.

MINUTES OF THE

DUNES CITY ROAD COMMISSION

REGULAR MEETING

October 20, 2008 , 6:30 PM

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The meeting was called to order at 6:30 p.m. by Chairman Petersdorf, Patty Pennel called the Roll.

Present: Mr. Petersdorf, Bill Connell, David Persons, George McKenzie, Jo Owen, Keith Herring , Lee Riechel and Patty Pennel were present.

Also present were, Amy Graham, City Recorder and Robert Quandt, City Councilor

Absent: Linda Lauck was absent and excused

Action

Commissioner George made the motion to approve the minutes and Commissioner Dave seconded the motion. Commissioner Jo Owen abstained because she was absent at the last Road Meeting.

 

She has a question about Myrtlewood Drive, which is the road between Summit Ave. and Laguna Lane. This road is an easement that has been paved by the City. I checked with the Lane County Surveyors office and I am still paying taxes on this property. There are only four houses, two on either side of Myrtlewood Drive and the easements are for 5 feet. There really isn't suppose to be a road there, it isn't recorded with the County, and when I looked up on the Dune City inventory list, they showed that Myrtlewood Drive as being 242 feet, a local road and the road width is 11 feet and for the right-of-way they have a dash. Does that mean that Dunes City doesn't have a right-of-way? I want an explanation of why the road is paved and why I am paying taxes. Chairperson Bob Petersdorf said that at this time when we have unscheduled items, the Commission listens to the comments, take them under advisement and will report back next month. Judy asked that if she comes back next month, then will they tell her why it's that way? Chairperson Petersdorf told Judy that this will be part of the record the Road Secretary Patty will be given by you, so she will have it and the Roads Commission can review it. She said that at one time I did speak to Chairperson Petersdorf and he sent me the easements and I am still paying taxes and I would like to know why that is?

Commissioner Petersdorf thanked Judy

I have a statement and I have a question. The statement is that I have spoken to many people in Dune City and also people not in Dunes City and they are all pretty disgusted with the attitude and the attacks on Chair Petersdorf at the Council meetings and when he wasn't at the Council meetings. They are disgusted at the way Council members other than Petersdorf attacked him one after another. This sort of behavior should not go on at a City Council Meeting and if anything has to be said against a council member it should be done in executive session or privately. So I am just agreeing with the comments I have heard from many people and I think that it is unbecoming of a City Council to attack another City Council member in this case, Bob Petersdorf during the meetings. I also have a question. What is the rule and who looks after the Road Commission money that is given to Dunes City to maintain and build roads? How is that money split out, how is it that this money is accounted for, Lane County or the City itself, so that money is disbursed as it is suppose to have been done by law for Roads and not for other City uses. I know a small amount, once, is allowed to go into the city for various clerical type duties, but I think that amount should be very small. I would like to know what the rules are, who is suppose to oversee them as far as the County is concerned, of course, the County gives that money to the Road Commission, and I would like to have a telephone number or an address to actually follow that up and if I see or here of any reports that this money is not being used for the specific lawful purposes for which it is meant. Could you give me all that information? You don't even have to wait to next month and just give it to me whenever they please. Chairperson Bob said that we will make sure it gets put in the minutes.

Thank you Norman

I would like to address the situation with Roads in regard to the TSiltcoos Club Plat. I received a call from a lady that lives at the north end and I think she got some erroneous information from someplace. I typed out a letter with a little history for Chairperson Petersdorf a while ago. I don't know if Chari Bob made copies of the letter for everyone. Chairperson Petersdorf said that we had a meeting for the TSiltcoos Club Plat people that showed up. We had about 20 or so people that showed up. Commissioner Jo said that she is the person Darrell spoke with earlier on the phone. Darrell said you talked to me some time ago. (Darrell) I paid taxes on those roads for years. The roads were in the interim part of TSiltcoos Club Plat, which was designated for use by the owners of that Plat only. I was involved in a law suit, so was the city. Commissioner Jo wanted to know with whom Darryl was involved in the law suite? Darryl said that it was with the gentleman that owned Darlings Resort. Commissioner Jo wanted to make sure that he wasn't in a law suit with South Shore. Darryl said No, he was involved in a law suit and therefore did a lot of research on the roads. When they did the South Shore subdivision, since they were owners within the plat, the people that started South Shore bought 7 feet off the side of one of the lots and gave everyone undivided interest in that 7 feet, so they could become owners within Plat and would have use of those roads. Commissioner Jo said that was a miss-representation. Darrell said that it wasn't miss-represented because he was on the Council when this happened. Commissioner Jo said that Mr. Hartshore owned lot 36, the whole lot, he owned the property. At any rate they all had undivided interest in 7 feet off of that lot. As a result of this lawsuit, the city said they didn't care what you decide, it cost Darrell a ton of money to defend himself. Darrell could sustain liability if he continued to pay taxes on the lots and it wasn't his responsibility to pay those taxes, so he stopped paying them and at one time one of the lending institutions in town picked up the taxes. They were only $5 or $6 a year, so it wasn't going to break him. Darrell's attorney advised him to stop paying the taxes. So the lending institutions picked them up. It takes a minimum of 4 or 5 years of non payment of taxes for the county to take them over. Darrell went over to the county and a gentleman by the name of Jeff Turk said here is the process you go through. Someone from South Shore wanted to buy one road that goes into South Shore. He said that if we were to sell it, you can't close it to the public. He talked about taking it over for the city and some where along the line the gentleman decided not to buy the road and now anyone that wants to open up one of those roads will have to go to Eugene and fight the county over it. The latest thing is that there may be some liability for the City in establishing corners. Darrell said, no, I don't believe so, because if he wanted to develop a lot, the city should say to go out there you find the corners, have a fresh survey and don't worry about encroaching on the road. Darrell thinks the City should have taken those roads over. The people of Dunes City would have a local place to go. Commissioner Jo said that Darrell was over his 3 minute time limit and he should address his concerns at the TSiltcoos Plat meeting. Darrell said that he wasn't informed about the TSiltcoos Club Plat meeting until that night and he was out of town.

