MINUTES OF THE
DUNES CITY ROAD COMMISSION
REGULAR MEETING
APRIL 19, 2010

A.    Call to Order/Roll Call 

The meeting was called to order at 6:30 p.m. by Vice-Chair Curran.  

Fred Hilden called the roll call:  Vice-Chair Curran and Commissioners Leach, Owen, Sathe and Smith were all present.  Road Secretary, Maria McConnell was absent.

Present in the audience were Planning Chairman, David Bellemore and residents Bill Sathe and George Burke.

B.   Pledge of Allegiance

Vice-Chair Curran led the Pledge of Allegiance. 
	
C.    Approval of Minutes - Road Commission - March 22, 2010

ACTION

A motion was made by Commissioner Owen, seconded by Commissioner Leach to approve The Road Commission Minutes of the March 22, 2010 Road Commission meeting as submitted.  The motion was unanimously approved by 5 (ayes) and 0 (nays). 

D.   Recognition of Commissioner Sathe as new Chair of the Road Commission

Vice-Chair Curran recognized Commissioner Sathe as the newly appointed Road Commission Chairperson and turned the meeting over to Chairman Sathe.

E.	Citizen Input

None

F. 	Communications

Commissioner Smith asked if there had been any follow-up regarding the problem on Cloud Nine Road with the incomplete Qwest ground-lay wiring that was exposed in the vegetation on Mr. & Mrs. Grant's property.  He stated in  reviewing the emails, Qwest stated they "were on it" and asked what the status is.

Fred Hilden advised as of today the City hasn't received any additional information from Qwest. He stated he would call them to follow-up and recommended that Qwest be given a reasonable amount of time to correct the problem if they haven't already done so.

Commissioner Smith discussed the problems with the incomplete construction of a culvert and new driveway at 83940 Cloud Nine Road.  

Chairman Sathe stated that he would talk with Gary Rose of Leisure Excavating regarding this situation and the fact that the conditions of approval of the driveway permit have not been fulfilled.  If the problem is not resolved, he will advise staff to follow-up with a letter from the City.

G.   Unfinished/Old Business

(1)   Review and approval of 2010/2011 Budget for the Dunes City Road      Commission.

The Road Commission discussed the line items in the budget and reviewed them with interim City Recorder, Fred Hilden.  Fred Hilden advised that the Mayor and the budget committee will be tough this year and asked Chairman Sathe to provide a specific list of projects that justify the $150,000 in anticipated street maintenance by Thursday, April 22, 2010.  

Chairman Sathe, Commissioners Smith and Owen reviewed the various projects that will need to be completed.

Fred Hilden stated the Lake Blvd. project should be renamed Fish Mill Way/Lake Blvd. Reconstruction Project due to the fact that most of Lake Blvd. is owned by the County.

Commissioner Smith advised that he may have a good lead for a new computer for the Road Secretary.

Commissioner Curran thanked Fred Hilden for all his work on the budget figures.

ACTION

The 2010/2011 Budget for the Dunes City Road Commission was approved by a motion made by Commissioner Smith, seconded by Commissioner Curran and unanimously approved by 5 (ayes) and 0 (nays).

Commissioner Curran asked regarding the closing of the city/county road fund.

Fred Hilden stated the closing of the city/county fund was discussed in 2009 and again this year and it was never decided to close it.  The discussion was due to a misunderstanding of how city expenses were allocated and after the presentation Fred made at the March 22, 2010 meeting, it was his understanding that the Road Commission were all in favor in leaving the city/county road partnership fund open as it stands.  He further commented on a concern by Commissioner Curran regarding accountability, which he agreed there hasn't been any and it will be his intention in the future to provide feedback to the Road Commission of any budget changes that may effect the Road Commission.  He also invited the Commissioners to attend the Budget Committee meetings.  He further explained the process of approving the Budget and the dates of the upcoming meetings.  The budget will be approved June 10, 2010.

Commissioner Sathe thanked interim City Recorder Fred Hilden for his work on the Road Commission Budget and stated he felt very confidant in Fred's oversight of the budget process. The Road Commission agreed. 

