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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Dec. 8, 2016)
7A THE DAILY ASTORIAN • THURSDAY, DECEMBER 8, 2016 Dam: Lawsuit seeks to attach liability to the water district Continued from Page 1A The city argues the water district forfeited the easement by removing the tide gates and no lon- ger operating the structure as a dam. The city is citing a quiet title lawsuit in Cir- cuit Court in 1938 for surrounding land, as well as the city’s partnership with the Army Corps on the levee system, as justification for taking con- trol of the dam. The lawsuit describes the dam as a federal asset tied to two nearby levees, but holds that the city is the rightful owner, since the city has an obligation to maintain the entire flood-control system. Exhibits The draft of the lawsuit details many of the arguments Blitz has made publicly on behalf of Warrenton over the past few months. But import- ant new information is outlined in the exhibits, and the suit foreshadows some of the questions the city will likely encounter if it takes over the dam. The Natural Resources Conservation Ser- vice, in a February 2014 letter to the water dis- trict, declared that the federal interest in the dam was complete because the structure had reached its useful life of 50 years. The letter said the water district was free to operate and maintain the dam as the owner, including modifying or decommis- sioning the structure. But Ronald Alvarado, the state conservation- ist for the Natural Resources Conservation Ser- vice, who authored the 2014 letter, clarified in a letter to Blitz on Friday that the federal gov- ernment did not intend to infer the water district owned the property. The water district, Alvarado explained, was responsible for securing the city easement and any other rights necessary to arrange federal financing for the dam. More importantly, Ed Berger, an assistant dis- trict counsel for the Army Corps, wrote in an email to Blitz on Wednesday that the dam and the two nearby levees are “integrally-connected components of what appears to be a single flood risk reduction system.” The city’s lawsuit alleges the water district’s removal of the tide gates was a potential violation of federal law. Berger suggested the Army Corps would likely insist the tide gates — or replicas — be reinstalled on the dam and any damage to the levees be repaired. Liability The water district has an engineering plan that concludes removing the dam would not sig- nificantly increase flooding risk, although a city consultant has questioned whether the plan accu- rately modeled the flood plain. The state Water Resources Department found after a 2012 inspec- tion that the dam may no longer be capable of flood control and is likely a significant hazard. The state recommended further engineering analysis. The water district also barricaded a gravel road over the dam over liability concerns. If Warrenton prevails, after such an aggres- sive legal push to take control, the city will have to answer whether the dam is indeed necessary for flood control. Blitz has previously said the dam could be held by the city as an asset that could be removed later for wetlands mitigation on a development project. But that idea could be undermined now that the city is claiming an emergency exists and the dam needs to be oper- ated to prevent flooding. The lawsuit seeks to attach liability to the water district — for any failure to properly main- tain the dam for flood control — and recover the money necessary to reinstall the tide gates and restore the dam. Housing: Some have concerns about plan to add model homes Continued from Page 1A Submitted Photo “Exhibit A” shows Shilo’s income and tax bill. Seaside: Room tax for all hotels, motels set to increase in January Bankruptcy, restructuring Continued from Page 1A Penalties and interest con- tinue to accrue on the 113-room beachfront hotel in Seaside. “It certainly is a signifi- cant amount of money,” Van Thiel said. “It evidently is not enough because they don’t turn over the tax everybody pays when they stay at the Shilo Inn.” Shilo Inn, Seaside Ocean- front LLC paid out almost $146,000 — a late payment of more than $54,000 deliv- ered in July and a late