City Council Meeting
Minutes for November 12, 2009 at 7:00 pm
City Hall - 82877 Spruce St., Westlake, OR 97439

1.	Call to order and roll call.

Mayor Eric Hauptman called the meeting of the Dunes City Council to order at 7:01 p.m. 

2.	Roll call.

Roll Call was taken by Dunes City Recorder, Amy Graham.

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

Absent:  	None

Also Present:   	Dunes City Recorder Amy Graham, Planning Secretary Lisa Ekelund, Planning Chairman David Bellemore, and 12 individuals.

3.	Pledge of Allegiance.

All who were present stood for the Pledge of Allegiance.

4.	Consent agenda.

A.	City Council meeting minutes from 10/08/09.
B.	Bills of the session through 11/09/09.
C.	Receipts of the session through 11/05/09.

The City Recorder stated on page 15 in the motion where it says, "Councilor Mills Respectfully..." the word "to" needs to be changed to "a".

Mayor Hauptman said on page 2 under Conservation Committee Reports, the "of" needs to be removed and on page 2 under announcements add "along with the rest of West Lane County". 

Councilor Howison made the motion the Council approve the consent agenda as amended.  Councilor Quandt seconded the motion.  The motion passed by unanimous vote.

5.	Announcements / Correspondence

Mayor Hauptman announced the artist of the month is Gene and Dottie Haynes.  The Mayor announced that the Festival of the Lights would be held on 12/12/2009 from 2 p.m. to 5 p.m.

Councilor Navetta said Santa would be at the Festival of the Lights.

6.	Mayor's report

Mayor Hauptman said at the last meeting he made mention during his vote that he was tired of the politics.  Mayor Hauptman said although he meant it he should not have said it and for that, he apologized. 

7.	Committee / Commission reports

·	Councilor Navetta said regarding the Community Center; they have painted the walls. 
·	Councilor Navetta said regarding Communication and Education, they would be writing a newsletter soon.
·	A written Conservation Committee report of was received from Councilor Peter Howison and placed on file.   
·	A written Parks and Recreation Commission report was received from Councilor Rebecca Ruede and placed on file.  

Councilor Mills made the motion to approve the implementation of goals and projects as recommended by the Parks and Recreation Report of 2009.  Councilor Ruede seconded the motion.

The Council discussed whether they should spend the money for the proposed projects.

Councilor Quandt said he did not believe the Commission needed the Council's approval but they should get bids to see exactly where they would be at financially.

Mayor Hauptman agreed that the Commission should get bids for the proposed projects.

The motion to approve the implementation of goals and projects as recommended by the Parks and Recreation report of 2009 passed by unanimous vote.

·	The draft minutes of the Parks and Recreation Commission was received from Councilor Rebecca Ruede and placed on file.
·	A written report of the Road Commission was received from Councilor Robert Quandt and placed on file.
·	A written report of the Stormwater Ordinance Workgroup was received from Councilor Robert Quandt and placed on file.
·	The draft minutes of the Road Commission was received from Councilor Robert Quandt and placed on file.
·	A written report of the Site Review Committee was received from Councilor Jamie Mills and placed on file. 
·	A written report of the Revenue Committee was received from Councilor Jamie Mills and placed on file. 
·	A written report of the Water Quality Committee was received from Councilor Richard Koehler and placed on file.
·	The draft minutes of the Water Quality Committee was received from Councilor Richard Koehler and placed on file.
·	A written report of the Planning Department was received from Planning Secretary Lisa Ekelund and placed on file.
·	The draft minutes of the Planning Commission was received from Planning Secretary Lisa Ekelund and placed on file.

Mayor Hauptman said the topic of the business license should be on the December agenda.  

8.	Unfinished / Old business

	Atkeson property  (map/tax lot number 19-12-27-40-02200)

Councilor Howison recused himself and took a seat in the audience.

Mayor Hauptman said after the last meeting, the staff brought up some items that the Council should question.  The Mayor said the Council needs to be certain that they are making decisions according to the Ordinances.

Councilor Quandt said they have a complicated issue where there are a number of violations that have different procedures for correction.

Councilor Quandt said the Planner and the City Attorney say the chances of the City approving an application for a variance are low.  Councilor Quandt said the motion to require a variance was pre-mature.

Councilor Quandt made the motion to rescind his motion of 10/08/08 to require a variance application for the gazebo.  Councilor Mills seconded the motion.  The motion passed by unanimous vote.