(2)   Review of documents pertaining to the Road Commission and the Dunes City Code of Ordinances as submitted by Commissioner Smith at the March 22, 2010 meeting with suggested changes noted by Vice-Chair Curran.

Chairman Sathe turned the meeting over to Commissioner Smith to review the documents he submitted to the Road Commission.

Commissioner Smith asked Commissioner Curran to review the changes he suggested to the documents.

Commissioner Curran referenced the second page of the document "Possible Revisions to Dunes City Code of Ordinances, Title III, Chapters 32.40 - 32.49 which establish the Road Commission" under 32.46 "Current Text of Law" item (B), he felt that a number of three should be incorporated into the document as a quorum.

Commissioner Smith stated that the number 3 would be appropriate if the Commission has a full compliment of members, so the majority would be 50% plus 1, but if there are only 3 members, it would be 2.  

Commissioner Curran disagreed. 

Commissioner Owen asked if a Chairperson vote would be necessary to break a tie.

Commissioner Smith referenced Ordinance #205 of the Planning Commission and said he was making changes in line with this Ordinance.

Commissioner Smith recommended that the Road Commission state that the quorum is always 3.

George Burke stated that the Commission would have to have seven members.

Commissioner Smith stated that the Road Commission is composed of a non-voting Chairperson and a Director of Roads who is a non-officio non-voting member.

Discussion ensued regarding the current Ordinance and the suggested changes. 

Commissioner Smith reviewed Ordinance No. 205.  

David Bellemore stated it was his understanding that you couldn't count the Planning Chairman as a voting member.

Commissioner Smith stated he was asked to review the City Ordinances as to how the Road Commission should operate, the order of succession in case of a resignation, etc.  He stated that due to the resignation of the Road Commission Chairman as well as the Director of Roads recently, left the Road Commission with no direct options as to how to continue functioning.

Commissioner Curran agreed, however, he stated he wanted a document that is functional but kept simpler than the one presented by Commissioner Smith.  He referenced Item C on the second page.  He stated he didn't feel he had to give up his voting rights in order to fill in as the Vice-Chair.  He stated he had a right to vote and that is why he is a member.  

Commissioner Smith stated that a quorum is a majority of the voting members and it was never his intention to change the quorum requirements. 

Chairperson Sathe asked for the exact wording the Road Commission agrees upon.

Commissioner Smith stated this is a recommendation to the City Council and the Road Commission cannot make the final decision.

David Bellemore stated the Planning Chairperson cannot be a voting member according to the City Attorney.

Commissioner Smith stated if we aren't going to add the Chair as a voting member and if you only have two members present, you don't have a quorum.

Discussion ensued regarding the City Charter, the power of the Mayor and the ability to transact business without a quorum.

Commissioner Smith stated the main issues they want to address are the election of a Vice-Chairman and allowing the succession of power in the absence of a Chairperson and a Chairperson being able to break a tie.  He stated that a quorum is needed to meet and take action. 

ACTION 

Commissioner Leach made a motion to have the City Attorney look at this document to decide if this action is legal and if we are able to change this Ordinance.  

There was no second for the motion.

Chairperson Sathe determined that the motion died for the lack of a second and asked for a point of discussion.

Fred Hilden stated that before this document could be approved it would be reviewed by the City Attorney, therefore, a motion is not needed for review by the City Attorney.

Commissioner Curran reviewed the third page and changed the wording regarding "Minutes shall be presented as part of the Road Commissioner's report."  All agreed.

Commissioner Smith suggested that when the document goes to the City Attorney that the Road Commission would like their quorum to remain at 3 members.

Fred Hilden asked if for some unforeseen reason, only 2 members and a Chairperson remained would the Road Commission want to continue to conduct business. 

The Road Commission agreed they would not have enough members to conduct business.

Commissioner Smith stated his main concern is to give tie-breaking voting power to the Chairperson.  If the City Attorney doesn't agree, then there is no change in the quorum law.

