Title: April13, 2004
Author: Dunes City
Last saved by: Richard

MINUTES
DUNES CITY COUNCIL
SEPT 11, 2008 - 7:00 PM
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 7:02pm.  Amy Graham, Dunes City Recorder, took roll call.
 
Present:	Mayor Eric Hauptman, Councilor Gerald Curran, Councilor Peter Howison, Councilor Richard Koehler, Councilor Susie Navetta, Councilor, Councilor Bob Petersdorf, and Councilor Robert Quandt.

Others Present:  City Recorder Amy Graham, Planning Secretary Lisa Ekelund, City Attorney David Allen of Macpherson, Gintner & Diaz, and 45 members of the community.  

2.  Pledge of Allegiance

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

3.  Consent Agenda

	A.  City Council meeting minutes of 08/14/08

Councilor Petersdorf moved to accept the minutes of 08/14/08 and Councilor Curran seconded the motion.  After unanimous vote the motion passed.

	B.  Bills of the Session through 09/04/08

	C.  Receipts of the Session through 09/04/08

Councilor Quandt made the motion to accept both the bills and receipts of the session of 09/04/08.  Councilor Navetta seconded and after unanimous vote, the motion passed.

4.  Announcements / Correspondence

A.  The audit for 2007-2008 has begun.  The City is using the same company   it used for the 2006-2008, audit.

B.  KCST and the Florence area Chamber of Commerce will be conducting a meeting regarding elections next month.

C.  A couple from Dunes, France visited City Hall during the week to offer good tidings.  Their cities population is also 1200.  Both Cities of Dunes hope to remain in contact as “sister cities”.

5.  Guest Speaker

Mayor Hauptman introduced Keith Garvey who is a volunteer with CERT (Community Emergency Response Organization) who spoke in regards to the community emergency response system and “map your neighborhood” to organize and plan for natural disasters and events.

6.  Citizen Input on Unscheduled Items

Bill & Judy Johnson – 82824 Ocean Blvd. 

Mr. and Mrs. Johnson came to address a parking situation on their street.  They said they have been residents of Westlake for 10 years and have owned properties in the Dunes City area for 20 years.  They explained the lack of parking but in the past, they have parked across the street in the public right of way with the understanding that it was not legal.  They state the parking has not been abused until recently.  The result was no parking signs have been put up.  Now people said they found a loophole to this by requesting a public access permit.  Now that they have received these permits, they are paving a parking area the size of a small parking lot.

Councilor Howison asked the Johnson’s, who came up with the loophole.  Mr. Johnson said Councilor Petersdorf told them about it.  

City Recorder, Amy Graham passed to the council, color photographs of the paving.

Craig McMicken – 5405 Huckleberry Ln.

Mr. McMicken came to inform the town of the Heceta Head Coastal Conference at the Florence Events Center on October 25, 2008 and invited all to attend.

Mark Chandler – 4934 Lakeshore Dr.

He spoke of the DEQ 1200 Z permit for Foglio Trucking Co.  He requested that the city submit the list of comments he handed out.  The comments were mostly minor clarifications.

Councilor Koehler commended Mr. Chandler for his good work.  

Councilor Koehler moved to include the comments to the DEQ for the Foglio Trucking Co permit and councilor Howison seconded.  After unanimous vote, the motion carried.

Jean Stroud – 82836 Ocean Blvd. Dunes City, OR

Mr. Stroud stated he wasn’t aware there was a parking problem, but would define it as a parking issue.  He gave a history of parking events in the past.  He said he applied for a parking permit after the No Parking signs were posted.  He received the permit from Councilor Petersdorf and then there was a stop work order issued.  He said he disagrees with Mr. Johnson’s comment that this is a large parking lot.  His closing comment was that he felt there should be a prescriptive easement.

Lois Wilson – 84444 Greengate Rd.

She said she is also speaking for her husband, Jack.  She is in support of the City’s assistance with the matter regarding Greengate Rd.

Gary Dietz - 84467 Greengate Rd.

He said he is also speaking for his spouse.  They are in support of the City intervening and letting the courts decide the issue.

Julia Craig – 84463 Greengate Rd.

She said she is also speaking for her spouse.  They are in support of the City intervening and letting the courts decide the issue.

George Hawes - 5701 Lakeview Dr.

He spoke of his driveway permit.  He said whatever measures are needed to get the driveway in place he is willing to do them.