No other citizens wished to address the Council at this time.

1. Email from Bruce Hubert regarding Peninsula Road. Bruce wrote that they have a water system at the bottom of the hill this is a spring fed pond. The road is eroding away and he would like it investigated by the Roads Department. Peninsula Road measurement runs from Clear Lake Road to the end of the pavement, and is 507 feet. There was a discussion on how much of the road Dunes City was responsible for. There was a decision to have members of the Road Commission do a site review and invite Bruce Hubert to come along and help explain what is happening on this road. The date will be determined at a later time. At which time we will contact Bruce and have him join the site review committee.

2. Message from Sheila Roberts about the TSiltcoos Lake Club Plat Meetings.

She is a part time resident and she doesn't want the city or county to take over the roads, because she doesn't want them paved. She wants them left the way they are. Commissioner Jo pointed out that this is a good example of what we could be dealing with, regarding North Pioneer, this lady owns property on this street and only lives here part-time. She is saying that she doesn't want that street touched at all. Well, now it's Lane County and if the City takes it over and the City wanted to pave it, we could have problems. These are just little teeny instances that can happen. Chairperson Petersdorf wanted us to remember one thing, and just because these people on this road don't want anything done, it doesn't mean that the other 20 parcels don't want anything done with the roads. How do we satisfy some people and not the others. And so this is stuff that we kind of have to work out and right now the consensus is that they don't want anything done. Commissioner Jo was worried about more legal fees for Dunes City.

Chairperson Petersdorf noticed that we had a lot of responses on the issue of having the County keep the roads or having the City take them over. We had told the people in the audience that it had been laid to rest for now, until we find out what the county wants to do.

3. Message from Richard Koehler on a couple of road issues. See attached pictures

Included in the packet is a picture on Wright Road and Wohink. One is a Stop sign and the other is where the road is caved in by a great big tree that the City wanted to take down about 8 or 10 years ago. The residents of that area didn't want us to touch that part of the street. That divot is getting bigger and bigger now, and I don't know if it's the root from that great big tree dying. Chairperson Petersdorf asked the Road Inspector Keith if he had chance to look at the divot and the stop sign. Inspector Herring said it looks just like the picture, the stop sign is very faded. Keith said he thought that the divot has been like that for a long time. Chairperson Petersdorf is sure that it's gotten bigger and he has to drive on the other side to avoid it. Commissioner Jo wanted to know if we need a purchase order for this stop sign? Inspector Herring said that we have stop signs on hand. The question was asked about the possibility of adding this street repair to the upcoming road work and maintenance? Chairperson Petersdorf suggested making a recommendation to put this on the inventory for patch work that has to be done on our roads. Commissioner Bill, made a motion that we start a list for next summer's patching before we seal the roads and other small issues like this. Commissioner Dave seconded the motion. Motion was carried.

4. Letter from Mike McAllister on the 2008 Street Improvement Project

Process from Mike on direction the Roads Department needs to take on the bidding process. Some of the pre-bid work has already been completed. Chairperson Petersdorf especially liked the sentence that states" The bidders will be advised that the project may be increased or decreased after the bid in order to achieve a balance of funds available with units of work." That way the bidders are not held to a certain price after the vendor makes the bid. Commissioner Bill made a motion to recommend Mike's ideas for the 2008 Street Improvement project. Commissioner George Seconded the motion. Motion carried

 

1. Hand out Dunes City Directory with addresses and phone numbers.

This directory still needs to be refined by Patty in a different format.

