.

MINUTES OF THE

DUNES CITY ROAD COMMISSION

November 16, 2009, 6:30 PM

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REGULAR MEETING

A.               Call to Order  

The meeting was called to order at 6:30 p.m. by Chairman, Rob Quandt.  

B.      Pledge of Allegiance  

Chairman Quandt led the Pledge of Allegiance.          

C.    Roll Call  

Maria McConnell called the roll call.  

Present:  Chairman Quandt, Commissioners Dave Persons, Jo Owen, Troy Sathe and Michael Smith were present.  Commissioner Curran was absent and excused.  Road Secretary Maria McConnell was present.   

Bill Sathe and George Burke were present in the audience.  

Chairman Quandt advised the Commissioners that Gary Baker was not present due to a family emergency.  

C.   Approval of Minutes – Road Commission – October 21, 2009  

Action  

Commissioner Sathe made the motion to approve the Minutes as presented, motion second by Commissioner Persons and approved by a 3 ayes and 0 nays, 1 abstaining.  The motion and second were approved.  

E.  Citizen Input  

     Bill Sathe thanked the Commissioners for all their hard work on Rio Drive . Mr. Sathe inquired when the Commission  would begin revising the Master Road Plan.  

     George Burke also thanked the Road Commission for their work on Lake Boulevard .  

     Chairman Quandt advised Mr. Sathe the Commission will be addressing the MRP at tonight's meeting.  

F. Communications 

Chairman Quandt explained that he was unable to repair the Lake Blvd. and Cherry Street signs as they were too damaged to salvage and has ordered new signs.   

Commissioner Smith asked regarding the switching of the signs on Lake Blvd. and determining the right-of-way and correct placement of the Stop Sign and the Yield sign.   

George Burke stated he didn't understand why a "Yield" sign is necessary and felt the stop sign should remain where it is so no one drives over the edge of the road.  

Commissioner Owen agreed with Mr. Burke that the stop sign remain where it is.  

Commissioner Smith says the straight away has the right-of-way and suggested guidance from ODOT guidelines as to the correct placement of signs.   

Chairman Quandt didn't think ODOT would be able to assist.  

Commissioner Sathe agreed with Commissioner Owen that the signs should remain where they are.  

Chairman Quandt agreed to keep the signs in their current locations and replace them with new signs.  

G.   Unfinished/Old Business

 

(1)    Discussion on procedures for the Master Road Plan task group.  

Commissioner Smith reviewed email between the DLCD and Maria McConnell regarding the creation and validity of the MRP.    

Mr. Burke stated that the majority of the MRP was just existing code and transferred from the Dunes City Code to the MRP.  

Commissioner Smith said being the MRP deals with Land Use it should be approved by the DLCD.  

Mr. Burke stated at the time, the State was asking cities to create MRP and Dunes City was one of the first cities to comply.  

Chairman Quandt concurred with the MRP being taken from the DCC and asked what  the significance of its origin is?  He stated his main concern is with the goals and policies in the MRP.  For example, the standards section needs to have some standards in it.  Chapter 155 relates to most of the standards in the MRP and the Land Use Plan.   

Commissioner Smith states that Chapter 155 doesn't explain what constitutes a well-built road.  There needs to be a standard that a road have a Pavement Management Condition of 100 before the city takes ownership of it.  

Mr. Burke stated in trying to specify everything, the old code needs engineering.  If the City had a City Engineer, he would determine the best management practices.  He stated that technical standards change constantly and the city's codes don't keep up with the State mandated code changes.  

Commissioner Smith stated that the MRP should meet the specifications of ODOT guidelines and the City should adopt the State's minimum requirements.  

Mr. Burke agreed that the State standards are updated and complete and all the city needs to do is use their standards.  

Chairman Quandt stated he is concerned when there is a condition applied to a subdivision that concurs with the MRP, but there aren't any conditions in the MRP.  However, if we are using the ODOT standards, then we have some legal standing.  

Commissioner Persons referred to the original work that was done on the MRP and stated that he was a member of the Road Commission at that time.  He stated that the City became inundated with developers in 2006 and the MRP was used to set out plans.  He stated that when the developers looked over the MRP, their legal counsels told the City they didn't have a legal standing based on the MRP and the document was irrelevant.  Commissioner Persons stated that the moratorium saved the City from run-away development and gave the city breathing space to get their rules and regulations in order.  

Chairman Quandt asked Commissioner Smith what he plans for the next step on updating the MRP.  

