MINUTES OF THE
DUNES CITY ROAD COMMISSION
REGULAR MEETING
MAY 17,  2010

A.    Call to Order/Roll Call 

The meeting was called to order at 6:30 p.m. by Chairman Sathe.  

Fred Hilden called the roll call:  Present were Chairman Sathe, Commissioners Curran, Leach and Smith.  Commissioner Owen was absent and excused.  Road Secretary, Maria McConnell was absent and excused.

Present in the audience were residents Bill Sathe, George Burke, Ron Tucker, John & Betty Angeli, Ken & Charmaine Pesnell and Mike & Miriam Cocciolo. 

B.   Pledge of Allegiance

Chairman Sathe led the Pledge of Allegiance. 

Chairman Sathe asked members of the audience who wished to speak before the Road Commission to place their names on the sign-up sheet.
	
C.    Approval of Minutes - Road Commission - April 19, 2010 

Commissioner Curran questioned page 9, 3rd paragraph spelling error, change "like" to "look."  Commissioner Smith added the words "at it."

ACTION

A motion was made by Commissioner Curran, seconded by Commissioner Smith to approve The Road Commission Minutes of the April 19, 2010 Road Commission meeting as corrected.  The motion was unanimously approved by 4 (ayes) and 0 (nays). 

D.   Swearing in of New Road Commission Member

Chairman Sathe introduced new Road Commission member, Duke Wells.  Mr. Wells was sworn in as a member of the Road Commission by Chairman Sathe.  Mr. Wells and Chairman Sathe signed the Oath of Office and Mr. Wells was seated at the dais.

E.	Citizen Input

Chairman Sathe advised the members of the audience who wished to speak that there is a recommended three minute limitation to make a presentation.

Mike Cocciolo, 5456 Canary Road, Dunes City, was recognized and stated he might need more than 3 minutes to make his presentation.  He wished to speak about Green Gate Road and stated the road terminated where the pavement ends at the southwest corner and there is a continuation of a gravel road of approximately 200 ft. before it terminates at the north and south boundary of Woahink Ridge.  He referenced maps that he had supplied and past conversations he had with former Road Chairman and Councilor/Mayor Bob Petersdorf.  He cited Dunes City's own "finding of fact" that includes developer's need to continue improvements that they make on their property have to be continued to the next property owner.  He read from the Dunes City's "finding of facts" document that included the wording "continuation by a subdivision or partition shall provide for the continuation of major or secondary roads."  He stated that twenty years ago he subdivided several acres and one of the conditions of approval of the subdivision that he made with then Mayor Petersdorf, was that he was to leave the 50 ft. panhandle going east out to his property corner and indicated  from the overlay map of Woahink Ridge where the paved road actually ends a couple of hundred feet from the panhandle that he was required to leave.  He stated that when this development took place, a provision was made for Dunes City to acquire the Lane County piece of property (tax lot 300) and the City was in the process of acquiring that property and he was then going to give a corner of his property to make it possible for a right-of-way for this road.  He stated he went on vacation for approximately a month and felt secure that everything would go as planned, however, when he came back, was told by his neighbor that a paved road was installed and ended 150 ft. from the panhandle that left a gravel gap.  He stated he pointed this out to Dunes City and he was assured there would be a resolution to this problem.  Mr. Cocciolo referenced Exhibit "B" Addendum by a Dunes City Attorney and a settlement he agreed to which provided that he be held harmless and did not have to pave that road because if any one developed past this road on the 40 acres that are there, Dunes City would provide 22 ft. of pavement and 50 feet of easement to 12 ft. of gravel.  He stated at that time he was ready to agree to this arrangement but he was told by then Mayor Petersdorf that the developers were going to come back to the table and he should hold back on signing the agreement because the developers had let their permits expire and now the City had more clout with the developers and one of the things that the City is going to get fixed right is the road.  

Mr. Cocciolo stated all the re-negotiations on the Woahink Ridge subdivision have just been completed, and the road situation was not addressed.  He stated he has estimates of $3,000 to run utilities and rough estimates of $18-20,000 to run the road in.  He stated he has talked to Councilors Ruede, Navetta, Howison, Mills and City Recorder, Fred Hilden as well as Road Chairman/Councilor Sathe.  He stated he has been advised to just wait and he is hoping that something will happen soon to resolve this situation.  He stated there are several other people fighting with the developers over the easements and other situations connected to this development, they are the Murdock, Wilson, Carter and Baker families who own adjacent property.  He has thought about just putting gravel on this 200 ft. of roadway and letting it go at that.  He stated, however, Mr. Murdock is an attorney and a judge and he is interested in pursuing this matter further.  He stated that Councilor Mills asked if Dunes City was willing to fix the road right the way it should be, would he be willing to pay the $3,000-4,000 for utilities. He stated he is not agreeable to this solution.  He stated he also had a dispute over the fence and it cost approximately $20,000 to fix it and he negotiated with the developers in order to keep the peace, he paid $7,000 of the cost.  

