WATER - John Scott

Scott reported that the Water Quality Committee worked on cleaning up the Septic Ordinance and discussed how the acquisition of a septic database might impact the City staff. Scott mentioned the possibility of joining the Siuslaw Watershed Council for financial benefit. Also, Scott said he is looking into grant funding for snag removal in the lakes.

COMMUNITY CENTER - Peter Howison

Howison reported on vandalism at City Hall.

GRANTS/FRANCHISES/LICENSES - Sheldon Meyer

None.

MAYOR - Rob Ward

Ward said he would be meeting with Lillian Beers on Monday.

PLANNING -- Planning Report

Darnielle said the $10,000 that was designated by the City Council to process Land Use Applications has almost been used up. LCOG is processing 1 Minor Partition, 3 Planned Unit Developments, 2 Subdivisions, and 2 Variances. The applications are being tracked as to actual cost. Hickey suggested having applicants submit a deposit, and then pay the actual cost. Ward asked for a summary of what the costs are for the September City Council Agenda.

11. Public Hearings - None

12. Unscheduled Items Not Listed on Agenda

13. Executive Session - None.

14. ADJOURNMENT: Ward adjourned the meeting at 8:29 PM

APPROVED BY:
Robert B. Ward, Jr., Mayor
Christina Lewis, Recording Secretary
Sheldon Meyer, President
Judy Martin, Councilor
Robert Petersdorf, Councilor
John Scott, Councilor
Peter Howison, Councilor
Della Robinson, Councilor