Dunes City Council

M I N U T E S

March 12, 2009 - 7:00 PM

Printable file

 

City Hall – 82877 Spruce Street 97493

 

 

1. Call to Order and Roll Call

Mayor Eric Hauptman called the Meeting of the Dunes City Council to order at 7:01 PM Amy Graham, Dunes City Recorder, took roll call.

Present: Mayor Eric Hauptman, Councilor Susie Navetta, Councilor Robert Quandt, Councilor Richard Koehler, Councilor Peter Howison, Councilor Rebecca Ruede, and Councilor Jamie Mills.

Others Present: City Recorder Amy Graham, Planning Secretary Lisa Ekelund, and 10 members of the community.

2. Pledge of Allegiance

The Mayor, city council, office staff, and citizens present, joined in the Pledge of Allegiance.

3. Consent Agenda

· City Council meeting minutes from 02/12/09

City Recorder Amy Graham stated the City Attorney requested a change on the 02/12/09 minutes under page 6 under executive session. The City attorney would like the word "decision" removed and place the word "general" before the word "consensus".

Councilor Mills stated on page 1 last paragraph the word should be "told" instead of "tolled".

Councilor Navetta stated on page 4 second paragraph, she would like the sentence corrected to say, "Councilor Navetta said she attended one meeting and there was no further input from Dunes City". Councilor Navetta clarified by stating add the word "further" between "no" and "input".

Councilor Navetta stated on page 9 second to the last paragraph, she would like the word "provided" instead of "provide".

Councilor Quandt made the motion to approve the minutes of 02/12/09 as amended. The motion was seconded by Councilor Howison and passed after unanimous vote of 6 ayes and 0 nays.

· Amended Bills of the session through 03/11/09

The City Recorder said there was an error on the report. The City Recorder said net payroll is for February not for January.

Councilor Koehler asked how the fee for Mr. Larry Lewis is delegated to be on the bills of the session.

Mayor Hauptman asked Councilor Koehler for clarification on his question.

Councilor Koehler asked if the Council approved charges regarding Larry Lewis.

The Mayor stated Mr. Lewis was brought on as a planning consultant about 8 months ago.

Councilor Koehler asked if there was a committee that brought in Mr. Lewis.

The Mayor said the city attorney referred Mr. Lewis and Mr. Lewis has proved to be invaluable. The Mayor said compared to what the City was getting from LCOG, Mr. Lewis is a great value.

Councilor Koehler asked who approved the spending of funds from Mr. Lewis.

The Mayor said he approved it. The Mayor explained what projects Mr. Lewis is working on.

Councilor Mills asked which fund the attorney fees would be logged under.

The Mayor said the attorney fees are logged under different funds depending on the subject of the work.

Councilor Mills made the comment that she spoke with the City Recorder and was very satisfied with the answers she received.

Councilor Howison made the motion to accept the bills of the session.

The motion was seconded by Councilor Quandt and passed after unanimous vote of 6 ayes and 0 nays.

· Amended Receipts of the session through 03/11/09

Councilor Ruede said she understands that the cable television franchise owned by charter is under chapter 11 and asked if that would affect franchise fees.

The City Recorder said she wasn't aware of the chapter 11 and she would check into it.

Councilor Ruede said she saw communication regarding this on the mail-tracking log.

The Mayor asked the City Recorder if she knew what that communication was in regards to.

The City Recorder said she didn't know off the top of her head what the subject was on the mail-tracking log.

· Revenue expense report

4. Announcements / Correspondence

The Mayor announced the artist for the month of March and April is Francine Derus. Mayor Hauptman announced April 4th will be clean up day at City Hall and the city potluck will be held on April 11th.

5. Guest Speaker

· Lisa Lawton – Convention & Visitors Assoc. of Lane Co. OR (CVALCO)

Ms. Lawton presented the new approach Lane County is taking to have more visitors come to the area.

Councilor Koehler asked how CVALCO is working with local businesses to get the word out on Dunes City.

Ms. Lawton said there is a membership program and said the whole concept is focused towards Eugene, Cascades, and Coast. Ms. Lawton said she would be more than happy to work with Dunes City in getting the city's message out.

The Mayor asked if local resort owners have membership with CVALCO.

Ms. Lawton said the resort owners do have membership. Ms. Lawton said she receives very little feedback from the resort owners.