Action  

Commissioner Smith clarified that three Commissioners meeting together constitutes a quorum.  However, if he discusses the MRP with one Commissioner at a time, he is not in violation of any public meeting laws. He suggested the Road Commissioners start reviewing the MRP section by section and that the Commissioners call or email him one at a time with their comments and suggestions and he will then compile all the data and bring it to the Road Commission meeting and it will be discussed at the meeting.  This procedure will meet all public meeting requirements as far as public noticing and input is concerned.  

Commissioner Smith made the motion to revise the first sections of the MRP involving the Dunes City Code and description of the function of the Road Commissioners.  He also wants to incorporate the new Director of Road's job description into the MRP, motion seconded by Commissioner Sathe and unanimously approved by 4 ayes and 0 nays.  

Action  

Commissioner Smith made the motion to remove the Inspector of Roads job description from the MRP as the job no longer exists, motion second by Commissioner Sathe and unanimously approved by 4 ayes and 0 nays.  

Commissioner Smith stated if the MRP is based on Dunes City Code, then the Road Commission has to adhere to Ordinance 171, code amendment procedure.  If the MRP is City Law then the City Council needs to approve the amending of the MRP.  

Chairman Quandt stated everything the Road Commission approves will first go to the Planning Commission and then to the City Council.  The Road Commission will be creating a draft document.  

Chairman Quandt recommended that the Road Commission review ODOT standards and also request help from the Dyer Partnership if they have any engineering questions.  He stated the need to research the benefit and cost of referencing other city's code as an appendix and encouraged the Commissioners to contact the Road Secretary for research items if needed.   

Commissioner Smith asked that he be emailed and copied on any correspondence regarding the MRP.  

Commissioner Owen asked if the Commissioners should we be working on any particular sections.  

Chair Quandt suggested that the Commissioners look at the document as a whole and then make a list of what isn't in the MRP and what needs to be in there.  He  recommended the section on Standards and Right-of-Way be addressed first.  He also recommended that the Commissioners review Chapters 90 and 155 of the Dunes City Code and start piecing together all the City Ordinances that make references to the MRP or roads information that should be in the MRP.  

Mr. Burke stated that Chapter 141 is the new Erosion Ordinance and that it is posted on the City's web page.  

Commissioner Smith asked that copies of the Code be provided to the members of the Road Commission.  

Chairman Quandt stated they are all posted on the City's website.  He recommended that the Commission focus on what is missing from the MRP, report their findings to Commissioner Smith and that he compile a document for the next meeting to discuss those items which should include a list of questions to be answered.  

Commissioner Smith agreed and suggested the Commissioners ask questions as if they were new homeowners in Dunes City , what questions would they ask and could those answers be found in the MRP.  

(2)  Review of "Courtesy Notice" suggested by Commissioner Persons at the     October 19, 2009 Road Commission meeting.  

Chairman Quandt stated he had concerns regarding the "Courtesy Notice." He recommended that the wording of the notice be basically to inform the citizens that the City does have regulations on parking in the City's right-of-way, but that the notice shouldn't sound threatening.  He supported the idea of a courtesy notice but felt the wording should be revised.  He referenced the last paragraph regarding " Dunes City has the authority to tow any violating vehicles."  He stated the City doesn't at this time have an Ordinance in place to back this statement up and this should be in the MRP.  

Commissioner Sathe disagreed with the two hour limit and felt the time limit should be a 4 hour maximum.  He cited as an example, visitors at your home to view a football game, play cards, etc., that a two hour limit was unreasonable.  

Chairman Quandt agreed it would be difficult to enforce a 2 hour parking limit.  

Commissioner Persons stated the MRP has a 2 hour limit.  He stated that on Ford Way , where he lives, there are three cars that park in the city right-of-way for weeks at a time.  

Commissioner Smith stated that the spirit of what the MRP is saying is referring to the right-of-way being blocked to Emergency vehicles and even if visitors were parked in the right-of-way for any period of time, they would be blocking emergency vehicles.  He suggested that a 72 hour limit for parking be set as it is the standard.  

Chairman Quandt recommended the notice be re-worded, put on letterhead and only be put on the windshields of the chronic abusers.  

Commissioner Smith cited the Lake Blvd. area where people park for the entire summer.  

Commissioner Persons stated that Terrace Homes brought in a giant caterpillar truck and left it parked on Ford Way for two weeks because they know the City doesn't have any laws on the book to enforce parking restrictions but we do have laws on the books limiting the amount of time allowed for parking.   

Commissioner Smith asked what defines a chronic abuser.  How do you decipher between someone who parks their boat for weeks at a time and someone who is just visiting.  He also recommended that the parking limitation be applied to RVs and boats and not just vehicles.  