pay- ment of $93,000 in delinquent room taxes, interest and penal- ties this fall — after two sim- ilar suits brought by the city. Those cases were closed after payments were made. A lawyer for Shilo Inn did not respond to a request for comment. Shilo Inn was founded in 1974 by Mark Hemstreet. The 47-hotel chain, headquartered in Portland, struggled after the Sept. 11, 2001, attacks inter- rupted the tourist industry. In 2002, more than half of Shilo Inns in nine states sought bankruptcy protection before re-emerging after reaching a deal with creditors. The Great Recession brought more closings to the Shilo Inn chain, which included both the Seaside Oceanfront and Seaside East on Holladay Drive. In 2015, Shilo’s federal bankruptcy cases resulted in a restructuring deal and the sale of some Shilo properties, including the sale of Shilo Inn Seaside East. The city was not a part of the federal proceedings, THE DAILY ASTORIAN T HURSDAY E VENING A (2) (-) (-) (6) (-) (8) (9) (10) (12) (13) (-) (20) (-) (29) (30) (31) (32) (34) (35) (36) (38) (39) (43) (44) (45) (46) (47) (48) (49) (50) (51) (52) (53) (54) (56) (57) (58) (61) (63) (64) (65) (162) L KATU KOMO KING KOIN KIRO KGW KRCW KOPB KPTV KPDX KCPQ TBS KZJO ESPN ESPN2 NICK DISN FAM FMC LIFE ROOT FS1 SPIKE COM HIST A&E TLC DISC NGEO TNT AMC USA FOOD HGTV FX CNN FNC CNBC BRAV TCM SYFY RFD (2) (4) (5) (-) (7) (-) (3) (10) (12) (-) (13) (20) (22) (29) (30) (31) (32) (34) (35) (36) (38) (39) (43) (44) (45) (46) (47) (48) (49) (50) (51) (52) (53) (54) (56) (57) (58) (61) (63) (64) (65) (162) 6 Van Thiel said. ‘No defenses’ Shilo Inn brought in gross rents of about $1.4 million in taxable rents in Seaside for the period ending Sept. 30, of which 8 percent is subject to the city’s room tax collection. In January, the room tax for all hotels and motels increases to 10 percent, with the hike to fund Seaside Civic and Con- vention Center upgrades. Van Thiel said he has had trouble on occasion collecting lodging taxes, but “it’s been some time” since delinquency has led to court action. “In the previous two times, (Shilo) paid the money,” Van Thiel said. “And I expect them to this time. They don’t have any defenses to it. I’m not going to let them sit there and fool around.” The homes would be avail- able for those who make about 70 to 100 percent of the area’s median income. Before purchasing the manufactured homes, the city would have to amend the bud- get or wait until the new fiscal year in July, Barnes said. Other decisions — management, rent costs, the process of screening applicants, the homes’ location within the RV Resort and more — have yet to be made. Another potential develop- ment could take place at the former children’s center site in Tolovana. “If City Council agrees to move forward with the devel- opment proposals described, additional analysis, discussion and planning will be needed to move forward thoughtfully with an implementation plan,” the report stated. “I think we’re fortunate to have city-owned property that gives us the opportunity to develop projects like this,” Councilor Mike Benefield said. “Most cities don’t, and they’re struggling.” Code amendment recom- mendations include ensuring that city fees, accessory dwell- ing units and multifamily hous- ing encourage the develop- ment of affordable, long-term rentals. Another option the city could pursue, the report stated, is limiting the growth of short- term rentals through a com- bination of capping permits, neighborhood-specific regula- tions and enforcement. Location concerns Some who reside by the RV Resort on Elk Land Road and Haskell Lane have concerns about the plan to add park model homes. “Protecting property val- ues will be directly related to the increased amount of peo- ple, traffic flow and types of buildings erected,” Rick Hud- son and Laurie Hudson wrote in a letter to the city. “We pur- chased our home because of its location, its seclusion and its quiet corner of Cannon Beach.” Resident Jan Siebert-Wahr- mund said although she has concerns about the potential locations for housing recom- mended by the report, she will “try to keep an open mind.” Councilor George Vet- ter expressed concerns about “diminishing” the RV park’s value. Barnes said he would provide an