The Mayor called for a recess at 7:41 PM to allow the city council to go into executive session.

6. Executive Session

The Mayor called the executive session to order at 7:45PM.

· The Council held an Executive Session meeting in conformance with Oregon Revised Statutes 192.660 (2) (h), to consult with legal counsel regarding litigation.

The Mayor closed executive session at 8:28 PM and called for a 10 minute recess.

Dunes City Council reconvened at 8:38 PM

7. Reports

· Mayors Report

The Mayor said the city is working on establishing a municipal court. The Mayor said there has been discussion with the municipal court in Florence and the possibility to video conference hearing. The Mayor said one reason for establishing the municipal court is there needs to be enforcement in the collection of fines.

Councilor Koehler asked if there has been a cost analysis for this.

The Mayor stated the city is waiting for a report on costs. The Mayor said instead of hiring a judicial staff, it makes financial sense to work with Florence.

Councilor Ruede made a comment that she wants the city to proceed with extreme caution because this has to be expensive and she is not an advocate of taking on new projects right now when the City doesn't have a lot of money to expend even on the projects the City currently has.

Councilor Howison stated when this was discussed in the past, the cost of the court would be incorporated into the fines.

The Mayor said this idea is in the early stages.

Councilor Quandt stated if this is a matter of collecting money that is already owed to the City because of fines that have been levied, then this is not a matter about something the City needs to expend. Councilor Quandt said this is a matter of enforcing the code provisions and getting the money that is due. Councilor Quandt stated this should be considered a revenue source and not an expenditure.

Councilor Mills stated that you can't get blood from a turnip. Councilor Mills stated she didn't know the circumstances beyond each of the fines that are outstanding. Councilor Mills stated that she imagined the City could be forcing bankruptcy on some people.

Councilor Howison gave an example of a developer who actions contributed to some erosion problems and the Council fined them $10,000. Councilor Howison stated the City had no way of collecting that fine.

Councilor Mills said she is guessing the costs are only passed on in the event that party loses. Councilor Mills question what happens if the City loses

The Mayor said there is an appeal process and the City bills the people and if they don't pay then the City is able to send the person to collections. The Mayor said the court is a vehicle for appeals.

Councilor Mills pointed out that if the City loses, then the City has to pay the court costs.

Councilor Quandt stated this is under the assumption that everyone who gets fined is actually innocent and the fines are invalid. Councilor Quandt said the City only has to determine the correct times to fine people so the fines are valid. Councilor Quandt said therefore, the City would be enforcing the City's laws and receiving the payment for the fines. Councilor Quandt said this seems simple.

The Mayor stated that prior council assessed 99% of these fines so it's not as if the City is coming in fining people. The Mayor said most of the fines came from what it cost the City to remedy.

Councilor Mills asked if the people are still alive and viable.

They Mayor said the City hasn't checked the obituaries lately. The Mayor said if the City can't collect the fines, then why bother having ordinances that state fines.

· A report was given by Councilor Navetta on behalf of the Communication and Education Committee and Community Center (see exhibit A)

The City Recorder stated she spoke with Oregon Linen. The City Recorder said if the City cancels the rug cleaning service, the rental fee for the towel holders would not be charged as long as the City purchases the paper from Oregon Linen.

· A report was given by Councilor Howison on behalf of the Conservation Commission (see exhibit B)

Councilor Ruede read from the City's newsletter stating she had heard from 3 different citizens who stated they felt some of the language was threatening.

Councilor Howison stated the Conservation Committee asked Mr. Bellemore to write the article that Councilor Ruede read. Councilor Howison stated there are reasons why the City protects the shoreland and it is a challenge.

Councilor Navetta stated the purpose of the article in the newsletter was to educate the citizens.

· A report was given by Councilor Ruede on behalf of the Parks and Recreation Committee (see exhibit C)

· A report was given by Councilor Quandt on behalf of the Road Commission (see exhibit D)

· A report was given by Councilor Mills on behalf of the Site Review Committee (see exhibit E)

Councilor Mills stated in regards to the revenue committee that an application has been made for the CARE grant in regards to environmental assessments of risk. Councilor Mills stated it is called the Dunes City Whale Program.

Mayor Hauptman stated staff had given a report regarding abatement action in regards to the Atkeson property. The Mayor recommended the Council issue the abatement order. The Mayor mentioned Councilor Howison would like the soil and water conservation district to present recommendations and the City has 14 days from approval to do this. Council Navetta stated there are too many variances.