Mr. Cocciolo asked the City to resolve this situation as soon as possible as it has been going on since 2007 and he feels he has been very patient and has talked to every one in the City offices to explain his predicament.  He reiterated his conversations with Bob Petersdorf who advised him to leave the 50 ft. panhandle for an orderly continuation of a Dunes City street and said he was assured the City would take care of it within the next two weeks and here he is  three years later and nothing has been done.

Chairman Sathe advised Mr. Cocciolo that he could not resolve this situation on his own as he is a non-voting member and he would have to have the support of the Road Commission.

Commissioner Smith asked if he is asking Dunes City to build the road or pave it.

Mr. Cocciolo stated his understanding was that Dunes City would require that the Lane County piece be deeded to the developers with the understanding that they were going to use that 50 ft. as their easement to get over to his property's  west line and then require the developers to pave the 22 ft. and bring the utilities in and none of this ever happened.  He stated he has been in real estate for 35 years and he knows what is required of a developer and doesn't understand why this was not the case in this development process.

Commissioner Curran asked Mr. Cocciolo why this road issue isn't entirely the responsibility of the developer.

Mr. Cocciolo stated he did not know why the City's negotiations with the developer did not include this road issue.  He stated that Rob Ward knew what the situation was and chose not to resolve it.

Commissioner Smith stated the Road Commission is not privy to the negotiations made between the City and the developers.  It appears at this stage the City doesn't legally have the land to connect these roads.

Fred Hilden described the placement of the road and it what is owned by Woahink Ridge and what lands would have to be acquired in order to extend the road to the west property owner.

Discussion ensued regarding the location of the roads/lot.

Commissioner Smith asked if Green Gate Road is a City Road or a County Public Access Road.

Fred Hilden stated as part of the approval of the final plat, there are two things that will occur; the gateway road that was the County road will be vacated and at the same time Green Gate Road will be dedicated to the City by the developers.

Chairman Sathe stated a site inspection is scheduled for this month and the findings are to be presented at the next City Council meeting with recommendations to resolve this issue.

Commissioner Smith recommended an alternate course of action and stated if it is a County Public Access road and the developers aren't willing to develop it, perhaps the County should bring it up to City specifications before vacating it and turning it over to the City.

Chairman Sathe stated they are looking into that course of action also.

Mr.  Cocciolo stated that he spoke to the County and stated they were not interested in getting involved.

Fred Hilden stated it is within Dunes City Limits so, therefore, it is our issue to deal with.

Commissioner Leach stated the developer was supposed to build the road and the only function of the City is to maintain the road.  He felt that the road should have been the developer's responsibility and didn't feel the City had responsibility for the road being built.  

Chairman Sathe stated another option would be to vacate the land to the other property owners.  

Chairman Sathe thanked Mr. Cocciolo for his presentation and advised that they are waiting direction as to what the City's legal settings will be.

Kenneth Pesnell, Tax lot # 911, Dunes City, was recognized and stated he bought this lot in 2008 and he has been in touch with the City as to requirements to develop this lot every step of the way.  He stated he visited  City Hall last year and was told he didn't need a driveway permit because his driveway was not connected to a Dunes City Road or County Road, its all private access.  He proceeded to put the driveway cut in but during a recent visit to City Hall regarding a water meter, he was now being advised he might need a driveway permit after all.

Fred Hilden stated that he does not need a driveway access permit but a driveway permit.

Commissioner Smith stated that he was told that Meadow Lane Street was a City street by the Road Secretary and asked if he had been misinformed.

Fred Hilden stated he would like to make a point of clarification regarding Meadow Lane, and stated a portion of this street was deeded to the City as part of the development but it continues on to a private easement.

Mr. Pesnell stated it was his understanding that Dunes City ends at his lot line.

Commissioner Smith agreed that Mr. Pesnell would need a driveway permit but not an access permit.

Chairman Sathe asked the Road Commissioners to name a time they could look at these two properties to review their driveway permits.

Commissioner Smith stated he could meet Thursday, May 20, 2010 at 5:30 p.m. to view the site for the permit on Meadow Lane.

Chairman Sathe stated the Road Commission needs a site review to approve the driveway permit and they need to vote for approval.