David Bellemore reviewed Ordinance No. 205.

Commissioner Smith stated he sees this change as being in the interest of democracy because the Vice-Chair controls the power of the agenda and the running of the meeting.

Commissioner Curran reviewed Ordinance No. 205, Section 3 (D) the number 4 be changed to 3 and in Section 6 that "the applicant" include and/or the City."

George Burke commented from the audience that the applicant has the right to be heard within 60 days and in some cases 120 days is appropriate and can be extended by State Law.  

Commissioner Smith stated the State puts the impetus on the City government so they can't sit on these applications.

Chairperson Sathe asked if Ordinance 205 should be reviewed by the Road Commission.

Commissioner Curran stated he is referencing Ordinance 205 to see how it could  apply to the Road Commission.  He referenced the last page, Section 7, Emergency Clause.  He stated that this is not worded correctly.

Commissioner Smith and Chairperson Sathe stated that this was an emergency ordinance.

Fred Hilden stated that Section 7 was put in Ordinance 205 in order to pass this Ordinance at one sitting of the City Council. 

Commissioner Smith stated he was just using Ordinance No. 205 as a guide.

ACTION

Commissioner Curran made the motion to accept the "Possible Revisions to Dunes City Code" as presented by Commissioner Smith, Ordinances Title III, Chapters 32.40 - 32.49 which establish the Road Commission and request that it be adopted by the City Council.

The motion died due to lack of a second.

Chairman Sathe asked for a point of discussion.

Commissioner Smith stated he wanted to add one amendment to Commissioner Curran's motion to state that it go before legal counsel but since it will be done automatically, he would second the motion made by Commissioner Curran.

ACTION

Commissioner Curran made the motion as stated, motion seconded by Commissioner Smith, the motion was unanimously approved by 5 (ayes) and 0 (nays).

Chairman Sathe stated the document will now go to the City Attorney for his review.

 (3)  Discussion and action regarding the Road Commission's role in resolving the "playground lot" issue with the adjacent property owners at the direction of Mayor Hauptman.  Draft letter to the property owners attached for review by the Road Commissions for their approval/revision.

Chairman Sathe asked if the Road Commission members had any comments on the draft letter to Mr. & Mrs. Thomas Skeele regarding the City's request to access property owned by the City known as the "playground lot".

Commissioner Owen asked if Appendix K of the Master Road Plan should be included as a supporting document and should the letter be signed by Troy Sathe or Fred Hilden as the Interim City Recorder.

Chairman Sathe stated that Appendix K should be included.  He also stated that City staff would be the correct contact for the Skeele's to respond to.

Commissioner Smith stated that the City's Recorder is the highest legal officer of the City staff. 

Commissioner Smith stated that Appendix K is just a reiteration of Dunes City Code Resolution 6-16-94.

Fred Hilden stated he reviewed Appendix K with Maria McConnell who drafted the letter and suggested that the Appendix K be removed from the document as on the City's website, the Master Road Plan is indicated as not being an approved document and that could create a legal problem.  However, it was decided to leave it up to the Road Commission to decide to leave it in or not.

The Road Commission agreed to remove Appendix K from the letter.

Commissioner Leach asked what action the City would take if the Skeeles' don't comply.

Chairman Sathe stated the City could start fining them on a daily basis and also has the right to remove the gate and fence as it has been confirmed by Lane County they are located on the City's property.

Commissioner Owen asked that the City Council and the Mayor be copied on the letter.

Commissioner Leach, also suggested that the title Councilor be included after Troy's name.

ACTION

Commissioner Curran made the motion to approve the draft letter with the deletion of wording pertaining to Appendix K, and modified as discussed and sent to the Skeele's, motion seconded by Commissioner Smith.  The motion was unanimous with 5 (ayes) and 0 (nays).

Commissioner Smith stated a Mechanic's Lien could also be part of the action the City can take.  

H.	New Business

(1)  Introduction of 2011 Special City Allotment Grant Program and review of report completed by former Chair Rob Quandt regarding Dunes City Fish Mill Way/Lake Blvd. Restoration Project.