Councilor Navetta stated this has nothing to do with need but rather it has to do with greed. Councilor Navetta said the structures need to be removed and all those things don't belong in that environment.

Councilor Koehler concurred with Councilor Navetta. Councilor Koehler stated it's setting a precedence and the city should not include variances.

Councilor Howison spoke of the opinion of the pros and cons of leaving the structure. Councilor Howison stated the importance of having an expert opinion.

Councilor Ruede concurred with Councilor Howison and stated the planning staff has worked diligently. Councilor Ruede stated the planning secretary accurately documented everything. Councilor Ruede stated she was inclined to go with the recommendation of the staff.

Councilor Quandt stated he believed the staff has come up with a solution that has a process and he is inclined to follow it. Councilor Quandt said he was concerned that the removal of the structures would cause more damage than just leaving them there.

Councilor Mills concurred with the staff report. Councilor Mills read article 5 of the Bill of Rights. Councilor Mills read The Armstrong Policy. Councilor Mills stated that this would constitute a takings and Dunes City would find itself having to pay the guy.

Councilor Howison stated that the Council shouldn't argue the legality of this because no one the Council is a lawyer. Councilor Howison said these were illegal structures, the City has the authority and as long as they go through due process, which the nuisance ordinance provides for due process, the Council can make a decision. Councilor Howison said he believes the Council is prepared to have the staff move forward, have a more scientific person give the City a recommendation that can be part of this process as to mitigation.

Mayor Hauptman stated this does not need a vote as it is an administrative issue. The Mayor stated the planning secretary did a great job on the report and that she backed up every position with either ORS statutes or Dunes City statutes. The Mayor said he understands Councilor Navetta's view, as there are many variances. The Mayor said the issue is how to mitigate the issue with the least amount of damage to the environment. The Mayor stated he firmly believes taking out all of the structures would create more damage to the area. The Mayor told the City Recorder to proceed with the nuisance abatement procedure.

Councilor Howison stated he would like to make the suggestion that the Council direct the City Recorder to proceed with the nuisance proceeding.

The Mayor directed the staff to move forward with the abatement.

· A report was given by Councilor Koehler on behalf of the Water Quality (see exhibit F)

· A report was given by Lisa Ekelund on behalf of the Planning Department (see exhibit G)

8. New Business

· Council discussion on amending the Nuisance Ordinance #176

Council discussed amending the Ordinance #176 to incorporate the Conservation Committee where appropriate.

9. Unfinished / Old Business

· Committee Appointments

Councilor Howison made the motion to appoint George Burke to the Ordinance Review Committee. The motion was seconded by Councilor Ruede and passed after a vote of 6 ayes and 0 nays.

Mayor Hauptman asked for vote on appointing Councilor Howison as Chair of the Ordinance Review Committee. The vote passed with 6 ayes 0 nays.

Councilor Quandt made the motion to appoint Councilor Mills as Chair of the Revenue Committee. The motion was seconded by Councilor Howison and passed after a vote of 6 ayes and 0 nays.

The Council reviewed applications from John Stead of 83505 South Cove Way, Ralph Farnsworth of 83827 HWY 101, Robert Read of 5020 Ford Way, and Mary Jane Bielman of 83262 Dorothy Lane to become members of the Revenue Committee.

Councilor Howison made the motion to appoint John Stead, Ralph Farnsworth, Robert Read, and Mary Jane Bielman to the Revenue Committee. The motion was seconded by Councilor Ruede and passed after a vote of 6 ayes and 0 nays.

The Council reviewed an application from Judy Johnson of 82824 Ocean Blvd., to become a member of the Conservation Committee.

Councilor Navetta made the motion to appoint Judy Johnson to the Conservation Committee. The motion was seconded by Councilor Howison and passed and after unanimous vote of 6 ayes and 0 nays.

· Stormwater Ordinance discussion

Mayor Hauptman explained the corrections and procedures to amend the Stormwater ordinance.

Councilor Quandt said the Roads Commission is going to review the ordinance at their April 20th meeting and will present any recommendations they may have.

10. Unscheduled Items Not Listed on Agenda

Mayor Hauptman said the items that came to his attention are money along with AARA. The Mayor requested Councilor Mills explain AARA.