John and Beatrice Angeli, 5353 Pluto's Promenade, Dunes City were recognized and stated that Chairman Sathe visited their property and they were very appreciative of his quick response.  Mr. Angeli stated he wants to put in a second driveway to park his boat on his property.  They discussed the location of their property in proximity to the lake and the location of their septic system.

Chairman Sathe asked the Commissioners to agree on a time to review the permit for Mr. & Mrs. Angeli and make a site inspection.  It was agreed to meet on Pluto's Promenade May 24, 2010 at 5:30 to review the permit.

F. 	Communications

        (1)  Budget Committee voted their approval to assign former Director of Roads, Gary Baker, to apply for grants for the City's Road Projects.

Chairman Sathe advised that the Budget Committee agreed to commission Gary Baker to apply for Grants for the City's Road Projects.

Fred Hilden stated that the Budget Committee approved the Road Commission Budget with no modifications.

Commissioner Curran asked if Gary Baker has been contacted.

Fred Hilden stated he will have Maria McConnell contact him as soon as possible.

G.   New Business

	(1)  Presentation by Mr. and Mrs. Skeele regarding validation of documentation regarding playground lot.

Mr. & Mrs. Skeele did not appear at the meeting.

	(2)  Review of Commissioner Curran's report regarding legality of City streets per Resolution of City of Dunes dated April 5, 1973.

Commissioner Curran addressed the Commission and stated being the Road Commission is looking at roads to repair, it would be beneficial to know if the City actually owns the roads that are scheduled for repair.  He stated he has discovered in researching City records that some of the roads we have fixed in the past, the City may not have owned them.  He referenced a Resolution of the City of Dunes dated April 5, 1973 that was included in the packet and stated this document reads that under certain highway funds certain sums of money are going to be allocated for Cities to be used for construction, reconstruction, repair, etc.   Commissioner Curran read the document which includes a list of roads which he read to the Commissioners.  He stated he became aware of this Resolution when he was researching the City's ownership of Alder Lane which is on the list for re-pavement this year.  

Commissioner Curran pointed out that Shady Lane is listed in this Resolution as a City road.  He stated that he was told that Shady Lane was a private road and was owned by the citizens who reside there.  He stated this information is incorrect and it is not on his deed or any of his neighbor's deeds.  

Commissioner Curran also referenced a paragraph referring to a "Resolution of the City of Dunes dated July 9, 1966, pertaining to the creation and construction of a road to the North Beach section of Dunes City connecting at South Pioneer Drive is hereby rescinded."   Commissioner Curran stated it doesn't look like South Pioneer is a City road after all according to this Resolution.

Commissioner Curran referenced other documents included in the Road Commission packet that concern Shady Lane.  He stated he spoke with Tim Sapp, a local realtor who stated he would be happy to help Dunes City clarify road ownership in the City.  He stated that many of the statements made in the documents were not fact just as he was told that Shady Lane was not a public road.  He stated that the issue of road ownership needs to be addressed by the City.

Commissioner Smith asked where the information is that states Shady Lane is a public road other than the Resolution from 1973.  He questioned the accuracy of the Resolution as it also lists Boy Scout Road as a City road and it is a County road and Pioneer Road is part of the Tsiltcoos Lake Club Plat, which is not owned by the City but is listed as a City Road.  

Commissioner Curran read a survey report for a partition plat for Albert Gnau.  The proposed plat indicates a 20 ft. road, Shady Lane, along the east side of a partition property and according to public record the road does not appear to be a public road.  Commissioner Curran stated that just because they couldn't find proof that it is a public road doesn't mean it is so.

Commissioner Smith stated there is no legal precedent that it is a public road and argued that no proof to the positive is also no proof to the negative.

Chairman Sathe introduced comments that were submitted to the Road Commission by Commissioner Owen by memo regarding her input in this discussion.

Chairman Sathe stated that Commissioner Owen wanted the name of the Fish Mill Way project be kept as is so it didn't become confused with the County owned portion of Lake Blvd.

George Burke stated that Lake Blvd. is in Dunes City and 90% of the work is going to be done on Lake Blvd. so he didn't understand why the name change would create any confusion.

Commissioner Smith stated the City doesn't want any one to make the assumption that any work is being done on the County owned portion of Lake Blvd.

Fred Hilden stated he supported the Lake Blvd. project name, however, Commissioner Owen in speaking to others in the community was informed they were under the impression the City was doing work on a County road and the name change is just about perception.

Chairman Sathe also included Commissioner Owen's comment that So. Pioneer is not a City street.

Commissioner Leach referenced the 1973 Resolution discussed by Commissioner Curran and stated there are many names missing from this Resolution.  He stated the City needs a list of all the current roads.

Chairman Sathe stated that the Pavement Management System report compiled March 2009, includes the most concise list of City owned roads.