Councilor Quandt made the motion to allow the property owner to demonstrate that the gazebo can be permitted outright or conditionally.  If the property owner believes that they can meet the permitting conditions and criteria then they should apply for the appropriate permits.  If the applicant cannot demonstrate that the criteria and conditions exist to permit this structure then it shall be removed.  The permitting or removal of this structure shall be complete by 03/15/10.  Councilor Mills seconded the motion.

Councilor Quandt amended his motion to replace the last sentence of his original motion to read as "The structure permitting or the permitted removal shall be complete by 3/15/10".  Councilor Mills seconded the amended motion.  The motion passed by unanimous vote.

Councilor Quandt made the motion to rescind his motion of 10/08/09 that the City be reimbursed for the cost of processing and abating these violations and defer that decision to the April 2010 City Council meeting.  Councilor Ruede seconded the motion.  The motion passed by unanimous vote.

Councilor Howison returned to his seat at the Dais.

Mayor Hauptman commended the Council for taking the time to make clear decisions and going back to make sure things are done the right way.  

Councilor Navetta said one thing the Council did not address at the time is the heavy machinery that was used in creating these structures.

Mayor Hauptman said the heavy machinery is speculative.

9.	 New Business

	Ordinance No. 202 (An Ordinance repealing Ordinance 169 and amending Ordinance 104)

Councilor Navetta made the motion to read Ordinance No. 202 by title only.  The motion was seconded by Councilor Mills.  The motion passed by unanimous vote.

Mayor Hauptman read Ordinance No. 202 by title only.
The City Recorder said the Council needed to make the second motion before the Mayor opens the public hearing.

Councilor Ruede made the motion to read Ordinance No. 202 by title only.  Councilor Quandt seconded the motion.  The motion passed by unanimous vote.

Mayor Hauptman read the Ordinance No. 202 by title only.

Mayor Hauptman opened the public hearing at 8:08 p.m.

Mayor Hauptman asked if any Councilors had conflict of interest and there was no comment.

Mayor Hauptman asked if the public would like to speak.

Mayor Hauptman closed the public hearing at 8:09 p.m. to begin deliberation.

Councilor Quandt said the original Ordinance was cumbersome and had requirements that were unrealistic.  Councilor Quandt said Ordinance No. 202 would change the number of members and require only one Councilor.  Councilor Quandt said he is in agreement with this change.

Councilor Ruede said they discussed this at the last Parks and Recreation meeting and the Commission is in favor of the change.

Councilor Mills made the motion that the Council adopts Ordinance No. 202, which amends section 1 of Ordinance 169 and section 3 and 4 of Ordinance 104. Councilor Quandt seconded the motion. The motion passed by unanimous roll call vote with Councilor Navetta voting aye, Councilor Quandt voting aye, Councilor Koehler voting aye, Councilor Howison voting aye, Councilor Ruede voting aye, Councilor Mills voting aye.

Mayor Hauptman said the Ordinance will be enacted and effective the 30th day after unless enacted under emergency.  Mayor Hauptman said this Ordinance has not been enacted under an emergency so this Ordinance will be effective the 30th day after this meeting.

Councilor Koehler said he would like to humbly resign from the Parks and Recreation Commission.

·	Ordinance No. 204 (An Ordinance amending Ordinance 182, Chapter 155, §155.2.3.400 section B, subsection 2, subsection e)

Mayor Hauptman stated they would pull Ordinance No. 204 from the agenda to await written notice from DLCD instead of the original verbal authorization from DLCD confirming that the City did not need to submit a 45-day notice.

Councilor Mills asked why they could not do the first reading.  Councilor Mills stated she was concerned that the property owner may suffer financial losses because of this.  

Councilor Howison questioned because this is a Land Use Ordinance, should there have been a CCI process.

Councilor Quandt said if the DLCD has looked at this and described it as such a minor change that they would not even require the 45-day period, he would assume they would not require the CCI process.

Councilor Ruede asked what date the 45-day timeframe would commence.

The City Recorder said she believes if DLCD required the 45-day notice, it would begin when they submitted the notice.

Mayor Hauptman said he has the authority to pull this item but he would like to see how the Council feels about waiting for written approval from DLCD.

Councilor Koehler said he thinks they should pull it because there are so many unanswered questions.  Councilor Koehler said he did not notice anything in correspondence with contact from legal regarding this whole issue.

Councilor Ruede said she thinks it would suffice as long as the recorder has adequate documentation of the verbal communication with DLCD.

Councilor Quandt said he leans to removing any vulnerability.