Councilor Mills asked if the Mayor was referring to the clean water money revolving fund.

The Mayor clarified what he wanted Councilor Mills to discuss.

Councilor Mills said she received an email from office staff stating the City had an opportunity to receive stimulus money through a clean water grant program. Councilor Mills said the deadline for this grant application is Monday (10/16/09).

Councilor Mills said she researched this grant and because of the conversation she had with Councilor Howison around Christmas time, she noticed some of the grant money is available for acquisition and of property for placement of conservation easements on land that may be considered to be beneficial to maintain water quality. Councilor Mills said this would be a loan, not a grant. Councilor Mills said the people providing the loan would pay 75% and the City would be responsible for the remaining 25%. Councilor Mills said the 25% could be done in a number of creative financing ways.

Mayor Hauptman asked the City Recorder when she received this information.

The City Recorder said she received the email a couple of days ago and as soon as she received it, she forwarded the email to Council.

The Mayor clarified the deadline. The Mayor said it would have been nice for LCOG to get this information to us a little sooner.

Councilor Quandt stated he's noticed a trend in receiving information such as this, late from LCOG.

The Mayor asked if this venture is viable.

Councilor Mills said she would be willing to use her weekend in getting the application completed but she would like some help with it. Councilor Mills asked Councilor Koehler if he had time to work with her.

Councilor Koehler said he was out for the weekend.

Councilor Mills asked if Councilor Howison was available. Councilor Mills said the application is about 26 pages. Councilor Mills stated the application consisted of questions and answers. Councilor Mills said her biggest question is if Dunes City applies, then how would the city pay the other 25%.

The Mayor asked if the application requires an explanation of how we would pay the 25%.

Councilor Mills said yes.

Councilor Howison said he would be available on Sunday.

Councilor Ruede asked if the City has something in mind for the project.

Councilor Mills said there was talk of a particular piece of property. Councilor Mills said sometimes the value is donated by the property owner because the property owner needs a tax write off to balance out the capital gains.

Councilor Ruede said she would like to recommend the City go ahead and work on this. Councilor Ruede said even if the City is successful, the City could change its mind and not accept it.

Councilor Mills said she would call Councilor Howison.

The Mayor stated he received an email from Ernie Roblan. The Mayor said Mr. Roblan is looking at possible projects to consider for State funding for the 2009-2011.

Councilor Navetta said she believes the City needs to do some goal setting.

Councilor Quandt said the Roads Commission is in the process of defining future projects and once they are finished, it will be a lot easier to fill out the grant requests quickly.

 

11. Citizen Input on Unscheduled Items

Ralph Farnsworth 83827 HWY 101

Mr. Farnsworth said he is appalled that the City has taken no action on funds deposited in Oregon Pacific Bank. Mr. Farnsworth stated that he can't believe Dunes City staff wasn't given clear instruction to protect the excess amount over what the FDIC guarantees.

Mr. Farnsworth stated that the bank has also dropped their interest rates.

The City Recorder said she spoke to Siuslaw Bank. The City Recorder said she is in the process of doing more research.

12. Adjournment

Councilor Quandt made the motion to adjourn. The motion was seconded by Councilor Mills and passed after unanimous vote of 6 ayes and 0 nays.

The meeting adjourned at 10:16 PM

 

 

=====  [reports]  =====

 [back]

Communication and Education Committee Minutes - February 16, 2009

 

The folding of the newsletter took place on February 16th. Committee members April Dumas and Susie Navetta were present. Linda Ash was absent. The volunteer folders were Dave Bellemore, April Dumas, Dave Dumas, Judy Johnson, Anne Kelly, Natalie Madden, Susie Navetta, and Jo Owen. This process alone takes almost 30 hours.

Writers for the newsletter were David Bellmore with an article on Keeping the Shorelands Intact. April Dumas wrote on Helping Nature Compost and Do NOT Feed the Animals. Councilor Richard Koehler presented articles on the State of the Lakes and Taking Part WQC. Editor Susie Navetta designed her articles around committee responsibilities in Who's Who, On February 17, 2009 , 638 copies of the newsletter were sent out with a survey card attached for communication with the residents. Ralph Farnsworth and Richard Koehler were responsible for printing the survey cards.

Councilor Richard Koehler designed the newsletter and made arrangements with On the Coast Printing, contacted the Florence Chamber and posted the newsletters. Webmaster Richard will be placing the current newsletter on the website soon.