Fred Hilden stated the PMS report that was completed by Gary Baker and Rob Quandt is the most concise list of roads that we have, however, the subdivision plat maps need to be verified as to which roads have actually been dedicated to the City and which of them have not.  The Resolution of 1973, in his research of the document, was done solely for the purpose of putting forth to the State of Oregon a certain number of streets that would allow the City to qualify for State funds.  The ownership of those streets were not documented and, as has been pointed out by Commissioner Smith, many of them are not in the City.  The Road Secretary is going through all the subdivision plats which will include the Albert Gnau plat that includes Shady Lane, to see what roads have been dedicated to the City.

Commissioner Smith asked where it was found that So. Pioneer Road does not belong to the City.

Chairman Sathe stated there is a 1975 document that takes Pioneer Road off of the City's road list and put back into the Tsiltcoos Lake Club Plat.  He also recommended that the Road Secretary reference a map that he and former Road Commissioner David Persons completed for submittal to ODOT earlier this year as a source of information for roads that belong to Dunes City.

Commissioner Curran referenced Minutes from 1993 where it is stated that the City does not want to deal with the issue of Shady Lane and connecting it to public streets.

Commissioner Smith commented on the RIP illustration also contained in the handwritten Minutes.

(3)  Commissioner Smith's report on trailer purchase for the Road Commission.

Commissioner Smith reported on the trailer he had copied photos of to the Road Commission and was hoping to purchase.   He stated he was not sure of the craigslist listing as the contact person had not been responsive to emails and then suddenly announced that the trailer could be seen in a Springfield parking lot.  He stated he is now looking into other trailers and distributed copies of photos of different options possible.  He did inspect the trailer located on 101 and the owners are asking $1,500 for it which is more than the City's budget for a trailer.  He stated he will continue looking for trailers.

Commissioner Wells commented on the photos submitted and recommended one of the trailers.  

Discussion ensued regarding the appropriate size needed to haul brush and trimmings.

Commissioner Smith stated he was disappointed that the craigslist trailer had not worked out as it was the best one for the needs of the Road Commission, however, he would follow up again with the contact but was not optimistic that the trailer was still available.

Chairman Sathe thanked Commissioner Smith for his work in looking for a trailer.

(4)  Commissioners Owen and Leach to report on Francis Bay Lane.

Commissioner Leach referenced and distributed his report of the inspection made by him and Commissioner Owen on the water line placements and electrical wiring on Francis Bay Lane, a City owned easement.  As Commissioner Owen is not present at tonight's meeting, he will be making the presentation and answering any questions regarding the report.

Commissioner Leach stated they didn't see any problems with the upper section of Francis Bay Lane where it intersects with Woodland and didn't see any problems with pipes or water lines or anything that would present a liability for the City.  He stated that Francis Bay Lane does not provide easy access to the lake.  He counted about 10 straws that go out into the lake, all in the water.  The only pipes he saw that were above the water was one new system which had a shut-off pole and a Dunes City approved document on the post.  There was another one with a line coming out of it that didn't appear to have an electrical hook up but it was on the ground.  All of the others are underground and may not be on our map.  He stated that once the pipes leave the lake area, there are no visible lines so they are either under our easement or on the Gregor's property.  The only open trench there now is the one Gregor put in for his electricity.

He concluded that a survey should be done to determine if the City has liability or not.  If there is a liability issue, then he recommended a course of action of contacting the property owners located on Clear Lake and asking them to rectify the situation and for them to get the proper permits for electrical and bring their water lines up to code.  The Road Commission cannot say anything about their water rights. 

Commissioner Smith stated he agreed with Commissioner Leach that Francis Bay Lane is not an easily identifiable pathway to the lake and looks like part of the adjacent property owner's land.  He stated, however, the City has control of the easement and we have granted the property owners use of our right-of-way for their utilities and we should be able to specify to them that they must identify their line and bring it up to code in order to continue to use our easement.  He stated this will most likely open up a can of worms, but this issue has been that way to begin with.

Commissioner Leach stated he didn't see where the lines were on the City's easement, except for the one that has a permit on it and another that wasn't clear where it went.  It looks like they all go through Ken Gregor's property.

Commissioner Curran stated when he viewed it he also noted that the lines were on Gregor's property.

Commissioner Smith asked if the City Council would be acceptable to a survey being made and posting of notices on the site announcing "No Digging - Underground Utilities" on the Francis Bay Lane easement.  He stated the signage might protect us from liability.

Commissioner Curran agreed with this solution and stated it was proactive and a notice to anyone thinking of digging there.  

Commissioner Leach stated he was assigned to report to the City what he and Commissioner Owen observed then it was up to the City to make the decision on how to resolve this situation.  He hopes that the City Council will take it from here.