Councilor Mills said she does understand the difficult position but her inclination is to wait for the next month's agenda and perhaps they should declare an emergency when they do pass it.  Councilor Mills said she would look into whether or not an emergency would be appropriate.

10.	  Unscheduled items not listed on the agenda

Councilor Howison read section 4.2 of the Rules of Procedure.  Councilor Howison said he accepts the Mayors apology.

Councilor Mills said they have an issue and she was not sure how to proceed with the May property. 

Councilor Howison questioned if the Council's decisions back in August were not carried out then why would it not came back to the Council. 

Councilor Koehler said it is important for the Committees to have their own autonomy.  Councilor Koehler said he thinks one of the problems that occurred is the way that they do their minutes.  Councilor Koehler said once you start respecting the Committees word, it leads onto other things.

Mayor Hauptman said when he was out and about in August; he called into the office and asked the City Recorder for the address of the May property.  Mayor Hauptman said he walked on the property and questioned the encroachment.  The Mayor said the setback was the issue because the Council declared it to be in the road right-of-way.  The Mayor said he was not comfortable with the decision after viewing the property because if the structure in was in fact in the road right-of-way, many properties on the street would also be in violation. The Mayor questioned if the City was sure where the road right-of-way was.  Mayor Hauptman said he told the City Recorder to hold off on the abatement and if anyone had any questions, they should address them to him.  The Mayor said he does not feel comfortable having a property owner remove a hunk of their building when they are not sure about the measurements.  The Mayor said he made a mistake by not following through with his decision to hold off on the abatement.  

Councilor Howison said they should put it on the agenda for next month or send it back to the Site Review Committee.

Councilor Ruede made to motion to postpone the subject of the May property to the next meeting.  Councilor Quandt seconded the motion.  The motion tied by vote of 3 ayes and 3 nays.  

Councilor Howison requested a roll call vote on Councilor Ruede's motion.  The motion tied by roll call vote with Councilor Navetta voting nay, Councilor Quandt voting aye, Councilor Koehler voting nay, Councilor Howison voting aye, Councilor Ruede voting aye, Councilor Mills voting nay.  Mayor Hauptman broke the tie by voting aye.

Councilor Mills made the motion that Dunes City submits an application for an extension of time if Mr. Stead has not already done so within which to meet the conditions of the storage permit on Woahink Lake.  Councilor Howison seconded the motion.  

Mr. George Burke spoke from the audience saying there are two different permits and two different storages.  Mr. Burke said the one they are discussing tonight is the permit that was filed one year ago.  Mr. Burke said the City has one year to implement the permit by putting the Weir storage in.  Mr. Burke said the permit expired because the City has not initiated the storage so the City now needs an extension.

Mayor Hauptman said there are so many questions about the Weir.  The Mayor said the City does not own the Weir.  The Mayor said there is question on who actually owns the Weir.  

Councilor Howison said $500 for a water right in the "long run" it could potentially help the City.

Councilor Mills stated that they could solicit help from the Oregon Army National Guard under an Innovative Readiness Construction Assistance Program.  

Councilor Quandt said he thinks they should get the extension but they should put this issue to the front burner and put it on the agenda.  Councilor Quandt said he thinks the Weir should be the responsibility of the State, not the City.  Councilor Quandt said this would be a burden to the City.

Mr. George Burke said the State does not own the Weir.  Mr. Burke said Mr. Anderson owns the Weir and Mr. Anderson has agreed to give it to the City.  Mr. Burke said there is an easement all the way around the Weir that has been established as a maintenance easement.  Mr. Burke said some of the easement is on State land and some of the easement is on Mr. Anderson's land.  Mr. Burke said Mr. Anderson does not want to put an access easement through his property from the Weir to Highway 101.

Mayor Hauptman said he understands why Mr. Anderson would not want to have an easement through his property.  Mayor Hauptman said because there is no access from the road, the City would need to access the easement by boat.  Mayor Hauptman said the City does not own a boat.

Councilor Mills said she believes there is a misinterpretation of the deed.

The motion that Dunes City submits an application for an extension of time if Mr. Stead has not already done so within which to meet the conditions of the storage permit on Woahink Lake passed by vote of 5 ayes and 1 nay.

Councilor Koehler said the Water Quality Committee is not a Water "Quantity" Committee and he questions what the City will get out of this.  Councilor Koehler said the water of Woahink Lake benefits only a few households that draw from it.

Councilor Ruede asked where the $500 would come from.

Mayor Hauptman said the money would come out of the Water Rights Fund.