Susie Navetta, chairman  

March 2009 Community Center Report  

 [back]

To cut costs:  

Half time cleaning – will cost $10 more per time    City Recorder Amy Graham sent a letter to the cleaners to establish every other week cleaning.  

Removal of towel service ($40 per month) – Amy will check for holders Cash King and Bi-mart.  

Use press releases instead of the classified ads when possible – The City is using as many Press Releases as possible saving the cost of an ad.  

Save on paper by using the note council books – Councilor will use their council books and the staff will start printing on two sides when possible.  

Phone for the Road Inspector - suggestion was made to Rob Quandt, Road Chair to obtain a “GO” phone at a lower rate.  

To upgrade:

Install chair rails for the main meeting hall to save painting and maintenance

Digital recorder

Security System Up-grade

Light over guest speaker  

If you have a suggestion for saving money, pertaining to the Community Center, please

Susie Navetta 997-9786 or <snavetta@hotmail.com>.  

Grounds clean up April 4th - 10:00 AM

 

 

 

Draft Minutes  February 24, 2009

Dunes City Conservation Committee  

 [back]

Present:   Peter Howison   David Bellemore         Absent:    James Rash

Fred Hilden      Cynthia Chandler                          David Dumas

Minutes of January 14, 2009 were Approved ...... motion by Chandler and 2nd by Hilden . Review and discussion of committees' process in handling complaints. All agreed on following:

At notice of a complaint, staff or committee member will gather packet of information about property i.e. map of lot, topo, copy of complaint, pertinent history, etc....packets go to the committee members.

      Meet at City Hall to review complaint. Identify person to write report.

      Site Review ...make sure there is a camera...

      Return to City Hall for discussion and consensus on details for our report and recommendations for the Planning Commission or City Council.

      Report generated and draft sent to all members for comment.

      Important to have all members sign off on final report that goes to Staff.

Status Reports on previous properties:

An overall concern on all properties and a frustration is that we, as a committee, feel out of the loop, in regard to feedback on actions taken by the city on the complaints we address. It

was agreed that Howison would talk with the staff about us receiving more information.

      Friends: Site plan has been presented.... spring planting planned....need re-vegetation plan, the CC offers to assist / consult in generating a plan.

      Ocean Blvd: Agreed upon plan is being initiated... follow up visit when complete.

Russell Drive : Revisit to property showed compliance with barking and natural re-growth. This 10ft. infringement into the Shoreland area should not have happened. We

need to DOCUMENT better. •  Jenson Lane: No update.

      Atkeson: No update.

      Kerrigan: Landowners are to remove certain limbs per report. Revisit in a year.

Education Efforts:     Discussion of doing a mailing of a postcard with 4 or so main points regarding stewardship of our lakes, Howison and Hilden to work together on this project. It was also noted that the newsletter articles could go to the newspaper.

Next meeting April 2, 2009 @ 2:30 Dunes City Hall .

Cynthia Chandler

Conservation Committee Member  

 

 

 

Parks and Recreation Commission Report for February 12, 2009 Rebecca Ruede, Chairperson

 [back]

The minutes of the previous meeting dated January 13, 2009 were approved and filed with the city recorder.

We have $4,000.00 left in this fiscal year's RURAL TOURISM MARKETING PROGRAM (RTMP). These funds are funneled from Lane County to promote tourism in rural areas.

We plan to participate with the April 40th clean up scheduled for City Hall.

We looked at photos of our existing parks, BYRD PARK , PETERSDORPH PARK AND THE OVERLOOK PARK and discussed needed repairs.

We discussed the need for a central gathering area for community. Targeted areas discussed were

1.  City hall

2. The overlook

3. Lane County 's dock area

Discussion included looking at how much area could be reclaimed by brush removal in the City's parking lot and approaching adjacent land owners regarding their interest in giving input to the City's long range planning.

The Commission will hold 4 regular meetings per year and call work parties as needed. The next regular meeting of the commission is scheduled for April 16th 2009

Meeting Minutes

Dunes City Parks and Recreation Commission February 19,2009  

1. Call to order and roll call

Chair Rebecca Ruede called the meeting of the Parks & Recreation commission to order at 7: 10 pm .