Fred Hilden stated he would be able to fill out this Grant Application but asked for assistance from the Road Commission members.  

Chairman Sathe stated that the Road Commission would like to proceed with applying for this grant.

ACTION

Commissioner Smith made the motion that staff move forward with the 2011 Special City Allotment Grant Program, motion seconded by Commissioner Curran.  Motion and second were unanimously approved by 5 (ayes) and 0 (nays).

Commissioner Smith added that he felt former Chair Quandt was very supportive of this Grant due to the fact that it represents a tourism aspect of the project being connected with a lodging area and, therefore, ODOT would like at favorably.

(2)  City Council has requested that the Road Commission prepare a plan to identify water lines to the households on Woodland Lane connected to the city owned easement on Francis Bay Lane and review recommendations to remedy the situation.

Chairman Sathe stated the only way he sees this working is if the City builds a box going all the way to the lake on Francis Bay Lane which is only 15 feet long and all the property owners put their pipes in there and its done.  For example a raceway box that has a lifting lid that identifies each pipe to each property owner.

Commissioner Smith didn't think Chair Sathe's suggestion would work and that the Conservation Committee would not allow it because it would create an impermeable surface that will run straight into the lake.  He also stated that the motion made at the Council meeting did not limit this to just Woodland Lane and he did not understand why the Road Commission got tasked with this job as we already have a lot of other items to attend to.  He recommended that this task be assigned to another city agency that it applies to.

Commissioner Owen stated that it is her understanding that the problem lies with the lines that are located on private property and not the ones that are in the roadway easement and that's not our jurisdiction.

Fred Hilden stated there is a lot of concern that the City may have liability because we have water lines that carry water from the lake to the house and this is accomplished by a 110 or 220 volt electrical line that goes from the house to the pump in the lake and typically lays in the same trench with the water line.  Many of these were installed many years ago when no one was keep track of them or even before Dunes City even existed.  However, now there is a liability of having unmarked electrical lines in the City's Right-of-Way should someone be injured if they are digging in that easement and that could happen if a resident were to request a ROW Use Permit to put a water line down that easement, the City would not be able to deny them that request as there are already others doing that.  This would create a huge liability for the City.

Commissioner Smith agreed the Road Commission controls the City's ROW, however, coming up with a plan to identify all the water lines for Woodland Lane and Francis Bay Lane and working our way out from that area to find out where everyone else's water lines are, will be including a lot of privately owned land.

Commissioner Owen stated she and members of the Road Commission visited the area and she didn't see the problem of the lines being above the ground in the road easement but only on the private property and suggested that a survey be conducted.

Commissioner Smith stated that the water lines started in the easement then cut into private property.

Chairman Sathe stated that since the City Council did direct the Road Commission to come up with a plan that a sub-committee of the Road Commission be formed to look at this problem.

Commissioner Curran stated that he didn't think it was the Road Commission's domain and that it should be handled by the Conservation Committee or Site Review.  The Road Commission is aware of the problem but it’s a waste of our time, money and energy.  He stated it is a community problem and they should solve that problem and we should also issue a statement saying that no more water permits will be granted on that property until the problem is resolved and that would eliminate the City's liability.

Chairman Sathe stated he would still like to see the Road Commission make some kind of effort or rules to solve the problem of the lines that will go into the City's ROW.

Commissioner Smith agreed with Commissioner Curran and stated that it is already tight on Francis Bay Lane and the City could say that the water lines in that area are at maximum capacity.  He stated that any problems that could arise in the future, such as leaking lines causing erosion, etc. would be a concern of the Conservation Committee.
He suggested the Road Commission could come up with a plan and recommend it to the Planning Commission since they are the ones who deal with land use.

Chairman Sathe stated he agreed with the Road Commissioners but being the City Council requested that the Road Commission come up with a plan, he would like to help resolve this issue.

