REGULAR MEETING
A. Call to
Order
The meeting was called to order at
6:31 p.m.
by Chairman Robert Quandt.
B. Pledge of Allegiance
Chairman Quandt led the Pledge of Allegiance.
C. Roll Call
Maria McConnell called the roll call.
Present: Road Chairman, Robert Quandt, Commissioners Jerry Curran, Michael Smith, Jo Owen,
Troy
Sathe and David Persons. Road Secretary, Maria McConnell was present.
Bill Sathe and Tracy Quandt were present in the audience.
C. Approval of Minutes – Road Commission –
August 17, 2009
Commissioner Owen had several corrections. On Page 7 – 3rd paragraph, comments
were made by Commissioner Sathe and not Commissioner Owen; page 8, 6th paragraph, Roberta Dalbeck is not a resident on Huckleberry. In
addition, Commissioner Owen stated her name was misspelled "Owens" twice in the Minutes.
Action
Commissioner Curran made the motion to approve the Minutes of
August 17, 2009
with the amendments as noted, the motion was seconded Commissioner Persons. The motion was approved with 4 ayes
and 0 nays and 1 abstention.
E.
Citizen Input
None
F. Unfinished/Old Business
(1) Road project's communication campaign. Next step in process.
Chairman Quandt reviewed the progress of the road work and stated all the specifications have been met and so far there has not been any
major issues. He stated that the next phase is the slurry seal application and he and Commissioner Curran passed out flyers to residents on the
streets that will be effected on Sept. 24 and 25. He stated that they received a great response from the majority of the people, with just a few
complaints, but overall the residents were very positive about the work being done.
Commissioner Curran stated that several residents commented that in the past they were never notified of road work or repairs and were
appreciative of the advance notices they had received.
Chairman Quandt referenced a phone call received from David Dalbeck who resides on Buckskin Bob. Mr.
Dalbeck expressed his concern as to why his street wasn't scheduled for repair as he felt it was in worse condition than Helkat Trail which is adjacent to him and is on the list for repair. Chairman Quandt stated he called him and got an answering machine and left a message.
Chairman Quandt advised the Road Commission that his message to Mr. Dalbeck was that Helkat Trail was rated PCI 72 (pavement condition
index) and Buckskin Bob was rated a PCI of 76. The overall condition of Buckskin Bob is very good and did not qualify for work at this time and Helkat Trail is just being slurry sealed and
Buckskin Bob is scheduled for slurry seal next year.
Commissioner Sathe stated he also called Mr. Dalbeck and gave him the same information Chairman Quandt related in his phone message. He also explained to Mr. Dalbeck that the work being done was not an overlay but a slurry seal application and that Helkat Trail will be scheduled for
next year. Commissioner Sathe stated he felt Mr. Dalbeck was more concerned about the inconvenience of the road work on Helkat Trail to he and his
neighbors with the road being blocked.
Chairman Quandt advised that Buckskin Bob will be accessible during the road work and the residents will not be inconvenienced. He stated that he visited the area and, unfortunately, the signs placed by Asphalt Maintenance workers were
in the wrong place and he moved them.
Chairman Quandt stated that all the flyers have been handed out and on September 24th and 25th he will be on site,
walking the neighborhoods to oversee the process and to help to make sure it all goes as smoothly as possible.
He asked the members of the Road Commission if they could also plan on being there on those dates to assist him. He also advised that the slurry seal contractors had posted notices in the area also.
Commissioner Owen and Curran stated they would be available.
Chairman Quandt advised that street work will also be occurring on
Summit Avenue
and
Cherry Street
in the
Westlake
area on the 25th. The residents were all informed and it went very well.
(2) Discussion on procedures for the
Master Road
Plan task group.
Chairman Quandt discussed the amending of the Master Road Plan and a task group has been assigned with Commissioner Smith leading it. He acknowledged that the revision of the document will be a lengthy process and each month, Commissioner Smith will prepare a report for the Road
Commission to review.
Commissioner Smith asked if the correct procedural protocol has been established for the amending of the MRP.
Chairman Quandt stated he is working with City Recorder, Amy Graham, to obtain that information.
Commissioner Smith asked for clarification that if more than three of the Road Commissioners met to discuss the MRP, does that constitute
a public meeting? A public meeting requires a notice to be posted and a public hearing held and minutes taken of the meeting. However, if it is a work session posted on the City's website and calendar would it require posting, hearing and minutes?
Commissioner Persons recommended work sessions as the way to proceed as public hearings could delay the process indefinitely.
Commissioner Smith stated that he wanted to comply with all the legal requirements necessary for the update of the MRP.