Councilor Mills said the next step is to contact the Oregon Army National Guard Innovative Readiness Construction Assistance Program.

Councilor Koehler said when speaking to one entity, Councilor Mills could hit two issues.  Councilor Koehler spoke of the area across from the Myrtlewood Factory on Highway 101.

Councilor Mills made the motion that the Mayor be authorized to execute the documents necessary to make application for assistance from the Oregon National Guard and further that the City Recorder be directed to make the required publication of notice before the end of November 2009.  The motion was seconded by Councilor Ruede.  
Amy Graham said she is concerned because it says the publication has to take place on the 14th and the 21st day of November.  Amy Graham said there is no way that the City could meet the deadline of the 14th so if the City does not meet both of them, where does that leave the City.

Councilor Mills said she was under the impression that the deadline for publication is noon tomorrow (Friday November 13, 2009) so if it cannot be done, then it doesn't matter and the City can wait.

Amy Graham said for it to go into the newspaper on Saturday (November 14, 2009) it would have to be in by Noon today (Thursday  November 12, 2009).

Councilor Mills said she had the understanding that the publication submission deadline was noon tomorrow.  

Councilor Mills withdraws the motion.

11.	  Citizen input on unscheduled items

Mary Jo Leach 84284 Alder Dr.

Mrs. Leach said she was concerned over what she heard at the last hearing regarding the Atkeson property.  Mrs. Leach said she thought it was good the Council was not punitive and they gave them enough time.  Mrs. Leach said there is a process and skipping the variance process is wrong.  Mrs. Leach said this would establish a permanent ingress and egress to go onto a protected area.  Mrs. Leach said she is glad that the City is stepping back.  Mrs. Leach said the City should make suppositions about the property and the transactions that took place during the purchase of it.  Mrs. Leach said her point she wants to make is if this is a structure that could be otherwise built without first receiving a variance than fine, but the City cannot skip the process and if they do it for him then they need to do it for her as well.  Mrs. Leach said they would be rewarding stealth.  Mrs. Leach said everyone is doing a great job and she appreciates the hard work. 

David Bellemore 83548 Salal St.

Mr. Bellemore said it is the rainy season and his concern is the erosion of the dirt into the lakes, particularly Woahink Lake.  Mr. Bellemore said little bits of organic matter that can be suspended in water is erosion that contributes phosphorus to the lake regardless of how far away it is when it starts.  

Mr. Bellemore said regarding the Weir; the Weir is the physical control of the water and you need to have both the right to use the water and the physical control of the water.  Mr. Bellemore said he believes the City needs to have control over the Weir.  

Councilor Koehler asked Mr. Bellemore to transcribe his phosphorus comments for the newsletter and Mr. Bellemore said he would do this.

Mayor Hauptman called for a recess at 9:25 p.m.

The City Council reconvened at 9:37 p.m.

Public hearing

	Ordinance No. 203 (An Ordinance amending Ordinance No. 173)
Mayor Hauptman opened the public hearing at 9:39 p.m.

Mayor Hauptman asked for public input.

George Burke 4838 Lake Blvd.

Mr. Burke said they worked very hard on this Ordinance.  Mr. Burke said just pumping a system does not just make everything ok.  Mr. Burke said septic systems need only to be pumped if they are over used.  Mr. Burke said if a system does not need to be pumped and you pump it anyways, it reduces the efficiency of the system.

Councilor Howison thanked Mr. Burke for helping work on this Ordinance.  Councilor Howison said there were many other people who also worked on this.  Councilor Howison said he submitted some suggestions that will address some of Mr. Burkes' concerns.

David Bellemore 83548 Salal St.

Mr. Bellemore said the Planning Commission was presented with two separate rough drafts for the Septic Ordinance.  Mr. Bellemore said the Planning Commission directed himself, Lisa Ekelund, and Fred Hilden to merge all of the information received.  Mr. Bellemore said regarding changes in allowing part time resident's more time between inspections; it is still important to have systems inspected regularly because of possible earth movement that could cause system malfunction.  Mr. Bellemore said there is an area in the Ordinance where the City Recorder can grant extensions.  Mr. Bellemore thanked everyone who worked on this.  Mr. Bellemore said pumping water from the lakes and having septic systems for sewage is just about the cheapest utilities a person can have as opposed to a public city water system and public sewer systems.  Mr. Bellemore said it may cost a little to maintain the septic system and it may cost a little to abide by the Ordinance but it is still cheaper than the other options.