Present: Rebecca Ruede., Tracy Quandt, Mimi Tizzard

2. Approval of minutes dated January 13, 2009

Tracy Quandt moved to approve the minutes from the January 13., 2009 Parks & Recreation Commission meeting and Mimi Tizzard seconded the motion. The motion to approve the minutes passed unanimously. Rebecca will forward them to Richard Koehler for posting to the website.

3. Reports from committee members a. Tracy Quandt

$4000 in 2008 Roads budget available for walking & biking trails. May only be available until June when the 2008 budget expires. Decided to explore possibility to extend walking trail from River Overlook. Tracy will research;. Rebecca will discuss legal requirement$, liability & process with Lane County Economic Development Director.   If appears feasible, we will schedule a work group meeting.  April 4th City Hall clean-up.  All 3 commission members present agreed to participate. Mimi" mentioned we need to bring our own tools and sack lunch. Drinks are usually provided Mimi suggested

inviting the community and Rebecca said she will put an ad in the paper.

• Amy Graham investigated liability issue around kayak hand launch and that as long as there was no charge for usage we would not be required        Provide handicap access. Commission discussed need may be limited to cleaning up area on right side of dock and decided to visit site.

• There may be another city park on Little Woahink Circle. Tracy will visit area.

b. Roberta Dalbeck - not present c.            Mimi Tizzard

Has not received any additional information from John Scott. Does not expect any to be forth coming.

Spoke with her sister who Kayaks about hand launch. She does not see value in an elaborate launch, Simply looking for a soft, clean water entry to limit damage to bottom of boat.

Mimi will be out of town all of March d. Richard Koehler - not present

e. Rebecca Ruede

Met with Commissioner Fleenor and discussed intergovernmental agreement between Dunes City and Lane County . Rebecca was provided with 2 names of people in Lane County familiar with Dunes City parks and who could negotiate i ntergovernmental agreement. Commissioner Fleenor is very supportive if this effort.  Rebe %. a wil contact (Michael  PC Vahr, Economic Development Department and Todd Winter) and discuss parking passes, taking over private property donations from citizens., currently designated Dunes City parks and advice on establishing walking trails.   

Visited Petersdorf & Byrd parks. Concerned , about electrical boxes and well that may be hazards at Byrd park. Byrd park also needs some clean-up / maintenance.

      River overlook nee  ds some additional amenities to make it a draw for community. Commission discussed desire to create a central gathering area for Dunes City . County dock area or open lot near River Overlook may be good candidates. Discussed approaching owner of open lot adjacent to Dunes. City Hall parking lot near River Overlook and look at how much area might be claimed by clearing brush at end of parking lot.

4. Old Business

a. Goals for 2009 and meeting schedule

• Will defer setting goals until entire commission is present.

Discussed continuing with 4 regular meetings per year and scheduling additional          

work meetings as needed. Set next meeting for April 16th

Mimi offered to place reminder calls prior to each meeting.

b. Survey and Website - will discuss at next meeting

5. New Business

a.         Work day at City Hall - a, 11 present agreed to participate.

6.      For the good of the commission

7. Adjournment - meeting adjourned  at 8:07 pm .  

 

 

DUNES CITY ROAD COMMISSION March 12, 2009 Council Report

 [back]

The Roads Commission is making progress in the reorganization of the department. Step one in this process has been the Pavement Management system that quantifies the maintenance needs of our road system and allows decision makers an objective view of the needs of our street system as a whole. This will also allow citizens a five-year view of the maintenance schedule and the methodology behind the choices being made.

The Commission is also beginning to work on the 2009-2010 budget. Last years budget had the City spending most of our roads fund surplus $408.000 on a limited number of streets without thinking about the needs of the system as a whole or the financial position this would leave us in the following year. Thankfully Mayor Hauptman required this project to be put out for bid as required by law. To make a long story short, we now still have this revenue available to us to be used in a more affective and efficient five­ year plan. We have lost the timber payments to the roads fund so we would have been left in a very bad financial position this year if we had left ourselves with no surplus at a time when revenues have been cut in half. The goal of the Roads Commission is now efficiency and transparency.

The Roads Commission Is continuing to pursue stimulus funding however as of today the ODOT criteria leaves out the classification of roads that Dunes City contains. We will keep updating as we move forward.

