CITY OF DUFUR COUNCIL MEETING September 16, 2014

7:00PM DUFUR CITY HALL

Minutes

Call t o orde r: Art Smith called meeting t o Order at 7:00 pm Attendance: Merle Keyes, Glenn Miller, Richard Lyons, Jim Harger, Jon Keyser, Paul Sumner, Arthur Smith, Kathy Bostick Guests in Attendance: Kristen Trujillo , Cheryl Sonnebend, Brandon Beachamp, Stan Ashbrook, Dan Meader, Ann Ferguson, Sheri Kramer, KC Ferres, Vivian Dunn, Stephanie Olson Approval of Agenda: Merle made motion of approval; Jon 2nd

; Approved by all Add itions to Agenda: None Consent Agenda : Merle made motion; Jim second; all approved Special Presentations: None

Unfinished Business:

• Springfield Contract - Just a follow up - Kathy reported that the $954 was just a one-time fee contract and rate to stay the same; Art and Kathy to sign contract and send back.

Citizen Input: Stan brought up Cycle Oregon that they like to help out the commun ity through grants. They helped put up the lights on the football field. He this it wou ld be nice if the city could possibly look at putting up decorative street lights along Main Street like they have in The Dalles. Kathy to look at option for grant money from Cycle Oregon

Ordinances and resolutions : Amendment of Ordinance 339; Section 1.8. to change to the 25th of the month.

Art open public hearing on Ordinance 339; Section 1.8, Paul reported council asked him to make amendment to

reflect what was actually being done. All bills are due on or before the 25th of each month . Art Closed public

hearing; Merle made motion to adopt amended ordinance 339; Section 1.8, Paul asked if Kathy had new

ordinance number believe to fall historically as same ordinance numbe r just adding the date. Kathy is going to

check see on how it has been done in the past to add new ordinance number . All Approved

New Business:

• Complaint - Cheryl Sonnabend; Cheryl had nothing to add to complaint. Art announced you can't

adversely poses against the public; Residents can't put up a wood shed in future right a ways and then

years later say I own that right away. Paul discussed that issues like this are important and need to be

taken in consideration, but need to follow the procedures the city has in place. If someth ing is in

violation of ordinance then it's a nuisance and it should go to a Nuisance Abatement Officer appointed

by council and that person should invest igate to see if council needs to take auction; also the Nuisance

Abatement Officer can look at historical action by the city and what has happen in past encroachments.

Nuisance Abatement is an issue and maybe there are policies that either needs to be change or put in

place. Cheryl made it clear that the complaint is not about driving on the road this is about the

property pin inside Trujillo 's' fence that county surveyors have used several times for the Balch Hotel

and Ashbrook. The property pin is marked with a pink ribbon and is now on the inside of the fence and

is not accessible for the public. Cheryl feels the pin will be very important when they go to court. It will

also determine what property values are. Glenn discussed what kind of fence asking if it's just hog wire

and to have the Truj illo's just move the fence on the other side of the fence. Discussion on what type of

property pin it is. It can be several d ifferent types of pins. No license surveyor at the council meet ing

to determine if those corners are public property? Dan Meader spoke and said he is not a license

surveyor, but has worked with several of them and the point is that the property pin in discussion

marks the city right away, so it is enclosed with in a fence so the public can't use the pin as needed . Art

spoke to the Trujillo's asking if they are aware of the pin and it being inside the fence. Trujillo's are

aware of the pin and Art wondering if the fence could be moved . Kristen said the fence is movable and

wants to get property surveyed they would know what the pins mean. Art is very clear on not wanting

to get council involved in weather it's a pin or not a pin .

• Building codes - Trujillo's' Fence Dan Meader, is contract by the city, he receives a comp laint

from Cheryl Sonnaband in regard to the fence being too tall. Dan went and measure the fence

and conclude that the fence was over 6 feet tall, but he doesn't have the authority to call that

it's over. All that is in the zoning ordinance is a 6 foot fence from the ground nothing is clear, So

Dan called in building codes and they measure the fence and had concluded the fence is over 6

feet in height. In that case it is considered a structure, and zone ordinance comes in. As a

structure a building permit is required . If it's a build permit issue its required to meet set back,

and the set back on the rear yard on residential is now 5 feet off the property line . First and

easiest solution would be to move the fence 5 feet of the property line and only 6 feet in height,

in this case no building permits would be required. Second solution would be request a

variance on the location of the fence and the height of the fence from the planning commission.