Commissioner Curran made a motion.

Commissioner Smith asked if a motion is made to send this item to the City Council, he would like the Road Commission to add recommendations to the motion.

Chairman Sathe stated we can add an amendment on to Commissioner Curran's motion or we can make a new motion.

Commissioner Curran asked Commissioner Smith to make his recommendations now and add them to the motion on the table.

Commissioner Smith agreed and stated that in addition to sending this to the City Council, he suggested we sign the area and mark it as we stated with underground utilities with a survey.  We need an exact specific survey of that area so the City knows what they own and then sign it appropriately to avoid any possible mishaps with someone digging there inappropriately.

Chairman Sathe stated a recommendation for a  survey is already in Commissioners Leach and Owen's report, so we need to add the signage.

ACTION

Commissioner Curran made the motion to accept the report as submitted and forward it on to the City Council and to add an addendum stating that we recommend that the City have the area surveyed and to add a sign warning the public that utilities are located on this site and no digging should occur, motion seconded by Commissioner Smith.  Motion and second approved unanimously (5) ayes and (0) nays.

Chairman Sathe stated the Revised Report on Dunes City road:  Francis Bay Lane with the added requirement of signage, needs to be turned into Fred Hilden by June 3, 2010 to include in the City Council Packets and he will include it in his Road Commission report.

H.	Unfinished Old Business

(1)  Discuss appropriate actions the Road Commission will take if Mr. & Mrs. Skeele fail to comply with request to remove the fence and gate from the property located in the Dunes City Limits after the 30-day deadline expires.  Proposed recommendation to City Council to have a contractor remove the fence.

Chairman Sathe updated new Road Commissioner Wells on this agenda item.  He also advised the Road Commission that a letter had been received from Attorney Zack P. Mittge of Hutchinson, Cox, Coons, DuPriest, Orr & Sherlock, P.C. a law firm representing T&K Lands, LLC (Thomas & Kippy Skeele). This letter is in response to the City's certified letter of April 29, 2010 signed by Chairman Sathe requesting that Mr. & Mrs. Skeele remove the fence and gate that is currently blocking the City's access to its own property as well as blocking a public right-of-way.  The letter from Mr. Mittge basically asks for the City to relinquish rights to the playground lot by signing a quitclaim deed.

Chairman Sathe asked the Road Commission what action they wanted to recommend to the City Council in view of the possible non-compliance of the request by the City to Mr. & Mrs. Skeele to remove the fence and gate.  He reviewed his conversation with Mr. Skeele and his invitation to them to attend tonight's Road Commission meeting in order for Mr. Skeele to present his evidence that the information the City had, including the Title to the property, were not legal documents.  He stated that Mr. Skeele apparently chose not to appear at tonight's meeting and instead has had his attorney present the City with a letter requesting the City quitclaim the playground lot which would not be in the best interest of the City.  

Commissioner Smith explained a quitclaim deed and stated if the City signed the document the City would then relinquish any interest or authority over the property.  The fact that they are asking the City to sign a quitclaim deed would inherently, by default,  assume that they are acknowledging that the City has legal ownership of it.  In addition, they haven't produced any documents to the contrary, while the City has provided numerous documents that we own it which leaves the burden of proof with the Skeeles.  Commissioner Smith stated that at this time he is ready to send a recommendation to the City Council to bulldoze the fence.  This has gone on for five years too long and they are telling us that we don't own this property.

The Road Commissioners discussed the possible procedures to pursue to resolve this situation.

Chairman Sathe asked the Road Commission if they agreed that the City should have a police presence there when they take down the fence.

George Burke recommended that the City have the site surveyed first.

Fred Hilden stated it is his understanding that the Lane County Surveyor determined that the fence is inside the Dunes City Limits which gives us jurisdiction and Mr. Burke's point is that if in fact the City limit survey markers on the edge of that property are three feet on the inside of the fence, then the City probably doesn't have jurisdiction and only an independent survey would prove that.

Commissioner Smith stated that once you get beyond the bounds of the road easement, you are on private property.  

Fred Hilden stated the road easement is his point exactly and if it's outside Dunes City Limits then it is outside our jurisdiction.  It won't matter if it is a City right-of-way, private property, road easement, etc. and will be the responsibility of the County to acquire access.

Chairman Sathe stated the Road Commission should recommend that the City Council get an absolute survey and if it is found within the Dunes City Limits, then we need to have someone remove it and have a Sheriff's presence there.