Fred Hilden stated staff would usually be in charge of this but currently we are stretched to the limit and again, there is a liability issue and the City Recorder made a recommendation to the City Council that they make a motion to have the Road Commission put together a plan to deal with this.  Whatever plan the Road Commission recommends would have to go before the City Council for approval and it would be up to the City Council to implement it.

Commissioner Smith asked who approves the right for someone to tag onto the City's water rights.  

Fred Hilden replied that the City Recorder approves the water rights to all who apply.

Commissioner Owen asked if there is a way to figure out what property owners are involved.

Fred Hilden stated he was not sure and that they could identify those who have permits but that would not necessarily include everyone in that easement.

Commissioner Owen stated that the City needs to conduct a survey to see where the City's lines are in that easement.

Commissioner Smith recommended using the existing information that the City has recognizing that it isn't complete.  For example, Mr. Gregor has a State water right and we don't track his usage.  He recommended that those that have permits will have to identify their line so we can comply with the law.

Chairman Sathe recommended that the Road Commission come up with a plan that includes a survey, the raceway box suggestion, or any other suggestions the Road Commission has and submit that to the City Council.

Commissioner Leach stated we should only be concerned with the lines that are crossing our easement.

Commissioner Curran stated it is a "spaghetti junction."

Chairman Sathe explained what a raceway box is.

Commissioner Owen asked who will pay for this.

Chairman Sathe it would be the property owners option to include their pipes in the box.

Commissioner Owen reiterated that problems on private properties are not the City's responsibility.  She referenced a resident in the area that resolved the problem without the City's involvement.

George Burke stated that the State regulates depth of the water/electrical lines and you need a State permit to put those in so they are already regulated by the State so the City wouldn't have any part in the permitting of it.  The only thing the City would be involved in is the use of their easement.  He stated there is no way to tell who owns which lines without disconnecting all of them to see where they lead.

Commissioner Leach stated the Road Commission only needs to address those that are connected through the City owned easement.

Chairman Sathe asked Commissioner Smith if he would draft up a summation of what the scenario is.

Commissioner Smith declined.

Commissioner Owen asked Fred Hilden if she could come into City Hall and look at the water permits to help in the process.

Fred Hilden agreed that it would be a good idea.

Commissioner Owen stated she would begin the process of locating what property owners have located their lines in the City's easement and she also recommended that a survey be conducted of the area.

Commissioner Curran asked what it is the City Council wants us to review.

Fred Hilden stated the wording of this item was made with very little input from the actual City Council discussion.

Commissioner Smith reviewed the City Council discussion and recommendations made by Councilor Mills.

Commissioner Leach stated he would put together a map to locate the actual water lines as a guide.

Commissioner Curran recommended that this item be included in May's agenda under "Old Business."

Fred Hilden stated there is money budgeted for the Road Commission to take action to spend money on a survey if needed.

I.	Unscheduled Items Not Listed on Agenda

Chairman Sathe stated that he and Fred Hilden reviewed a Vegetation and Tree Removal Right-of-Way Permit from George Mackenzie and was a request from his renter.  He stated the removal of this vegetation is due to the Salal growing in the ditch that is causing water to come into the property owner's front door.  They need to remove the vegetation in order to dig a ditch there and direct the water into a culvert.  

Fred Hilden stated it is about 50% of Salal and several small trees located in the area.

Commissioner Smith asked if there is a plan to re-seed the grass area.

Chairman Sathe stated the resident has been advised to do so.

ACTION

Commissioner Smith made the motion to approve the Vegetation and Tree Removal Right-of-Way Permit at 5290 Berry Lane as stated with the re-vegetation plan as a requirement, motion seconded by Commissioner Curran.  Motion unanimously approved by 5 (ayes) 0 (nays).

Chairman Sathe stated there is a dangerous tree located on South Pioneer Lane which is a Myrtlewood bush that is running through the power lines and recommended that city staff call PUD to clear out the brush in that area.  

Fred Hilden stated he was not sure that the lines through there belong to PUD.