Robert Quandt

Roads Commission Chair  

 

 

Site Review  Committee Report - March 2009

 [back]

2/12/2009       The Conservation Committee chairman recommended at the Dunes City Council that the Atkeson property matter be referred to the Site Review Committee for nuisance determination and action. The Council voted to do that referral.

2I17/2009         Jamie spoke with Amy Graham at Dunes City . She said that the posts on the May property had been removed from the right-of-way.

2/19/2009          Jamie spoke with David Petersen, 5366 Buckskin Bob Road . He said he still had over b vehicles on the property plus the 1957 D500 International Track Hoe with Front End Loader. He said he had plans to have two of the vehicles hauled off to the dump in 'the next "week or so". Jamie asked if he sold the vehicles and he said his hobby is to fix up old cars and sell them. Jamie told him that since the property is located on the lake, the main concern is the leaking of the petroleum products into the ground that would ultimately leach into the lake. Jamie asked about the 25' and SO' setback condition. He said it is mostly blackberry and salal and other brush.         He said two trees had blown down this last winter.           Jamie asked if it was possible to put tarps or cardboard or same other material under the vehicles to stop any leaks from getting onto the ground and leaching into the sail. He said he would-be happy to do that.

Since there is no written complaint regarding this property, the committee will need to decide how to proceed.

2/312009       On 2/20/2009, Jamie received a cashier's check made payable to Dunes City for $7,000 in the mail from Lisa D. T. Klemp, attorney for Laura watts, together with a cover letter dated August 2, 2007 (?) explaining that she had sent the "Agreement and Acknowledgement of Receipt" to Mr. Boyter for execution and delivery directly to Dunes City. Jamie hand-delivered the check and letter to Lisa Ekelund at Dunes City .

2/25/20098    Site Review Committee formally met and discussed the status of pending nuisance complaints. The executed Agreement and Acknowledgement of Receipt was received by Dunes City , meaning that Mr. Boyter, new owner of the North Pioneer property, has 90 days within which to do the clean up of the property and correct the nuisance violations. If he should fail to do that within that time frame, Dunes City is granted permission to cash the cashier's check and abate the nuisances.

Recommendation was made that the Peterson property nuisance, since it potentially affects water quality and riparian health, be referred to the Conservation Committee for further action. Jamie will discuss the matter with Chairman Howison.

Also, some review of the Atkeson property file was done at the meeting, but other commitments required adjournment of the meeting before full review and discussion could be done. The committee members will each go in to Dunes City and review the remainder of the file on their own time before the next committee meeting.

2/26/2009      Both David Dumas and Debbie Pasternak drove by the Boyter property and indicated to Jamie via email that it did not appear that clean up had started.

  [back]

SITE REVIEW COMMITTEE NUISANCE DETERMINATION MARCH 12, 2009

TO:      Dunes City Council               RE:      Atkeson Property  

Map & Tax Lot #19-12-27-40-02200

The Site Review Committee has had an opportunity to review the file regarding the above-referenced property and alleged nuisance violations thereon. After due deliberation and discussion, the findings of the Site Review Committee are as follows:

1.         With regard to the construction of a gazebo within the 50 foot setback of Woahink Creek: a violation of Dunes City (DC) Code 155.2.6.600(A)(1) has occurred, and therefore a nuisance has been determined to exist pursuant to DC Code 155.999.

With regard to the construction of the gazebo:      a violation of DC Code 151.020 has occurred in that no permit was obtained prior to the construction of said 352 square foot structure. DC Code does not provide for a violation of the provisions of Chapter 151 to be declared a nuisance unless the City Council specifically declares the same pursuant to DC Code 91.10(B). The Site Review Committee recommends the City Council declare a nuisance to exist pursuant to that section of DC Code.

With regard to the construction of the bridge that is 12' x 25' in dimension: a violation of DC Code 155.2.6.600(A)(1) has occurred, and therefore a nuisance has been determined to exist pursuant to DC Code 155.999.

4.    With regard to the construction of the 12' x 25' bridge, a violation of DC, Code 151.020 has occurred in that 'no permit was obtained prior to the construction of said bridge.  DC Code does not provide for a violation of the provisions of Chapter 151 to be declared a nuisance unless the City Council specifically declares the same pursuant to DC Code 91.10(B). The Site Review Committee recommends the, City Council declare a nuisance to exist pursuant to that section of DC Code.