Commissioner Smith stated there are two issues involved; the fence that has been erected though a public right-of-way within Dunes City Limits and we are assuming that the Lane County Surveyor is correct.  However, if  the fence is outside of the Urban Growth Boundary which means it is outside Dunes City, then we have a separate issue which is the blocking of our public legal access to our own property, lot #700.  At that point, we cannot take the fence down but we can sue the Skeeles for access to our property.

Chairman Sathe advised the Road Commission that the Road Secretary had prepared a time line for this agenda item and it will be provided to the Commissioners.

Chairman Sathe stated that the entire fence needs to be removed.  Mr. Skeele can run his fence to his property line.  If he moves the fence back, then it will be on County property and it will be up to them to deal with this problem.

Chairman Sathe confirmed that the Road Commission is in agreement with the following recommendations: (1)  Having a survey conducted, other than the County's survey.  (2)  If the survey proves that the fence is within Dunes City Limits we would order that the fence be removed with the County Sheriff present, and  (3)  The cost of the fence removal be charged to the Skeeles.

The Road Commission agreed that the survey will be conducted by the City at the City's cost.

Commissioner Smith added two more conditions as follows: (1)  That if it is determined by the survey that the fence is not inside Dunes City Limits, the City Council should advise Lane County and have them remove the fence.  (2)  The City should consider suing the Skeeles for access to the City property.

ACTION

Commissioner Smith made the motion that the Road Commission make the following recommendations to City Council:  

(1)  That the area in question on Foothill Drive be thoroughly surveyed to determine whether the fence is within Dunes City Limits.

(2)  If the survey does prove that the fence is within Dunes City Limits, we recommend that the fence be removed immediately.  That police presence be requested for the protection of all workers involved.

(3) That the bill for all services with the exception of the survey costs, be billed to the Skeeles for payment.

(4)  If the survey determines that the fence is not within the City Limits, the Road Commission's recommendation is that the City Council turn the removal of the fence from the public right-of-way over to Lane County. 

(5)  That the City consider legal action against the Skeeles for legal access to lot #700 (the playground lot) that is owned by the City.  

Commissioner Curran, seconded the motion.  The motion and the second were unanimously approved by 5 (ayes) and 0 (nays).

 (2)  Discussion of voting rights of Chairperson to break a tie and establishment of Vice-Chair position for the Road Commission.

Chairman Sathe stated this issue has been discussed at past meetings and Fred Hilden stated he was going to check with the City Attorney on this subject and he hasn't been able to have that discussion as of this date.

Commissioner Smith made the motion to postpone discussion on this item until the next regularly scheduled Road Commission meeting of June 21, 2010, motion seconded by Commissioner Curran.  Motion and second passed by unanimous vote 5 (ayes) and 0 (nays). 

(3)   Review and possible revision of Leisure Excavating's conditions of approval for driveway access permit for 83940 Cloud Nine Road. 

Chairman Sathe stated he would like to express his opinion on this item.  He stated he wants to keep everyone up to date on the situation because he doesn't want a repeat an incident like this in the future.  He stated the Road Commission members went out and took a look at the property when the driveway permit it was first proposed and the Commission had decided to have the property ditched to the west property line, however, the permit letter has the wrong directions on it listed in the conditions of approval.  He stated that Gary Rose of Leisure Excavating completed the work required of him as indicated on the permit.  Chairman Sathe reviewed the letter and the permit with the Road Commission and concluded everything that was required of Mr. Rose has been completed.

Commissioner Smith stated that he respectfully disagreed and felt that Mr. Rose is "dicing words and splitting hairs" because there is no southwest directional on that road.  The road runs northwest and southeast, there is no southwest property line on Cloud Nine Road.  He indicated on a Dunes City map the directions of the road and stated that in his opinion,  Mr. Rose chose which ever one was the easiest one for him which was to run uphill northwest and put in a small 10 ft. trench and there is no 40 ft. of rock running southwest or else it would be cutting into the property itself.  He stated that Mr. Rose hadn't complied with what was expected of him and if he needed direction, he could have contacted the Road Commission or City Hall for clarification.  He reiterated that south is downhill, that is the only direction south goes on Cloud Nine Road and he felt this excuse was a "no brainer" to him and didn't agree that the answer Mr. Rose gave that he was given a wrong direction so he didn't have to complete the job.  

Chairman Sathe and Commissioner Smith discussed the direction of the road and the legality of the wording of the permit.

Chairman Sathe stated that in City history as far as he knows he has never seen a permit that was changed after the fact.

Commissioner Smith stated that the Permit is not correct so we need to give him a corrected Permit.

Commissioner Leach stated he didn't see how anything could be done to improve the drainage on that location of Cloud Nine Road.  A possibility would be to make a trench on the south side of the road before it reaches the mailboxes and then have a culvert go across the road and take the run-off down to a drainage box of some kind.  