Chairman Quandt stated that he will review the new wording and if it is agreeable to him, he will approve the posting of "Courtesy Notices" until such time that the City changes the law.  

Action  

Commissioner Persons made the motion that we create the "Courtesy Notice" on Dunes City letterhead and that it be posted to vehicles in violation of the parking limitations.  Motion seconded by Commissioner Sathe.  

Commissioner Owen asked for a discussion of the motion and the second and asked who would be giving out these notices.  

Chairman Quandt stated it would either be himself or Gary Baker or a member of the Road Commission.  

Chairman Quandt called for a roll call vote.  

4 ayes and 0 nays and the motion and the second were unanimously approved.  

George Burke stated that one of the biggest offenders of parking in the City's right-of-way was the previous mayor.  He stated anyone can pay $15.00 and get a right-of-way permit and park permanently anywhere in the City.  He stated that the ROW permit is a temporary permit but remains in effect until it is revoked which never occurs.  

Discussion ensued regarding the neighbors being notified of the issuance of a ROW permit, the access of emergency vehicles and who approves the permits.  

Commissioner Smith stated that the Road Commission approves Right-of-Way permits and has to make the determination if it is appropriate.  

Commissioner Owen stated that after reviewing the information and discussing the situation with the Road Secretary, she recommends that a letter be sent to the property owners advising them that the tree is located in an area not served by Dunes City .  She also recommended that they be advised that they need to establish ownership through a surveyor and that they should contact Jeff Turk Department of Management Services for Lane County to determine who is responsible for the maintenance/removal of the tree.  She also asked that the PUD be contacted regarding the branches of the tree extending into their power lines.  

Road Secretary Maria McConnell stated she contacted the PUD several times as well as Lane County Public Works.  The PUD stated that the power lines were not theirs and were going to contact Charter Cable.  

Commissioner Smith asked if the property owners had been advised that it is their responsibility to resolve the problem.  

Commissioner Sathe stated that he also spoke with the property owners and advised them that the City would determine who the property belonged to.  

Chairman Quandt recommended that in order to resolve this issue and make sure everyone has been advised he agreed with Commissioner Owen's recommendation that a letter be sent to the adjacent property owners, registered mail, advising them of their responsibility to take care of the removal of the tree if it is deemed necessary.  

Commissioner Owen submitted a memo to the Road Secretary containing the property owner's addresses and the address of Jeff Turk.  

H.           New Business  

(1)     Pre-Application for 2010 Oregon Transportation and Growth Management Program (TGM).  The purpose of this application is to help local governments develop and update transportation system plans (TSPs).  Pre-applications will increase the chances that a project will be funded and assist local governments with submitting qualifying grant project applications.  

Chairman Quandt  reviewed the pre-application forms and stated that and Gary Baker will be putting together some projects for next year and submitting them before the deadline of  December 11, 2009.  He stated this memo is only for the Road Commissions information and review and if they had any input regarding any projects they would like to add to the list, to let him and Gary know.  He stated that the City needed signage and some possible crosswalks.  

Commissioner Smith asked if some wording could be added to include funding for the re-writing of the MRP.  

(2)     Letter from ODOT regarding public road mileage totals and review of 2008 Map.  

Chairman Quandt reviewed the letter from ODOT regarding the mileage totals and stated there hasn't been any streets added this year in Dunes City so didn't think the City would have changes to the current listing from 2008.  

Chairman Quandt also referenced the map sent from ODOT and asked that the Road Commission review the map and make any additions or corrections to it.  

Commissioner Sathe stated there are several obvious errors in the map and pointed out that Laguna Lane goes through to Summit and the map doesn't indicate that.

Chairman Quandt agreed that there are many omissions on the map and the Road Commission has until February 15, 2010 to make corrections.  He stated that the 2009 map appears to have less streets listed than the 2008 map.  He stated this is a homework assignment and recommended that everyone bring their maps back to the December 21, 2009 meeting with their corrections.  

Commissioner Sathe asked if Greengate Road is now a City road.  

Chairman Quandt stated it is and it was already submitted.  

(3)     Right-of-Way Permit for Jack Mobley, 83152 South Pioneer Road .  

Chairman Quandt reviewed the Right-of- Way permit for Jack Mobley and stated it is on South Pioneer which is located in Dunes City .  He stated the roadway is in very bad condition and Mr. Mobley wants to cut through the roadway to install conduit for electrical service to his shop.  He is asking for permission to cut through the pavement instead of boring under it and he will then repair the roadway.  Chairman Quandt stated that the patch will be an improvement to the road.     