There is not guaranteed that it would be approved but it's a step in the process. Third would be

to rebuild the fence at its current location and make sure it's below 6 feet tall . The issue here

becomes one of the property lines; and this is where the zoning issue kicks; actual location of

the property line becomes the burden of the property owner to prove the location of the

property line. Quite simply they need to take down the excising fence have the line survey,

have the property pins reset and then build their fence according. It's the burden of the acting

property owner to determine where there property lines are, before it became a zoning issue it

was a civil matter now it's a city issue. Dan comes to the council as our city plan that an issue

was brought to his attention and needs council's approval to deal with it. As far as the

encroachment issue on public streets the city tries to catch them prior to building to make them

aware that they are on public right away and if needs to be moved you will either be asked to

move it or the city will remove it for you.

Council has request Dan to write Trujillo's a letter explaining options and go from there. Kristin

spoke with Darla (former city clerk) about requirements in building the fence . Original plan was

to build the fence and saw it down to below 6 feet but they were never given the chance to

complete the fence. Kristin also spoke to building codes and she explained to them what they

had planned to do and said that was fine. Stan Ashbrook had Dan draw up plans to do some

develop ing on the east side of his shed and stuff. He would have to develop that street he

would like to demand that the property pins are in place so he could determine where the

property lines are. Jon made a motion to allow planning staff to go ahead with zoning issue

with the help of Dan Meader; Richard 2nd; all approved

• Amendment of fee schedule - Dan feels the fee schedule should be set up to cover the cities cost in a

various cost of processing different types of application . Different applications take different amounts

of processing. After further discussion in regards the fees and what they should be at Art asked Dan

and Paul look at the fee schedule and look at them to make sure they are fare.

Public Works Report - Glenn Miller- In trouble with DEQ - Deadline was on September 15th sent in extension on Wednesday September 10 for another year, but this is our second extension . Project was initiated about 2 year ago, been working on project for 7 years wants to get this going so permit can be issued. Dan is to talk to Darrin. Dan was been getting several quest ion at the plann ing commission level in regards to the availability of city service. There is· not water master plan done in quite some t ime. The State likes to have them done about every 10 years, anytime you get over 300 hook ups. Dans understand ing about having enough water and sewer is; Dufur has a substant ial amount of wate r, but storage capacity is limited . Writing in the comp rehensive plan from 2003 is the capacity of the storage will accommodate 450 to 500 people the last census show Dufu r population as 610. The sewer plant is to handle about 750 people. There is room for some growth but not much the City needs to be looking at trying to find funding for a master plan for the water system . Dan is to look into some funding to get a new maste r plan. Glenn and Brandon have been working on crack sealing bids and have got some returned. City would like to purchase a machine to do the crack sealing, Glenn has talked to David Rogers gave a quote about $4000 .00. Art mention the county road department crews are getting ready to do some fall crack sealing, the county might not be averse to shooting a bid toward the city. Glenn is still working on other bids for the crack seal project . Mayor's Report- Cycle Oregon - went well very impressed w ith the amount of tip money that was given to kids for moving bags. All positive report from the community went really well . What the Festival - Glenn work ing on reports Attorney's Report - Paul Sumner- Nothing except to work with Dan on fee schedule Commissioners Reports

• Public Works - Mer le Keys - Pipe extension at the fire house. Working with Larry and Cynthia to get trees cut down and other stuff for when the city is ready to lay pipe it can be done. Wondering if it should go under the street to a bulk head or something, or just it open to open? Glenn thinks it should go under the street to a bulk head. City still has funds available for spray for spr ing mosquitoes. • Administration - Diana Austin - None

• Fire/ Ambulance - Jon Keyser: Project slowed down because the foundation has decided to fund second floor above the offices; with this the re has been some engineering issue that need to be taken care of. Engineering is done ; is at a draft man now and being drawn up and the rebar inspection and concrete poor all the second floor addition is in; took pictures and everything with the engineers' ladder. Were scheduled to pour on the 12

th until engineering issues came up and now scheduled to pour on the 26th

• No count on ambulance run; ambulance book is in ambulance and were out on a run.

• Plann ing and Development - Jim Harger - Meeting a couple a weeks ago in regards to Cotter -Variance and partition was approved . Administration Report - Kathy Bostick - Diana to turn in bank paper works in on Friday to complete signer change. Haven would like to place purple ribbons on various power poles through Dufur in regards to domestic violence awareness month . City of Dufur did teal ones for Sexual Assault. Merle made mot ion to allow Haven to place purple ribbons on pub l ic right a ways for Domestic Violence Awareness and seconded by Jim; all approved. Election application deadline was missed had to send in election position with no names; position to be for write in candidates only; position up for re-election are Jim Harger, Merle Keys, and David Knapp, 4 year term; Mayor Art Smith 2 year term .

Adjournment: Merle made motion, Jon 2nd 8:00 approved.

Executive Session July gth

, 2014

7:00 PM DUFUR CITY HALL

Agenda

fX[CUTIVf SESSION: ORS 192.660(2)(i)- Nothing scheduled