Commissioner Smith agreed that there will always be a portion of run-off that goes down Cloud Nine Road and there will always be water running off into the property downhill where the owners who are complaining to the City live.  However, the volume has increased quite bit since the addition of the driveway approach from the new residence on Cloud Nine Road began construction which has that hill that is eroding down their driveway and running straight out into the road whereas before there was a forested, heavily vegetated hill all the way up and now it is an open bank.  He suggested a properly cut ditch might contain some of that run-off.

Commissioner Leach stated that the problem is the property owners were never told to do that.

Commissioner Smith disagreed and stated Gary Rose was told to place a ditch along that property line to the end of it, the only problem with this letter is it incorrectly stated "southwest" instead of "southeast." 

Chairman Sathe asked Fred Hilden if he has ever seen a permit being altered after it was sent out and approved.

Fred Hilden stated he was not aware of any during the time he has been at City Hall.

Chairman Sathe stated that the Road Commission would be setting a precedent if we made this change to this permit and he didn't agree with it being done.

Fred Hilden stated he felt the Road Commission needs to weigh in on this and do some research and make a decision for the best solution to the problem.

Commissioner Smith asked if people comply with the Road Commission requirements before they are inspected.

Fred Hilden reviewed the inspection process and stated that Chairman Quandt tried to tighten up the process and that Chairman Sathe will continue to improve on the process.  He stated that he was with Chairman Quandt when they met with Gary Rose on this site when the initial process was started.  He stated that the letter was not clear and the last paragraph makes him wonder what is supposed to be done and he agreed that Mr. Rose should have called for clarification. He asked Chairman Sathe if Mr. Rose feels he has lived up to the requirements of the permit and  is not willing to do anything more.

Chairman Sathe stated he has been in touch with Mr. Rose and he feels he has met the requirements of the permit.  He stated he could talk to him about doing some additional work but in the past the Chairman could have just signed this off but he wants to give the Road Commission the opportunity to weigh in and make sure everyone is happy with it.

Commissioner Curran recommended that being the instructions were impossible for him to perform, the City should apologize and give him the correct instructions and ask for him to complete the job.  The City made a mistake but he didn't do what he was required to do because then he would have dug into the property itself.  

Commissioner Leach stated that Mr. Rose told him that the culvert will never carry any water.  However, he felt the letter was very clear and even though it contained a typo, it does say to trench to the property line with quarter inch rock and that has not been done.  He recommended that as Fred Hilden stated, the City admit that this was a directional mistake and he should install the trench to the property line. He stated that Mr. Rose should have questioned the permit if he had concerns.

Commissioner Smith stated that he agreed that the culvert would not carry the water but Dunes City Code states that the culverts need to be kept clear, but he is hoping that a properly cut ditch would absorb some of the water coming down the hill and crossing the street and that is eroding the bank and the driveway.  He stated if he had to start over on this permit, he wouldn't just correct a typing error but he would request that a driveway grate be installed over the culvert.  

Discussion ensued as to the length of the property line.

Chairman Sathe suggested a re-wording of the permit.

Commissioner Smith questioned why this decision is so difficult as all it has to say is "from the border of the property along Cloud Nine" there is no other road that this property borders.  He didn't understand how such a simple instruction could be so misunderstood and felt like this is nothing but a game that is being played to avoid completing the job.

Fred Hilden stated that plat maps are required from the applicants and if they had been required to do so, this would not be an issue.

Commissioner Smith stated it was his understanding that the property owners were requested to engineer that big cut into that hill and there should be plat maps on record.

Chairman Sathe and Fred Hilden agreed that engineering was only required if the slope exceeded 10%.  The slope was cut to meet the less than 10% requirement and that is why we ended up with a 15 ft. cut slope on the top side.

Chairman Sathe asked for a motion to change the wording in the permit.

Fred Hilden recommended that a motion be made to make the directions on the permit clarified by the Road Secretary and for Chairman Sathe to sign off on it.  

ACTION 

Commissioner Smith made the motion to direct the Road Secretary to clarify the instructions to the Contractor on the Permit for Tax Lot #19-12-23-10-0215 (83940 Cloud Nine Road), motion seconded by Commissioner Curran, the motion was unanimously approved by 5 (ayes) and 0 (nays).

I.	Unscheduled Items Not Listed on Agenda

Chairman Sathe discussed the additional items included in the Road Commission packets that were for information only.

Chairman Sathe reviewed his Road Commission report that he made to the City Council and reviewed the report with the Commissioners.  