Commissioner Smith made the motion to approve Right-of-Way Facilities Placement Permit for Jack Mobley, 83152 South Pioneer Road , motion seconded by Commissioner Owen and unanimously approved by 4 ayes and 0 nays.  

Commissioner Sathe amended the motion to include conditions of approval as follows:  

(1)  Pavement is hot patched and repaired.

(2)  That the road be accessible to the neighbors during the repair work.

(3)  That a metal plate with back gravel be installed underneath to stabilize the roadway.

(4)  That the conduit pipe be installed 3 feet under the roadway as is the standard for utilities.  

Amended motion seconded by Commissioner Owen and approved by 4 ayes and 0 nays.  

(4)     Repair of washout of roadway on Fir Lane and contracting for repair work.  

Chairman Quandt reviewed the situation on Fir Lane and Huckleberry and discussed ways to remedy it.  He stated that the roadway is washing out under the asphalt and the situation will worsen if something isn't done before the next scheduled repair of roadways in the Spring, 2010.  He stated he discussed the problem with Gary Baker  and it was determined that as a temporary fix a ditch and rock should be installed to shore up the roadway for the winter. They also discussed if it would be necessary to obtain 3 informal quotes from local contractors for the repairs.  Chairman Quandt stated the repair of this section of roadway will need to be engineered and added to next year's road projects and it will be necessary to design a drainage plan for that area.  

Chairman Quandt stated he determined that the repairs needed will be added to next year's road projects, therefore, it would be beneficial at this time to go ahead and make the repairs necessary to temporarily fix the problem and he authorized Gary Rose of Leisure Excavating to make the repairs.   

I.        Unscheduled Items Not Listed on Agenda  

Commissioner Sathe stated that in his travels around Dunes City he has noticed an increase in signs placed in the City's right-of-way without the authorization of the City.  He stated for example a sign on Hilltop Drive that states "Slow – Children Playing" and others that state "No Trespassing" have been placed on other streets in the right-of-way.  Commissioner Sathe stated that he didn't feel these signs were appropriate and wanted to know if he or Gary Baker could remove them.  

Commissioner Owen asked if a resident would need a permit to put up a sign.  

Commissioner Sathe stated a permit only applies to political signs.   

Chairman Quandt agreed that signs placed in the city's right-of-way, such as the "No Trespassing" sign on Huckleberry can be removed.  He stated that in regards to the "Children at Play" sign, he has neighbors who put them up when the children are outside playing and then take them down at the end of the day and felt there should be some distinction made between safety signs and others.  

Commissioner Sathe stated that the best solution would be for the City to require that all signs need a permit before they are placed in the right-of-way.  

Commissioner Smith stated that political signs don't need a permit.  

Chairman Quandt stated that signage placed in the right-of-way needs to be addressed in the MRP.  He stated that he would suggest that safety signs be permitted.  

Commissioner Sathe stated that there has to be equity of applying a law either to a permanent sign or a moveable sign.  

Commissioner Sathe stated the sign on Hilltop has been permanently affixed and requires cars to drive around it to get by Petersdorf Park .  

Commissioner Smith stated the property owners should be advised to move it on to their own property.  

Chairman Quandt stated he would drive through the area to see what signs are there.  He also stated that the Wright Road sign is down and he is going to put it back up and commented on the fact that many of the street signs have not been placed in concrete and suggested that all future signs be installed correctly with the use of concrete so they do not fall so easily.  

Commissioner Sathe agreed and requested that 5 extra bags of concrete be stored in the storage shed.  

Commissioner Sathe asked the Commissioners to review the zoning restrictions before putting a regulation in the MRP regarding signage.  

Commissioner Owen asked if all the Road Commissioner's terms expire December 31, 2010 or do any of them expire in 2009?   

Chairman Quandt stated he would look into the terms of office for the Road Commission and advise the Commissioners if there are any expirations in 2009.  He said the directive would come from the City Council to reappoint the Commissioner.  

Commissioner Smith stated he found an inexpensive ditch witch on craigslist.   

Chairman Quandt asked him to get more information and advise him.  He stated that the City could definitely use something to create ditches, clear sheets, etc. and if they can acquire one at a reasonable cost he would encourage the City to purchase it.  

Adjournment  

Commissioner Persons made the motion to adjourn the Road Commission meeting of November 16, 2009 at 8:30 PM, motion seconded by Commissioner Smith and unanimously approved by 4 ayes and 0 nays.  The next scheduled Road Commission meeting is December 21, 2009.

__________________________      ______________________________

ROBERT QUANDT                                     MARIA MCCONNELL

VICE - CHAIR                                               ROAD SECRETARY

 

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