Chairman Quandt advised the Commission he would clarify the process with Amy Graham who will contact the City Attorney, David Allen, to
confirm the legal requirements. He asked Commissioner Smith if he could have his monthly report to
city hall a week before the regularly scheduled road commission meeting in order that the Commissioners can have it in their packets.
Commissioner Smith stated our objective with updating the MRP is pretty straight forward and it is to create a document that works, is
legal and enforceable. He acknowledged that there is already a great deal of information contained in the MRP,
however, he plans to review it in its entirety and restructure it as he goes through it and ultimately for the Road Commission and the City to have a document that is legally
enforceable is his main priority.
Chairman Quandt stated that the MRP in its present state is clearly missing important components.
Commissioner Smith agreed and stated for example, there has to be a clear definition of the process for a road being donated to the city. There has to be specifications and methods of responsibility incorporated into the MRP.
Chairman Quandt advised the Road Commission members to make basic suggestions and communicate them to Commissioner Smith. He recommended that ODOT specifications be referenced when necessary.
Chairman Quandt commented on enforceability of the code. He cited a recent situation on
Leavitt Loop where a car was abandoned, blocking the roadway. Apparently, the owner allegedly had to leave for a football game in CA and couldn't
get the car started so it was just left in the road. Coincidentally a fire truck was called to an incident on Leavitt Loop and had to back down
the road to exit because of the abandoned car blocking its access. This situation created a hazard to public safety and welfare. In reviewing the Dunes City Codes and the MRP there was nothing in our codes addressing the process of removing an abandoned car. Chairman Quandt stated that in view of the public safety hazard, the decision was made to have the car towed and Fred Hilden at City Hall contacted the
city of
Florence
who have an agreement with a local towing company and made the arrangements to have the car towed. Chairman Quandt stressed the need for a Dunes City Code
that legally backs up the City's option to tow a vehicle in the City right-of-way, whether it's illegally parked, abandoned or inoperable to avoid another situation like this in the future.
Commissioner Curran recommended a paragraph be added to the code that specifically addresses abandoned vehicles. He also recommended that an Ordinance be proposed and either be attached to a Dunes City Code that already exists or adopt a new one to address this
problem immediately.
Commissioner Owen stated that Bob Petersdorf, former Road Chairman, said that the towing companies would not contract with
Dunes
City
.
Chairman Quandt stated they will not contract with a City unless they have an Ordinance in place that addresses abandoned or inoperable
vehicles. He stated that an Ordinance needs to be adopted and approved by the City Council and then it will be incorporated in to the MRP. He agreed with Commissioner Curran and recommended that it be attached to Chapter 90 and the right-of-way use that is already in the Dunes City Code
and the ordinance can be modified to make it legal as soon as possible.
Chairman Quandt stated that our only enforcement tactic now for non-payment of fines is to place liens on people's property which isn't
collectible until they sell the property. He stated there is a necessity to have fining measures for example, when people drive track vehicles on
the road and ruin them. He stated the City is also looking into issuing Business Licenses so if a business fails to comply with the City's code,
we can rescind or suspend their license to do business in
Dunes
City
and the Mayor is also looking into other types of collection processes.
Commissioner Owen asked if violators can be taken to Small Claims Court?
Chairman Quandt stated that the minimum claim for Small Claims Court is $10,000 and even if you get a judgment, you still have to collect
the fine.
Commissioner Persons stated he has heard this argument for years that the Dunes City Code has no enforcement procedures in place and the
City needs to make this a priority.
Chairman Quandt stated that it is his intention and that of the current Road Commission to finally make it a reality to have a code
provision in place that the City can enforce.
Commissioner Smith compared his experience in working in HR to revising the MRP, and stated you have to be proactive and think problems
through from the beginning through to their conclusion. He stated the Road Commission will work on different agenda items as they are presented
and when a violation occurs, we will proceed with a fining process.
Chairman Quandt recommended that Chapter 90 and Chapter 155 be updated and incorporated into the MRP and the document should include
requirements for roads in subdivisions and specifications for all other road related developments and for the MRP to be codified.
Chairman Quandt asked that all communications from the Road Commission should be copied to all members and to Maria McConnell.
G. New Business
(1) Chris John,
5174 Russell Drive
– Driveway Permit
Chairman Quandt advised that this permit was approved by the Road Commission on
April 21, 2009
. At that time the Road Commission was using the old permit that did not include the requirements that are now
included on the permit. Mr. John is agreeable to adding the changes and he is going to install a swale and trenched drains and has made every
attempt to construct a functional drainage system.
Chairman Quandt stated there have been problems on
Russell Drive
in the past with the culverts being clogged up and asked the Road Commission to assist in finding a remedy for the drainage problem there. He recommended that the area needs to be ditched and a covered drain box that is rated for vehicles needs to be installed. The costs could be approximately $1,000 or more and if so, may require the job going out to bid.