Chairman Sathe reviewed an announcement for a Grant Application from the Department of Transportation announcing a request for project proposals in the Transportation Enhancement program.  This grant for $17 million is available statewide for projects that can be ready for contract in 2013 and 2014.  The Notice of Intent is due June 30, 2010 and the application is due September 30, 2010.  

Commissioner Smith stated that this Grant is for projects 3 years out and he felt this was a good grant to apply for.  He referenced the 12 items that are listed.

Chairman Sathe stated the City would be interested in bicycle paths and right-of-ways from Spruce Street to Hemlock and the playground lot.  

Fred Hilden stated that the City appears to have vacated a section of Ocean Blvd. at the foot of the Siltcoos Lake Resort property so it is not contiguous from the Lake Blvd. bridge to Hemlock and recommended that the Road Commission investigate further.  

Chairman Sathe stated this is a project that could be slated in the future.

Commissioner Smith referenced and read the matching requirement of the grant which states that recipients must supply matching funds to cover at least 10.27% of the project costs and recommended the Road Commission consider these funds in any decisions they make.  He also referenced another Grant that is available for bicycle paths noted on the bottom of page 2.

Chairman Sathe discussed the memo from Dyer Partnership of the proposed 2010 road projects as well as a list of streets listed on the 1973 Resolution that are in question as to their existence or being within the City.

Discussion ensued with the Road Commissioners and George Burke as to which streets were named incorrectly or did not exist in Dunes City.

Chairman Sathe explained that in his extensive knowledge of Dunes City there is no such street as Hansen Drive; Huckleberry Lane, not Avenue  is incorrect; Peninsula isn't a city street, Cedar Lane is a city street, Jensen Lane, incorrect unless it was renamed by Resolution.  Lakeview Terrace could be View Terrace could be Lake View Drive.  Chairman Sathe stated the records are not complete and finding the correct names of these streets is a major project that the Road Secretary has been investigating.

Chairman Sathe stated they are excluding South Pioneer Street from the 2010 scheduled road projects that will save the City $42,000 and that money can be re-directed to other street projects.  

Commissioner Smith asked if the Dyer Partnership could look at the road damage on Cloud Nine Road by the mailboxes that Jim Grant has brought to the attention of the City.  He recommended that while work is being done on other City streets and the workers are in the area, this repair could be added. 

Chairman Sathe stated that Jensen Lane, Parkway Drive, Helkat Trail from Buckskin Bob to Pluto's Promenade and Cedar Lane need to be slurry sealed as they were not completed last year and he would like the Road Commission's approval to include those in the 2010 Road projects as he needs to sign a contract with the Dyer Partnership to start the road work.  

Discussion ensued regarding the costs of each street repair.  

Commissioner Smith stated that Lake View Drive and Manzanita have lower PCIs than Buckskin Bob and asked why they are not being considered first.

Chairman Sathe stated that Buckskin Bob is included due to the completion of the roads in that area of Dunes City, this road is the only one in that neighborhood that wasn't completed in 2009 and the residents there have been questioning that decision.

Chairman Sathe stated that the $42,000 would more than cover the remaining streets from the 2009 project.

ACTION

Commissioner Wells made the motion to repair Jensen Lane, Parkway Drive, Helkat Trail, Cedar, Buckskin Bob and a repair on Cloud Nine Road and the revenue is coming from the funds set aside from So. Pioneer Road which amounted to $42,000, the motion was seconded by Commissioner Leach.  The motion was unanimously approved by 5 (ayes) and 0 (nays).

Chairman Sathe advised the Road Commission that Mayor Hauptman has asked the Road Commission to have a site inspection on Green Gate Road.  The City Council is going to approve the final plat for Woahink Ridge Estates and needs a recommendation from the Road Commission before they approve it.

Fred Hilden advised the site inspection might take several hours so the Commissioners should consider that before setting a date.

Chairman Sathe stated he will have the Road Secretary email the documents for them to review to the Commissioners before they arrive at the on-site inspection.  He suggested if they can't be at the on-site inspection if they could review the documents and submit a written report.  

Discussion ensued regarding a time that is convenient for all the members.  

Chairman Sathe set Tuesday, May 25, 2010 at 5:00 PM at Green Gate Road for a site inspection and apologized for the lack of more notice time to the Road Commission for their participation.

J.	Adjournment

Chairman Sathe asked for a motion to adjourn.

ACTION

Commissioner Leach made the motion to adjourn the meeting at 9:12 PM, motion seconded by Commissioner Smith and unanimously approved by 5 (ayes) and 0 (nays).

Approved by the ROAD Commission on the 21st day of June, 2010.

[ Signed copy available at City Hall ]
Troy Sathe, Chairman
[ Signed copy available at City Hall ]
Fred Hilden, City Recorder