analysis on the financial impact the park models could have on the RV Resort. “We live in a beautiful place,” Vetter said. “People are willing to pay a lot of money for property. If we build some- thing or put something up within the area of where these people want to be, the pressure is always there.” He said if affordable hous- ing were placed on the edge or outside the city, “the pressure” would not be there. The task force is not look- ing to place affordable hous- ing in “an area set aside that’s less than equal to anyplace else in our city limits,” Councilor Melissa Cadwallader said. “As a fellow councilor, I find your comments about, ‘we should be looking at less favorable property to be used,’ to not be a good starting point for devel- oping what this task force hoped to develop.” The appointed task force included Duane Johnson of Duane Johnson Real Estate; Todd Johnston, Northwest Oregon Housing Author- ity executive director; Ken McQuhae, retired engineer and resident; Dave Norstedt, Martin Hospitality vice pres- ident of operations; Brandon Ogilvie, a local contractor; Sheri Russell, Columbia Bank branch manager; City Man- ager Brant Kucera; and coun- cil liaison Cadwallader. ‘If we build something or put something up within the area of where these people want to be, the pressure is always there.’ Councilor George Vetter LISTINGS A - Charter Astoria/ Seaside - L - Charter Long Beach Evening listings THURSDAY D ECEMBER 8 PM 6:30 7 PM 7:30 8 PM 8:30 9 PM 9:30 10 PM 10:30 11 PM 11:30 KATU News at 6 Jeopardy! Wheel of Fortune Toy Story Shrek the Halls Baking Show "Bread Week" (N) Notorious "Taken" (SF) (N) KATU News at 11 (:35) Jimmy Kimmel KOMO 4 News Wheel of Fortune Jeopardy! Toy Story Shrek the Halls Baking Show "Bread Week" (N) Notorious "Taken" (SF) (N) KOMO 4 News (:35) Jimmy Kimmel (5:20) NFL Football Oakland Raiders at Kansas City Chiefs Site: Arrowhead Stadium -- Kansas City, Mo. (L) 5th Quarter Evening Evening Dateline NBC KING 5 News (:35) Tonight Show KOIN Local 6 at 6 CBS Evening News Extra Ent. Tonight Big Bang Theory Great Indoors (N) Mom (N) Life in Pieces (N) Genius "A Bunker Hill Christmas" (N) KOIN 6 News @ 11 (:35) S. Colbert KIRO 7 News CBS Evening News The Insider Ent. Tonight Big Bang Theory Great Indoors (N) Mom (N) Life in Pieces (N) Genius "A Bunker Hill Christmas" (N) KIRO News (:35) S. Colbert (5:20) NFL Football Oakland Raiders at Kansas City Chiefs Site: Arrowhead Stadium -- Kansas City, Mo. (L) Paid Program Paid Program Inside Edition Dateline NBC KGW News at 11 (:35) Tonight Show Last Man Standing Last Man Standing Modern Family Modern Family LegendTomor. "The Chicago Way" (N) Supernatural "Lotus" (N) KGW News at 10 Two and a Half Two and a Half Met Your Mother Painting the Town Business (N) PBS NewsHour Age Reversed With Miranda Esmonde-White Viewer's Choice 6 O'Clock News Family Feud Family Feud Taraji's White Hot Holidays (N) Pitch "Don't Say It" (N) 10 O'Clock News 11 O'Clock News 2 Broke Girls Mike & Molly Mike & Molly Big Bang Theory Big Bang Theory FOX 12's 8 O'Clock News on PDX-TV FOX 12's 9 O'Clock News on PDX-TV Family Guy Family Guy American Dad Cleveland Show Modern Family Modern Family Big Bang Theory Big Bang Theory Taraji's White Hot Holidays (N) Pitch "Don't Say It" (N) Q13 News at 10 Q13 News The Simpsons Seinfeld Seinfeld Seinfeld 2 Broke Girls 2 Broke Girls 2 Broke Girls Big Bang Theory Big Bang Theory Big Bang Theory Big Bang Theory Conan (N) Two and a Half Two and a Half Last Man Standng Last Man Standng Modern Family Modern Family Q13 News at 9 Big Bang Theory Big Bang Theory Friends Friends Champ.Drive "Playoff Preview" (L) College GameDay (N) SportsCenter SportsCenter SportsCenter SportsCenter (5:00) NCAA Basketball Iowa/Ia. (L) SportsCenter WorldofSport (N) World of Sports Jalen & Jacoby (N) 30 for 30 Shorts 30 for 30 "The '85 Bears" Super Bowl XX champion Chicago Bears are looked at. Full House Full House Friends Friends Henry Danger Henry Danger Henry Danger The Thundermans Ice Age: The Meltdown (‘06) Voices of John Leguizamo, Ray Romano. Aladdin (‘92) Voices of Scott Weinger, Robin Williams. (:40) Cali Style Hannah Montana Hannah Montana Bizaardvark Bizaardvark (:05) Girl Meets W. Bizaardvark K.C. Undercover Friends Whenever Elf (2003, Comedy) James Caan, Bob Newhart, Will Ferrell. A Christmas Carol (‘09, Ani) Voices of Gary Oldman, Colin Firth, Jim Carrey. (5:00) Deck the Halls Danny de Vito. The 700 Club (5:00) The Other Woman Cameron Diaz. (:15) The Other Woman (2014, Comedy) Nikolaj Coster-Waldau, Leslie Mann, Cameron Diaz. (:25) What's Your Number? (‘11, Comedy) Chris Evans, Ari Graynor, Anna Faris. (:35) FXM Presents Runway "Life Is Full of Surprises" Project Runway "A Power Trip" Runway (N) (:50) P.Runway (N) Project Runway "An Unconventional Trip" Project Runway: Fashion Startup (N) PR Startup (5:30) WPT Poker NPGL Fitness New York Rhinos vs. D.C. Brawlers AMA Supercross -- St. Louis, Mo. Champions Tennis (5:30) NCAA Basketball Texas A&M vs. TCU (L) Fox College Hoops Fox Sports Live TMZ Sports (N) Speak for Yourself Skip and Shannon: Undisputed Opinions on the biggest sports topics of the day. Cops Jail Cops Cops Cops Cops Cops Cops Cops Cops Cops Cops (5:50) Futurama (:25) Futurama (:55) Futurama Futurama Tosh.0 Tosh.0 Amy Schumer: Mostly Sex Stuff Trevor Noah: African American The Daily Show (N) @midnight (N) Pawn Stars Pawn Stars Pawn Stars Pawn Stars Alone "Making the Cut" (N) Alone "A New Land" (N) (:05) The Selection "Dip in the Fire" (N) (:05) The Selection "Dip in the Fire" The First 48 The First 48 "Stray Shot" First 48 "Bad Romance/ Out of Control" Nightwatch "Pride" (N) Gangland Undercover "Nowhere Man" The First 48 "Deadly Premonition" (N) Long Lost Family My 600-lb Life "James' Story" My 600-lb Life "Chuck's Story" My 600-lb Life "Teretha's Story" Extreme Weight Loss "Sara" My 600-lb Life "James' Story" Fast N' Loud Fast N' Loud: Revved Up (N) Fast N' Loud "'Hot' Wheels of Fortune" (N) (:05) FastLoud "'Hot' Wheels of Fortune" Untamed Americas "Deserts" Wild Yellowstone "The Frozen Frontier" Wild Yellowstone "Grizzly Summer" Wild Hawaii "Secrets of the Deep" Wild Hawaii "Land of Fire" Wild Mississippi "Raging Waters" (4:00) NBA Basketb. NBA Basketball San Antonio Spurs at Chicago Bulls Site: United Center -- Chicago, Ill. (L) Inside the NBA NBA Basketball Minnesota Timberwolves at Toronto Raptors The Italian Job (2003, Action) Charlize Theron, Donald Sutherland, Mark Wahlberg. Inside Man (‘06, Thriller) Clive Owen, Denzel Washington. (5:00) Goodfellas (1990, Crime Story) Joe Pesci, Robert De Niro, Ray Liotta. Law & Order: S.V.U. "Justice Denied" Law & Order: S.V.U. "Father Dearest" Law & Order: S.V.U. "Twenty-Five Acts" Law&Order: SVU "Sheltered Outcasts" Falling Water "The Well" (N) (:05) Law&O: SVU "Monster's Legacy" Chopped "Gyro We Go Again" Chopped "Family Food Fight" Chopped "Test Tendon Intentions" Chopped "Taco Time!" (N) Beat Flay (N) Beat Bobby Flay Beat Bobby Flay Beat Bobby Flay Flip or Flop Flip or Flop Flip or Flop Flip or Flop Flip or Flop Flip or Flop Flip or Flop (N) Flip or Flop House Hunters (N) House Hunters (N) House Hunters House Hunters Ice Age: Continental Drift (‘12) Voices of Denis Leary, Ray Romano. Hotel Transylvania (‘12, Ani) Kevin James, Andy Samberg, Adam Sandler. Hotel Transylvania (‘12, Ani) Kevin James, Andy Samberg, Adam Sandler. Anderson Cooper 360 CNN Tonight With Don Lemon CNN Tonight With Don Lemon Anderson Cooper 360 Anderson Cooper 360 CNN Tonight With Don Lemon The Kelly File With Megyn Kelly Hannity The O'Reilly Factor The Kelly File With Megyn Kelly Hannity On the Record Shark Tank Shark Tank Shark Tank Jay Leno's Garage "Just Add Water" Jay Leno Garage "The Essence of Cool" Paid Program Paid Program Million Listing "White Wedding Day" Million Listing "Zeppo Marx the Spot" Listing "Nightmare on Altman Street" Million Dollar List "Turn and Burn" (N) Top Chef "Southern Hospitality" (N) WatchWhat (N) Million Dollar List (5:00) The Glass Menagerie (‘50, Dra) (:15) Period of Adjustment (‘62) Anthony Franciosa, Jim Hutton, Jane Fonda. (:15) The Glass Menagerie (1950, Drama) Movie Resident Evil: Afterlife (‘10) Wentworth Miller, Ali Larter, Milla Jovovich. Maleficent (2014, Adventure) Elle Fanning, Sharlto Copley, Angelina Jolie. (5:00) The Wolfman (‘10) Emily Blunt. Dark Shadows (‘12, Fant) Johnny Depp. SF Machinery Small Town Rural America "Tarter Farm and Ranch" Steve Lantvit Rural Eve. News Market Journal GA Farm Monitor SF Machinery Small Town Time Life Library