Councilor Petersdorf said there is a misunderstanding as to which driveway was approved.  

Mayor Hauptman stated it would be cleared up when the Planning Secretary gives her report.

Councilor Navetta presented Mr. Hawes with the Erosion Control Ordinance.

7.  Unfinished / Old Business

Greengate Road – City Attorney David Allen of Macpherson, Gintner and Diaz spoke of Greengate Road.  He said since the matter started evolving, some of the property owners have hired an attorney to represent them.  Today, some of the various property owners filed a formal complaint at the Circuit Court in Lane County.  Their attorney is keeping Mr. Allen informed.  He also spoke of a possible motion to intervene.

Councilor Petersdorf asked who would be responsible for paving the road if it were deemed public.

In answer to Councilor Petersdorf, Mr. Allen explained the various degrees of “rights of ways”.  He said the issue in court is not about the road maintenance, but rather if it is a public right of way and, do the residents have the rights to use the road.  If so, then they question if the gate creates a public nuisance.

Councilor Curran said he believes the City should back up the people and their freedom to access the roads.  He said he believes the City needs to remind the citizens that the City stands behind them.

Mayor Hauptman agreed with Councilor Curran.

Councilor Quandt moved to authorize Mr. Allen to make a motion intervening at the appropriate time and Councilor Howison seconded.

Councilor Quandt amended his motion to change the word “make” to “file”.
Councilor Howison seconded the amendment to the motion.  After unanimous vote, the motion carried.

Budgeted Roadwork – Mayor Hauptman said there needs to be more specifics as to what is being done regarding chip sealing.  He said the issues need to be identified and the specs need to be submitted.  He said they need to put this out to bid.

Skeele / Atkeson / Ternyik report – City Recorder, Amy Graham said she received a call from Mr. Ternyik who stated his report was not ready.  He also said it was discovered Mr. Atkeson has an easement to access his property through Mr. Skeeles property.

8.  New Business

Ocean Blvd. - Councilor Howison asked the Mayor to ask if Councilor Petersdorf handed out the permits in question outside of City Hall and Councilor Petersdorf said no.  He said it was done through the road commission.  

Councilor Howison reiterated, asking if Councilor Petersdorf gave out the permits as opposed to going through the city staff.  Councilor Petersdorf said through his interpretation, he has the authority to issue permits.

Councilor Quandt read from ordinance 149 and the master road plan passed 08/08/96 stating the appropriate steps to permitting.

Councilor Howison asked where the loophole was and Councilor Petersdorf told Councilor Howison to read the MRP.

Councilor Howison noted the area being paved is in the riparian area.  He said proper permitting through the Planning Commission should have taken place.  He then quoted the minutes of the 08/18/08 meeting of the roads commission meeting.  He said the staff needs to be aware of the permitting.

Councilor Quandt said if procedure were followed this would not have been a problem.  He then quoted procedures from the MRP.  He said an access permit is the permit that is used for a driveway apron.  Councilor Petersdorf stated that what is being done is a driveway apron.

Councilor Navetta said she listened to the last meeting of the Road Commission meeting and that she feels it should be heard by council.

Mayor Hauptman said the citizens requesting these permits were misled by Councilor Petersdorf.  He said the city will now incur costs to reverse the decision of Councilor Petersdorf.

The city attorney addressed specific ordinances regarding the issue.

Mayor Hauptman said the ordinances and resolutions need to be updated and the council needs to commit to work sessions.

Dave Persons - 4982 Ford Way from the road commission said he was one of the members who voted to approve the apron that went on the property.  He believes the city is painting them as scapegoats.  He said it is a no brainer that the property is within the riparian area.  He said he was with the understanding an 8’ apron would be placed. He said he had no knowledge there was going to be an asphalt RV pad and he clarified it was to be for a temporary parking apron.  He said he voted on what he thought was happening.  He even said it was specified there would not be any RV’s parked in the area for extended periods of time.

Councilor Curran asked if Mr. Persons was provided the drawing that came along with the permit that showed the parking pad.  Mr. Persons looked at the drawing and said he was not provided that document and that he’s never seen it.

Mayor Hauptman adjourned at 9:16 pm for recess.  The meeting was called to order at 9:35 pm.

The council discussed updating and revising the permit forms.