ACTION

Commissioner Smith made the motion that Central Lincoln PUD inspect the site to make sure that it is not their power lines and if it is, that they remedy the situation and if it is not that they notify the City who owns them, the motion was seconded by Commissioner Curran and unanimously approved by 5 (ayes) and 0 (nays).

Commissioner Curran thanked all the members of the work party who participated on Kiechle Arm.  He stated there is still more work to be done and asked for volunteers for Saturday, April 24, 2010.  Commissioner Owen stated she would assist Chairman Sathe and Commissioner Curran.

Commissioner Smith discussed trailers listed for sale on Craigslist and one in particular that had all the assets the Road Commission would need and was attempting to contact the seller who lives in Eugene.  He stated he would keep the Road Commissioners updated on the information.

Commissioner Curran asked where it would be parked.

Chairman Sathe recommended it be parked at City Hall.

Chairman Sathe asked for the Road Commission's approval of making the purchasing decision the responsibility of Commissioner Smith.

ACTION

Commissioner Curran made the motion to approve Commissioner Smith's ability to purchase a trailer for the Road Commission's use, motion seconded by Commissioner Owen.  Motion was unanimously approved by 5 (ayes) and 0 (nays).

Commissioner Leach stated there is quite a bit of mud on the road on Woahink Drive and he had questions about culverts and was wondering why culverts were not required of this property owner.

Chairman Sathe stated there are dump trucks going in and out of a property where a septic system is being constructed.  There isn't a driveway permit.

Commissioner Smith stated that the property owners should apply for a driveway access permit before any construction is done on the property.

Chairman Sathe recommended a site inspection and contacting the property owners to let them know they need a driveway access permit.

Fred Hilden asked for an address.

Commissioner Leach stated there is no address posted on this property but the next door address is 5530 Woahink Drive on the east side and the owner's name is Thomas.
There is a fifth wheel parked there and workers on the site.

Chairman Sathe asked for a site inspection for the Commissioners who have not visited the site.  

Fred Hilden stated that Lane County requires a Land Use Compatibility statement by Dunes City before they approve a septic permit.  The City should have information on file for this property.

ACTION

Commissioner Smith made the motion to direct City staff to see if they have the correct permits and if not they be contacted by city staff to apply for the permits, motion seconded by Commissioner Curran.  Motion unanimously approved by 5 (ayes) and 0 (nays).

George Burke asked where the City stands in regard to the Fish Mill road improvements.

Chairman Sathe stated the City has to pass the budget before they can begin the work.

George Burke stated that the money has already been approved in the budget and he has been going through this for eight years and this is the third time the work hasn't gone out to bid by April and nothing ever gets done.

Chairman Sathe stated the Road Commission has every intention to put this out to bid this year.

George Burke stated there is a lot of work that needs to be done before it is put out to bid according to former Chair Rob Quandt and none of the prep work has been done.   It could take two months just to get the job ready to go out to bid.

Commissioner Curran stated they are shooting for a week after the fourth of July weekend  to begin work on Fish Mill Way.  He stated the Road Commission can't do anything until they actually have the money in the budget.

Commissioner Smith stated that when Chairman Quandt referred to this year's budget, he was referring to the fiscal year 2010/2011 budget, not the 2009 when the money was not budgeted for Fish Mill Way.  

George Burke did not agree and stated it is in the report that Chairman Rob Quandt wrote that the money is already in the budget.

Discussion ensued regarding the work that needs to be done and the engineering tasks that need to be in place.  Mr. Burke submitted plans dated September, 2009 indicating that the work was going to be done last year.

Chairman Sathe stated he would talk to Dyer Partnership regarding their scheduling of this work.

Fred Hilden stated that George Burke is referencing an email he is not familiar with, therefore, he was unable to comment on it.

J.	Adjournment

ACTION

Commissioner Curran made the motion to adjourn the meeting at 9:30 PM, motion seconded by Commissioner Smith and unanimously approved by 5 (ayes) and 0 (nays).

Signed copy available at City Hall
Troy Sathe, Chairman

Signed copy available at City Hall 
Fred Hilden, City Recorder