With ith regard to the construction of the bridge that is 7' x 37' in dimension: a determination has been made that the same is a water dependent and water related use, which constitutes an exception as designated in DC Code 155.2.6.500.

6.         With regard to the construction of the 7' x 3 7' bridge, a violation of DC Code 151.020 has occurred in that no permit was obtained prior to the construction of said bridge. DC Code does not provide for a violation of the provisions of Chapter 151 to be declared a nuisance unless the City Council specifically

declares the same pursuant to DC Code 91.10(B). The Site Review Committee recommends the City Council declare a nuisance to exist pursuant to that section of DC Code.

7.         With regard to the installation of a fence within the 50' setback of Woahink Creek: a violation of Dunes City (DC) Code 155.2.6.600(A)(1) has occurred, and therefore a nuisance has been determined to exist pursuant to DC Code 155.999.

With regard to the installation of paving blocks within the 50' setback of Woahink Creek: a violation of Dunes City (DC) Code 155.2.6.600(A)(1) has occurred, and therefore a nuisance has been determined to exist pursuant to DC Code 155.999.

With regard to the removal of native vegetation and installation of non-native lawn grasses: a violation of Dunes City (DC) Code 155.2.6.600(A)(2) and (3) has occurred, and therefore a nuisance has been determined to exist pursuant to DC Code 155.999.

10.       The Site Review Committee also finds that a potential violation of DC Code 154.05(A) regarding Erosion Control exists in that the gazebo, which is located within close proximity to the banks of the creek, has no mechanism by which runoff from the roof can be diverted to avoid potential soil erosion into Woahink Creek. While not appearing to be a nuisance at this time, the Committee makes recommendation to avoid future potential nuisance findings as delineated herein below.

Nuisances having been determined, the following abatement actions are recommended:

1:    Owner is to apply for and obtain a variance to leave 'the gazebo in place;

2:    Owner is to apply for and obtain a variance to leave the larger bridge in place; 3.            Owner is to apply for and obtain permits for the construction of the gazebo and both bridges;

4.    Owner is to apply for a variance to leave the fencing in place;

5.    Owner is to remove the paving blocks and non-native grass located within the 50' riparian setback, being careful not to disturb the wetland and riparian area any more than necessary;

6. Owner is to consult with the Siuslaw Conservation District or the Siuslaw Watershed Council to design a re-vegetation plan and to re-plant the 50' setback area with native vegetation including, but not limited to, those species identified in Attachment C. to the Dunes City Comprehensive Plan.

7. It is recommended that Owner install a gutter and water diversion system on and around the gazebo structure to divert runoff from the roof of the gazebo to an area outside the 50' riparian area setback.

The Site Review Committee recommends that the Dunes City Council direct the City Recorder to post and send Notice to Abate pursuant to DC Code 91.25.

The Site Review Committee further recommends that Dunes City impose a fine to be paid by Owner in an amount sufficient to cover actual costs incurred by Dunes City in the investigation and consideration of this matter.

Respectfully submitted this 5th day of March, 2009.

Jamie Mills, Chairman Site Review Committee

VOTE:

AYES:             DAVID A. DUMAS, DEBBIE PASTERNAK NAYS: None

ABSENT:       LINDA ASH  

  [back]

 

Water Quality Committee

MARCH

Richard Koehler, Chair

 [back] 

 The Water Quality Committee met February 5th of last month - the first Thursday of the month last month to discuss;

            The Quality Assurance Project Program

            Weed growth on the lakes

            Grants for funding

            Interagency cooperation

            Member attendance

            and the review of the Septic maintenance ordance.

Moving forward to find solutions to present and future problems is the committee's goal.  With the help of Revenue committee chair, Ms Mills, we completed the application for an EPA grant before you.  I would like this sent out with your suggestions / approval.

 

 

 

DUNES CITY COUNCIL PLANNING DEPARTMENT STAFF REPORT March 2009  

 [back]

The last planning commission meeting was held on February 26, 2009 where the commission made the decision to follow the Conservation Committees recommendation regarding a vegetation tree removal permit request on property 19-12-15-40-02500 located at 5074 Ford Way .

The commission also discussed future plans to review and update Dunes City Codes with planning consultant, Larry Lewis.

In the month of February, Dunes City issued 2 electrical permits, and 5 building permits.

The planning department has been working on the review of documents involved with Woahink Ridge PUD application numbered PUD 01-05.

 [back]

###