Councilor Howison asked about any of the changes he (Councilor Howison) proposed.

Mr. Bellemore said yes and he is fine with them.

Councilor Howison asked Mr. Bellemore if he knows why two particular items were deleted.

Mr. Bellemore said Mr. Hilden suggested they remove those items.  Mr. Bellemore said it opens a huge "can of worms" to cooperate with realtors.

Councilor Koehler said this is already part of real estate law.  

Councilor Mills said if Dunes City were to adopt it as code, it would be law.  

Councilor Koehler said one of the things they have seen in the past three years is a market driven escalation of prices for pumping.  Councilor Koehler said this ordinance has gone through two Committees before it ended up with Mr. Bellemore.  Councilor Koehler said he only knew tonight where the document came from.  Councilor Koehler questioned why give an additional slack off time of three more years.  

Mr. Bellemore said regarding the 5 years, this came from Fred who has to administer this.  Mr. Bellemore said the execution was suspended with the staff turn over and there was a period of time when notices were not going out.  Mr. Bellemore said simply doing more per month to catch up is not practical as it takes away from additional duties Fred has.  Mr. Bellemore said they may be finished before the 5-year mark but it gives staff the time to accomplish the goal.

Councilor Koehler said if staff sent 25 per month instead of 20, and it was originally set at 15, this is not a large burden.  

Mr. Bellemore suggested councilor Koehler discuss this with Fred.

Mr. Bellemore said the highest he has heard to pump is $350.  Mr. Bellemore said they (himself, Fred, and Lisa) spoke to the people in the field.  Mr. Bellemore said the professionals would have to get a business license.  Mr. Bellemore said the professionals will have to be inspectors and pumpers and they have to be approved by the city.  Mr. Bellemore said the business license would keep them honest.  Mr. Bellemore said if they were snowballing people, we would find out about it and pull their license.  Mr. Bellemore said the State of Oregon requires all pumpers to be licensed.  Mr. Bellemore said there is no licensing for inspectors because the State of Oregon has never required septic inspections.  Mr. Bellemore said Wally's has sent their employees to California for NAWT certification.  

Councilor Navetta asked about the word "inspection" as opposed to the word "evaluation".  Councilor Navetta asked why they chose the word "inspection".

Mr. Bellemore said they are getting the systems inspected to see if they do work.  Mr. Bellemore said it is a minor point if they would rather use the word evaluation.

Mayor Hauptman closed the public hearing at 10:00 p.m. and the Council went into deliberation.

Councilor Mills said she was concerned about 157.060 (C), "every system shall be inspected at a minimum of once every 5 years...extensions may be granted…" and should they give the City Recorder some guidance.

Councilor Quandt agreed stating they know there should be exceptions but they may need to get a little more detailed on what constitutes and exception.

Councilor Howison asked if the old language helps at all.  Councilor Howison said if a building is not occupied, they should require that it is initially inspected, but not necessarily require an inspection when it is not occupied later on.
The City Recorder asked who would go out and inspect the property to see if the property is occupied or not.

Mayor Hauptman said unfortunately, there is room for dishonesty with this point.

Councilor Koehler said the reason for the initial inspection per Econo-Rooter in Coquille is that the initial pumping, in this first inspection, is made so that you pull everything out and see if the tank is cracked.  Councilor Koehler said after that, to go along with Mr. Burkes view "and it's a scientific issue", you do not necessarily have to pump it unless it is over used or abused.  

The City Recorder said Councilor Howison made a comment to have another Committee review this.  The City Recorder said the Ordinance was brought forward to change one word and after review by two of the Committee's, the word never was changed.  

Councilor Howison assured the City Recorder that that issue got fixed.

Councilor Koehler said he would like to see the NAWT requirement put back into the Ordinance.

Councilor Howison said he would be comfortable with a deadline of March of 2012 to have everyone comply.

Councilor Koehler said he thinks they can still accomplish this within a year past the original date.

The Council discussed the appeals and complaints process.

The City Recorder said she thinks an appeal needs to come before the City Council.

The Council continued discussion on the need to pump.

Councilor Howison made the motion to amend the proposed Ordinance, 157.060 under subsection A, the first sentence he would like to delete when necessary and at the end of that paragraph he wants to add the date of the final inspection will serve as the basis for a periodic inspection in 5 years.  Councilor Koehler seconded the motion.

Councilor Ruede asked what the motion was and Councilor Howison said they are removing "when necessary."

Councilor Howison withdrew his motion.