Commissioner Curran asked if there was an expiration date on Chris John's permit.
Chairman Quandt stated that the older permits did not have a sunset date on them but the new ones do. He stated that fortunately, Chris John is determined to do the job right and is agreeable to working with the City and meeting all requirements.
Chairman Quandt stated he will work out a solution for the drainage problems on
Russell Drive
and if it becomes too complicated, he will send it to engineering.
Commissioner Sathe asked if a motion should be made on this item.
Chairman Quandt agreed.
Action:
Commissioner Sathe made the motion to put out to bid the drainage job on Russell Drive in order for it to be
completed as soon as possible, motion seconded by Commissioner Smith and approved unanimously by a vote of 5 ayes and 0 nays.
H. Unscheduled
Items Not Listed on Agenda
Chairman Quandt referenced a question asked by Commissioner Owen regarding funding for
Dunes
City
roads in the future. He advised that Gary Baker will be assigned to finding new sources of revenue and grants for
the Roads department.
In addition
Dunes
City
as well as other Cities on the coast have lost the timber revenue sources and he is planning on making a presentation before the Lane County Board of
Commissioners and asking for the reinstatement of those funds. He is hoping that other cities will join him in this presentation and is contacting
other Road Committees.
Commissioner Owen stated that receiving grant money is similar to getting money from the
Publisher's Clearing House. She asked Chairman Quandt when he would be making his presentation to the Commissioners.
Chairman Quandt stated that the presentation time is up to him and when he has it prepared, he will schedule it. He has made all the preliminary preparations necessary to be put on the
agenda.
Commissioner Sathe thanked Commissioner Curran for organizing the work party for Little
Woahink Road and also thanked all who participated.
Commissioner Sathe stated he had concerns regarding the City acquiring
Greengate Road
. He said the road needs to be brought up to specifications and properly compacted before the city takes ownership
so the City doesn't have to start pouring money into it for at least five years.
Commissioner Smith stated he wasn't sure that the Road Commission could make that
recommendation because at the time the road was put in, there were no specifications in place.
Commissioner Sathe stated it could be presented as a recommendation from the Road Commission.
Commissioner Smith replied that the possibility of it happening is zero.
Commissioner Owen and Commissioner Curran asked what advantage there is to the City to own
Greengate Road
.
Chairman Quandt stated that throughout the history of
Dunes
City
there has been dedications of roads, one subdivision or partition at a time. The acquiring of the roads is more of
an obligation than a benefit to the City.
Commissioner Owen stated that in
Eugene
the residents are taxed for the maintenance of road they live on.
Chairman Quandt stated the City should consider this option in the future instead of requiring a dedication. In the Greengate Road 2005 approval, a dedication of the road was required. He agreed that it would be
beneficial for the City to have roads remain private if the City is not going to receive any funding for them.
Commissioner Smith stated the legality needs to be resolved in the MRP by stating that the road was created per
these specifications and that would protect the City from acquiring a road that needs work. He stated that if the roads remain private,
development would be discouraged.
Action
Commissioner Sathe made the motion to require the Greengate developers improve the road before the City accepts
it.
Discussion: Chairman
Quandt stated that an agreement with the Greengate developers has been concluded and it is too late to place any new requirements on the agreement. He advised that the motion made by
Commissioner Sathe may not be acceptable as the negotiation phase of the agreement has passed. Any modifications of the agreement at this time
would re-open the case and involve attorneys and the courts.
Commissioner Sathe withdrew his motion.
Chairman Quandt stated that he felt the negotiations went well with the developers and thinks the Road
Commission will be happy with the final agreement and that he cannot discuss any of the details at this time.
Commissioner Smith stated that the contractor building a new house at
83940 Cloud Nine Road
has not complied with the requirements made in their driveway permit to install a ditching and drainage area. He
stated this was a heavily engineered driveway and after the last rainfall, there was mud and debris across
Cloud Nine Road
washing down from this property.
Chairman Quandt stated he would compose a letter to Leisure Excavating asking them when the work will be
completed. He stated the driveway permit for this residential unit included the installation of a ditch and approximately 30 ft. of river rock along the roadway. He also asked Commissioner Smith to provide photographs of the site.
Commissioner Smith stated he is a member of the Safety Committee at Three Rivers Casino and they have a rule
that when workers are in an area where the speed limit is 25-50 MPH, they are required to wear safety vests. He distributed copies of a website
vendor selling various types of safety vests. Silk screen printing is at an additional cost of $2.99
per vest. He recommended the Full Source Orange Mesh Safety Vest that costs $12.95 each and the added expense of the printing, totaling $15.95 per
vest. He recommended that all the vests be ordered in one size, X-Large and the printing on the back should read Dunes City Roads, so the
residents will know who we are.