Woodland Lane – Councilor Navetta said she attended a meeting regarding Mrs. Sandoval and her trench.  What concerns her is several people have been given amnesty and do not have to pay for their permit as Mrs. Sandoval was required.

Councilor Petersdorf said Jan Sandoval came to the road commission because she wanted to run a line down Frances Bay Lane.  Councilor Petersdorf issued the permits.  Mr. Ken Gregger wanted all of the lines moved back into the right of way and off his private property.  A meeting was held to discuss this.  Councilor Petersdorf said he only recommended to approve amnesty to the road commission.  He also said he recommended to give a refund to Mrs. Sandoval.  

Councilor Navetta asked if the people received amnesty or not.

City Recorder, Amy Graham said there were permits logged and fees were waived. She also stated Councilor Petersdorf told her Mrs. Sandoval would not get a refund as she has not been there as long as everyone else.

Mayor Hauptman said the waiving of fees need to be approved by council.

Councilor Navetta read from the 8/18/08 road commission minutes regarding amnesty.

Resolution 9-11-08 (B) Resolution Transferring funds from the Money Market account to the Checking Account - Councilor Quandt moved to accept Resolution 9-11-08 (B) and Councilor Navetta seconded.  After unanimous vote the motion passed.

Resolution 9-11-08 - Resolution Adopting The 2008-2009 Fiscal Year Budget Councilor Quandt moved to accept Resolution 9-11-08 and Councilor Howison seconded.  After unanimous vote the motion passed.

9.  Reports

	A.  Mayor’s report from Mayor Hauptman – The Mayor had no report.

B.  Community Center/CCI report from Councilor Howison – Councilor Howison received the purchase order for the ladder.  There is going to be a meeting at the Tsiltcoos Lake Club Plat on 09/18/08 at 7:00 pm at City Hall.

C.  Conservation Committee report from Councilor Curran – Councilor Curran discussed his report and submitted it in writing.

D.  Parks and Recreation Committee report from Councilor Quandt – Councilor Quandt stated they have had several people apply to volunteer.

Councilor Navetta made a motion to accept both Tracy Quandt and Roberta Dalbeck into the parks and recreation committee.  Councilor Quandt seconded the motion and after unanimous vote, the motion was accepted.

Councilor Curran made a motion to accept Janet Carroll into the conservation committee.  Councilor Curran then moved to amend the ordinance 154.01 to change the number of members allowed into the committee.

Councilor Howison moved to recommend Janet Carroll become a non-voting member of the conservation committee and Councilor Quandt seconded the motion.

Mr. Allen said she would not be an official member.

Amy Graham recommended to allow Ms. Carroll to volunteer.

Councilor Bellemore objected to the Council trying to get around the ordinances.  

Councilor Quandt withdrew his second to the motion.

Councilor Howison asked for a second and the motion was denied for a lack of a second.

Councilor Howison moved to accept the volunteer and have them start working with the conservation committee immediately.  Councilor Curran seconded the motion.  

City Recorded stated this meeting tonight has brought focus on the need to do things the right way and the council should do as such.

Councilor Navetta said she did not believe this person is a good candidate.  She is gone many months out of the year.

With the motion on the floor, after a vote of 3 opposed and 2 in favor, the motion failed.  Councilor Petersdorf did not state one way or the other.

Councilor Quandt moved to authorize the city attorney to begin drafting the amendment to the ordinance to have the number of members on the conservation committee changed from 3 to 5 Councilor Navetta seconded the motion.  After unanimous vote the motion passed.

E.  Road Commission report from Councilor Petersdorf – Councilor Petersdorf said he submitted his report in writing.

F.  Site Review Committee / Grants / Police report from Councilor Navetta – Councilor Navetta stated Councilor Quandt is also the Fire Commissioner.  She discussed her report and submitted it in writing.

G.  WCC / Communication & Education report from Councilor Koehler – Councilor Koehler read his report.  He said they have prepared a letter of appreciation to ODOT and would like the Mayor to sign it.  He said this years Festival of the Lakes was the most successful.  The website is going to be re-designed.  

H.  Planning Commission report from Planning Secretary, Lisa Ekelund – Lisa Ekelund discussed her report and submitted it in writing.

11.  Adjournment

Councilor Quandt moved to adjourn and Councilor Koehler seconded.  After unanimous vote, the meeting adjourned 11:06 pm.

Respectfully Submitted,

Lisa Ekelund
Planning Secretary

City Council September 11, 2008	Page  of