Councilor Howison moved to strike "when necessary" in 157.060(A) Councilor Koehler seconded the motion.  The motion passed by unanimous vote.

Councilor Howison moved to add the sentence at the end of 157.060 (A), "the date of the final inspection will serve as a basis for a periodic inspection in 5 years".  Councilor Quandt seconded the motion.  The motion passed by unanimous vote.

Councilor Howison moved that the Council add to 157.060 (B) of the document sent from the Planning Commission under (B) in the first sentence which reads, "periodic inspections include the condition of the septic tank contents" to add "such as the thickness of the scum layer and percent of solids in the tank" and then adding after "absorption disposal/drainfield" he would like to add "and it's capacity to accommodate a test volume of water".  Councilor Koehler seconded the motion.  The motion passed by unanimous vote.

Councilor Howison moved that the Council add amend 157.060 of the draft that's been presented, (B) second paragraph that currently reads "The inspector shall use the City's septic maintenance record and inspection report form to prepare a report of the system's current condition", he would like to add "including the reason or reasons the inspector may have used to require pumping and".  Councilor Quandt seconded the motion.  The motion passed by unanimous vote.

Councilor Mills moved that in the document that was presented to the City Council tonight from the Planning Commission, that a new paragraph be added under section 157.060 labeled paragraph C, new paragraph 2, which reads prior to the sale or transfer of governorship of any existing property the system shall be inspected, mapped, and pumped unless an inspection, mapping, and pumping has been conducted within 5 years of the date of sale or transfer.  Councilor Koehler seconded the motion.

Councilor Mills amended her motion to include a re-number of the remaining paragraphs there after. Councilor Koehler seconded the amended motion.

The motion passed by unanimous vote.

Councilor Koehler made the motion to change 157.060 C, 4, to read, "By March of 2012, every owner shall submit to the city an inspection report" and strike "within 5 years from the adoption of this ordinance".  Councilor Navetta seconded the motion.  

Councilor Navetta said it should include at the end of the sentence "and mapping and pumping"

Councilor Koehler amended his motion to read, "By March of 2012 every owner shall submit to the city an inspection report, mapping, and pumping of all septic systems on their property."  Councilor Navetta seconded the motion.  The motion passed by unanimous vote.

Mayor Hauptman said he would like to see the whole thing come back with the changes before they vote on it.

Mayor Hauptman said they would postpone this until the next city council meeting of 12/10/2009.

Councilor Howison made the motion to postpone the final deliberation on the Septic Ordinance until the next meeting on 12/10/09.  Councilor Koehler seconded the motion.  The motion passed by unanimous vote.

12.	  Adjournment

There being no further business to come before the City Council, 

Councilor Howison made the motion to adjourn the meeting and Councilor Koehler seconded.  The motion passed by unanimous vote.

The Mayor adjourned the meeting of the Dunes City Council at 11:02 p.m.

The next scheduled meeting of the Dunes City Council is to be held on December 10, 2009 at 7:00 p.m.

The proceedings of the Dunes City Council meeting were recorded, and are filed in the City Recorder's office. The complete minutes of this meeting is filed in the City Recorder's office.  Upon approval by the City Council, these minutes will be available online at http://dunescity.com/minutes.htm

Respectfully prepared by,

________________________________________
Lisa Ekelund
Planning Secretary

Approved by the City Council on the _____ day of _____, 2009,

________________________________________
Eric Hauptman
Mayor

=============== reports ===============

The Conservation Committee

The Conservation Committee met on October 21.  We approved the draft report of a site review done in September.  The Committee also reviewed a draft postcard which is to be mailed to shoreland property owners concerning compliance with Dunes City Code 154.  Finally, the issue of mowing along the shoreland of Siltcoos Lake near the public dock was discussed.  It was decided to identify the responsible public entity and draft a letter regarding  compliance with Dunes City Code 154. 