He stated there is a 12 item minimum on the order for silk screen printing, however, vinyl cut printing is also
available without a minimum requirement purchase.
Chairman Quandt stated he would have Maria McConnell check with Lane County Public Works to see what they
charge for safety vests with printing. He supported the Dunes City Roads identification on the vests.
Commissioner Sathe stated that he supported the City purchasing 12 vests as many times we have volunteers who
should also be wearing vests.
Commissioner Owen asked if the vests will be individually owned and how are they cleaned.
Commissioner Smith stated they are machine washable.
Action:
Commissioner Smith made the motion to purchase 12 safety vests that meet Class 2 OSHA requirements and vendor
to be determined, motion seconded by Commissioner Sathe and unanimously approved by 5 ayes and 0 nays.
Chairman Quandt stated staff will check with Lane County Public Works, if they don't have what we need , we
will then purchase them from the vendor recommended by Commissioner Smith.
I . Communications
Meeting with PUD
representatives regarding Franchise Agreement.
Chairman Quandt reviewed his meeting with PUD regarding their application for a Facilities Placement Permit. Our new permit that became effective June, 2009 charges them a fee for permits. They objected to the fees
being charged and stated as a public utility they do not pay fees to the City. However, in reviewing Dunes City Ordinance 170, 10d on page 3 of 5,
it states the City can charge a permit fee. In the City's meeting with the PUD and their attorney, they interpret this section differently and do
not agree that it requires them to pay a permit fee. In view of the fact that the PUD only pull a few permits per year and in order to maintain a
good relationship them, the City may consider rescinding the permits fees. He also advised that the PUD referred to their franchise agreements
with other cities where permit fees are not charged, however, all the agreements are different. In addition, the attorney that represents the PUD,
also represents
Dunes
City
, therefore, they would not be able to advise us on this situation and we would have to seek legal advice elsewhere. We
would then be incurring additional legal expenses.
Chairman Quandt asked the members of the Road Commission to look over Item D and email him or call with your
opinion.
Commissioners Smith and Curran disagreed with the implementation of a fee with a public utility. Commissioner Smith stated this could be interpreted as a licensing fee and the city currently doesn't have a licensing fee.
Chairman Quandt stated it would be a building code inspection fee.
Commissioner Curran stated they are a public utility and we should waive the fee and asked if the City were to
ban the PUD from doing business, then we wouldn't get any electricity. Such an action would be illogical to the City.
Chairman Quandt stated he would like to hear what an attorney has to say.
Commissioner Sathe stated Ordinance 170 is in place for 20 years and asked if our attorney has recommended
another attorney.
Commissioner Curran stated the wording of Ordinance 170 is quite complicated and open to interpretation.
Chairman Quandt asked if the City is inspecting their work, we should get paid for it. He cited the incident that started this discussion was when the PUD damaged the street on
Erhart Road
and referred it to the property owners to fix.
Chairman Quandt asked that the Road Commission consider this agenda item partially resolved. He stated regarding
Erhart Road
, the City has the right to give the PUD 20 days notice to repair the street. As it ended up, the City had to fix
the street and the PUD took no responsibility.
Commissioner Curran stated in that type of a situation, the City should bill the PUD for the repairs. He stated that his electric bill collects money for Dunes City and that the PUD provides a public service and they do a good job in responding quickly
to downed trees and power lines or any other problems regarding electric utilities.
Commissioner Sathe agreed with Commissioners Curran and Smith and felt the legal fees involved in talking with
a lawyer would cost more than the fees that would be collected from the PUD. He felt that the item should be dismissed.
Chairman Quandt asked for a consensus on the matter.
Discussion ensued with Chairman Quandt reviewing the Ordinance and his opinion that the City should have a
viable option.
Action
Commissioner Curran made the motion to table this item until the
October 19, 2009
meeting.
Chairman Quandt called a point of order, and stated a motion to table the item means to postpone action to a
later date.
Commissioner Curran withdrew his motion.
Commissioner Smith made the motion to postpone discussion until a future date, Commissioner Sathe seconded the
motion and it was unanimously approved by a 5 ayes and 0 nays.
Chairman Quandt referenced the article distributed on the pervious pavers for information only.
Discussion ensued among the Commissioners of the applicability of these pavers for the Road Department's needs. They would be useful for impervious surfaces for driveways, etc. but not for road material.
J. Adjournment
Commissioner Smith made the motion to adjourn the meeting at
8:30
, motion seconded by Commissioner Curran and unanimously approved by 5 ayes and 0 nays. Meeting adjourned at
8:30 pm
.
___________________________ ______________________________
ROBERT QUANDT
MARIA MCCONNELL
CHAIR
ROAD SECRETARY
###
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