2. Robert Quant, City Councilor was in attendance to answer any question that the Road Commission may have on the September 30^{th report. There were no questions at this time. Chairperson Petersdorf suggested that there is a special City Council Meeting on October 30th on Ocean Blvd. and we will let the chips fall wherever they fall during this meeting.}

New Business

a. Temporary Right-of-Way Permit #R0820, owner Mark Harrison, requested by Robyn Reed, Central Lincoln PUD. Install underground service. Motion made by George and seconded by Dave to go ahead and make a recommendation to the City Council. Motion carried

b. Temporary Right-Of-Way Permit # R0821 by Central Lincoln PUD to replace and relocate PUD pole 2262/72. To move the pole closer in and wanted to know if they are too close to the road. If the pole is in the right-of-way and the city ever decides to widen the street, then it's the PUD's responsibility to move the pole at their expense. Some of these poles are located on people's property and the PUD is taking them off of private property and putting them on the Cities right-of-way. Commissioner George made a motion to accept this permit and to recommend it to the City Council and seconded by Commissioner Bill.

c. Temporary Right-Of-Way Permit # R0823 by Central Lincoln PUD. Install a 45' pole to eliminate a cross country span of primary wire. This will remove one pole in the middle to eliminate lines crossing private property. Lane County has approved the pole in the corner. Commissioner Bill made a motion to approve and make a recommendation to the City Council, and seconded by Commissioner George. Motion was carried with Commissioner Jo abstaining from the vote.

· There was a suggestion made to change the Master Road Plan (MRP) to say that you would need to bore under the road and not cut through and across the road. Patty will add this suggestion to the MRP list of changes.

· All right-of-way permits can only receive a recommendation from the Roads Commission to the City Council where it can be approved. Lee Riechel, Planning Chair suggested that we set up a site review before we meet to give the Commission an opportunity to look over the permit requests as a group.

4. Monies collected for Roads Department document included in packet. Dunes City State Funds document by Amy Graham, City Recorder. Commissioner Jo suggested that the person who created and submitted the document, to put their name on the document. Commissioner Bill asked if this document was just showing Road money? Amy Graham, City Recorder answered Commissioner Bill and told him that the document showed the State Street Fund and that the funds that come in for that is for wages, 10% of City Recorder wages, 10% of the Administrative Assistant wages and there's a percentage for utilities and normal bills that come in every month. Commissioner Bill wanted title to say Roads Department, so he would know that this was just the Roads money. Commissioner Bill also said that he has been on this Road Committee for years and years and he has never heard anybody ask the Road Committee to pay Attorney fees. Half this money is for the Attorney. He asked Amy what the fees were for. Amy responded by saying that anything that were legal fees due to road issues is allocated to the Road fund. Commissioner Bill asked for an example and Amy said that a lot of the Green Gate Road issues are related to Attorney fees. Commissioner Bill's personal opinion was that he didn't believe that was right to take that money. Amy and Bill agreed that this was an issue to address to the City Council Agenda.

Commissioner Jo wanted to know about the cost of the street lights. Amy said that the utility bill Dunes City received is about $1,800 a month or $1100 a month. It is the same amount every month.

 

Chairperson Bob noticed that Bruce Hubert from Peninsula Road arrived at the meeting and asked Bruce if her would like to make a comment as he is the one who wrote the email. Bruce said that our right-of-way goes half way up the hill and then stops. It goes down to the bottom of the hill and then starts back up, and that's where the right-of-way ends. Looks like Dunes City is a couple of hundred feet beyond where the road ends. Chairperson Bob wanted to invite Bruce to the site review, so he could show the Committee where the stakes are and where the road should be. Bruce said to just let him know and he will be there. It will be about one or two weeks

Keith Herring Report

9/19/08, 9/24, 9/26, 9/29, 10/3, 10/6, 10/17 and 10/18 Ran Roads, and delivered packets for the Road Commission Meeting. Put up Cloud Nine street sign. Commission approved Keith's report and motion was carried.

Patty Pennel, Road Secretary

Road Permits handed out to the Commission. The Commission to make recommendations and suggestions on the signature block.

Bill Connell, Road Commissioner

Wanted to take this opportunity to thank Bob Petersdorf for all the work and will continue to do for the citizens of Dunes City. He voted and wanted the Commission to know that he voted for Bob Petersdorf.

Linda Lauck, Road Commissioner

Excused Absent

Jo Owen

No report, but she wanted to say that she thinks we all love our little city and she thinks we have rules that we have to go by and we all need to follow them. I hate to see the tearing apart, where you are either with this group or that group. She thinks that is unnecessary. Everyone has a right to vote for who they want and they shouldn't be bad mouthing and she does think that the errors that have been done should be pointed out.

Dave Persons, Road Commissioner

No Report

Lee Riechel, Planning Chair and Road Liaison

Planning Commission meeting was scheduled for Thanksgiving Day and that won't work, so they decided to consolidate the November and December meeting and do one meeting on the 4th of December and they aren't aware of any new building applications.

 

George McKenzie, Road Commissioner

No Report

Mr. Petersdorf, Road Chairperson

No Report. Things are still running smoothly. Ballots are in the mail and he hopes that everyone will take the time to vote, so we can move on in the next couple of weeks. Keith raised his hand to speak about Woodland Way and they have not patched it yet. Chairperson Bob will get a hold of Gary Rose tomorrow and talk to him about the patch and find out what is going on.