Parks & Recreation Commission Report
November 12, 2009
The Parks and Recreation Commission held a regular meeting on October 15, 2009.  It was a pleasure to work with our newest member Gary Lapping.    
1.	 The immediate focus of the commission was to satisfy a correction notice that was sent to the City by our very own City Inspector.  The requirement was to fill in dirt and sand underneath the Overlook structure that vandals had removed.
It is my great pleasure to report that in fact that has been accomplished.  Many heartfelt thanks go out to volunteers extraordinaire:
Richard Koehler, Gary Lapping, Chuck Bang and his friend Charlie, and Jamie and Robin Mills.  
2.	 The commission identified the Projects on deck for the Tourism projects as;
a.	Paint and generally update the Dunes City sign located on highway 101.  The basic design will remain the same Artistic license will be given to the contractor regarding the updating of the color palate and other minor cosmetic changes.  
b.	Paint and update the kiosk located by Dunes City hall
   The basic concept will be to promote tourism within Dunes City and the surrounding   area.  
c.	Paint and update the sign on the end of the City Hall Building.  It is the sign that is seen when one drives up to City Hall.
d.	Purchase and install an illuminated bulletin board on City Hall by the door.
e.	 Recommend membership to the Travel Lane County Organization so that we may be included in the official visitor guide.
f.	Work with the Community Center Committee to provide lighting for the flag and the kiosk signs and update the camera located on the kiosk for the security of the building, signs and surrounding area.
The Parks Commission acknowledges the budget funds of $14,000 and authorizes the City Recorder to request proposal from the general public in order to accomplish the above mentioned goals upon the approval of the City Council.

Call for approval of Council.
End of report

DUNES CITY ROADS COMMISSION
November 12th^th 2009 Report to Council

The Dunes City Road Commission met last on October 19^th. Since I was out of town, the meeting was conducted by our vice chair Jerry Curran.  The topics discussed were the Master Roads Plan, permitting issues and our next roadside brushing projects.  We cleared brush on Lake Street on October 31^st and continued with more brushing projects on November 7^th as well.  On October 30^th four members of the Commission attended an all day workshop on traffic safety and design. The workshop was informative and some portions actually applied to Dunes City’s unique circumstances. I would like to thank Florence’s public works department for hosting this event and including us in the workshop. Our next meeting is November 16^th at 6:30pm so if members of the public have any road related issues they would like to bring to our attention we would welcome your comments at our next meeting.  Thank you.

Robert Quandt
Roads Commission Chair

STORMWATER ORDINANCE WORK GROUP COUNCIL REPORT
November 12^th 2009 Report to Council
 
The Storm Water Ordinance Workgroup is picking up steam and met last on October 29^th.  The topics discussed included how the ordinance would work without resources to administer it. The ordinance would then have to be limited based on the staff available to carry out its instructions.  The ordinance should also not conflict with other closely related ordinances and should in fact compliment them instead of complicate them. We discussed what this ordinance should do and what areas it could have the best chance at influencing.
We are working on supplemental funding to get assistance from our engineering firm as we begin working on the new draft document. We are delegating areas of concentration within the workgroup and will meet again on the 23^rd of November at 6:30pm to discuss the work that individual members of the group have been tasked with. We will keep the public informed of the progress as we go. Thank you.

Robert Quandt/Stormwater task group Chair

SITE REVIEW COMMITTEE REPORT
October, 2009

The Site Review Committee met on Thursday, October 29, 2009, however, only member Debbie Pasternak was available to attend as David Dumas was with the water quality committee water testing group and Linda Ash was out of the country.  There being no quorum present, no decisions were made, however, discussion was had on various issues.

The remaining problem with the track hoe on Buckskin Bob was discussed.  Chairman Mills indicated she would call local scrap metal companies to find out how much it would cost to have the track hoe hauled off.  Ms. Mills further indicated she thought we may also need to obtain a legal opinion from the city’s attorney to ensure such action would not be a violation of state, federal or local law, and what process would need to be followed.

Chairman Mills reported that another Dunes City Councilor had informed her that no abatement notice or letter was done regarding the property on Woahink Drive.  In an effort to get further information, Jamie asked City Recorder Amy Graham if the posting occurred.  Ms. Graham indicated that it had not because Mayor Hauptmann had told her not to and that if there were any questions, to ask the Mayor.  Ms. Pasternak asked Ms. Graham why the Committee had not been informed of this action.  Ms. Graham had no response but apologized for failing to let the committee know.  Ms. Pasternak indicated that in the future, the committee, and any other committee of Dunes City for that matter, should be informed.  Ms. Pasternak indicated her inclination was to resign from the committee since the dedication of her time apparently means so very little.  Chairman Mills agreed that she, too, was insulted that the committee’s recommendations were totally ignored, and further, that the City Council’s decision, made at public meeting, was usurped by the Mayor’s action.  She indicated that she would be speaking with the Mayor on this issue.

Chairman Mills indicated a new complaint had been received regarding property on the corner of Pacific and Foothill.  Jamie indicated she would ask the City Recorder to send a letter to the property owners requesting that the property be mowed and that a rope be placed to block people from parking on the driveway.

Debbie Pasternak submitted her written resignation from the Committee on November 2, 2009.

Respectfully submitted this 3^rd day of November, 2009.

					_________________________________
					Jamie Mills, Chairman

DUNES CITY REVENUE COMMITTEE REPORT
October, 2009

The Revenue Committee met on Tuesday, October 20, 2009.  Written resignations have been received from Bob Read and Mary Jane Bielman, leaving only three members on the committee.  At the meeting numerous grants were discussed and distributed among committee members for further investigation.  Such grants include federal rural development technical assistance grants for water and wastewater disposal and for solid waste management to reduce pollution in water resources, youth conservation corps projects, protection and restoration of fish and wildlife enhancement on federal lands, and economic development assistance with public works infrastructure and facilities.  The committee also referred a grant regarding the Clean Vessel Act to Honeyman State Park and the Oregon Land and Water Conservation Fund grant to the Dunes City Parks and Recreation Commission.

The draft language for the proposed Business License Ordinance was finalized and submitted to the City Council.

The Community Yard Sale proposal discussion was tabled to a later meeting.

Chairman Mills investigated the Bingo Night proposal with the State Attorney General’s office without satisfaction and will seek city attorney advice as to whether Dunes City can hold a bingo night and whether a state permit is required.

A Community Scrap Metal Clean-up Day proposal was discussed and Chairman Mills will be investigating the possibility further.

A suggestion regarding Dunes City entering into a cooperative agreement with the Department of Forestry to run the Tyee Campground as a day use facility during the salmon run months was discussed.  Chairman Mills will investigate the feasibility of such an idea further.

Other suggestions from the committee that will be discussed and future meetings is the establishment of a System Development Charge Ordinance and the recommendation for implementation of a City tax.

Respectfully submitted this 3^rd day of November, 2009

							___________________________________
							Jamie Mills, Chairman

Council  11.12.09
Water Quality Committee
Report

Tester Bob Mohler reported Maple Creek had the highest levels of bacteria.   

Contact to a DNA lab for Siltcoos Lake and this area is in the works.

I would like to thank citizens for being more conscious about what you allow in your septic systems,  your planting in the riparian area and being aware of water running off your property, what it carries with it.

Albeit for Maple Creek, tester Mohler said that Siltcoos Lake is in much better shape than this time last year. 

We are in the process of working on the Intergovernmental Agreement (IGA) (with Lane County).  The new IGA will be for the governmental and recreational use of surface water and will state the high risk sources in our area of influence.  Member Ken Henderson noted the public health issues, property values and communication between Lane County and the City could be included.  

We are working on items for the newsletter and the website so that the public can work on keeping costs low.

Members volunteering their time in the Water Quality Committee from January to the end of September averaged over 73 hours per month.

R. Koehler

Septic System Maintenance Status Report
November 3, 2009 ~ Prepared by Fred Hilden

In addition to mailing 20 septic packets in October, significant focus continues on reviewing property files and updating the Septic Maintenance Database. No additional warning or citation letters were sent in October.

Dunes City Septic System Maintenance Status Report – November 3, 2009
| # Notified | # Complied | Percentage Complied | # Warning Letters | # Citation Letters | # Lien Letters

Prior to 
June ′09*

226

177

78.3%

13

0

0

July ′09 | 20 | 18 | 90.0% | | |
August ′09 | 22 | 15 | 68.2% | | |
September ′09 | 20 | 6 | 30.0% | | |
October ′09 | 20 | 1 | 5.0% | | |
Totals | 308 | 217 | 70.5% | 13 | 0 | 0
	* These numbers will change as property files are researched and the database updated.
	Note: Dunes City’s current ordinance allows 60 days for compliance.

planning department staff report              

Report Date:					November 2009
Staff:						Lisa Ekelund, Planning Secretary
______________________________________________________________________________
 	
In the Month of October, the Planning Department issued 11 permits and scheduled 40 inspections.  The City continues to receive final reports from the citizens regarding outstanding structural permits from 2007 and as of November 4th, 2009, there are 22 open structural permits remaining from 2007.

The last Planning Commission meeting was held on October 22, 2009.  The only agenda item at this meeting was the continuation of the public hearing for the amendment to Chapter 157 within Dunes City Code of Ordinances entitled "Septic System Maintenance".  The Planning Commission unanimously voted to approve this with minor adjustments.  

The next scheduled Planning Commission meeting has been moved to November 19th, 2009 at 6:00 p.m. because of the Thanksgiving Holiday.  

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