FEBRUARY 3, 2000
1. ROLL CALL: Mayor Lehmann called the meeting to order at 7:00 p.m. Mayor Lehmann and Councilors Church, Searcey, MacGregor, Moore and Welch answered the roll. Councilor Peterson was absent. A quorum was present.
2. CITIZEN COMMENTS AND CONCERNS:
A. Phil Martinson, Engineer, addressed the Council briefly regarding concerns about the wetlands/riparian study which had recently been done and which could impact over 200 acres of property in the community. He asked that the Council and the Planning Commission consider allowing him to give a 30-minute presentation to address them in regard to the issues regarding the wetlands setbacks, the status of the weigh station and the sewer concerns of the Ocean Hills, Golf Course and Battles properties. Mr. Dowsett expressed a concern regarding whether this would in some way compromise the planning process. Discussion ensued. Mr. Martinson explained that the discussion would be general, rather than specific to planning issues. Consensus of the Council was that the City Attorney and the City Planner would confer in regard to whether the subject could be brought up at the next workshop, and if they considered that there was no problem, the Council would allow a presentation. Mr. Kent Hazelwood, the new owners of Golden West Homes (Ocean Hills), indicated that the owners had not been apprised of the ongoing sewer master plan and other studies which impacted this area, and they had a lot of information which the City did not have access to, which they would like to share with the City. Councilor Welch moved to include the presentation from Mr. Martinson in the joint session with the Planning Commission if the City Attorney approved. Councilor MacGregor seconded, and the motion carried unanimously on a voice vote.
Mayor Lehmann noted that there were persons present to be nominated to various positions on the Parks Committee, Senior Center Advisory Board, the Budget Committee, and the Planning Commission. Sonna Bell appeared to be interviewed for the Parks Committee. Councilor Moore moved to appoint Sonna Bell to the Parks Committee, Councilor MacGregor seconded, and the motion carried unanimously on a voice vote. Cecil Vreeland appeared to be interviewed for the Senior Center Advisory Board. Councilor Welch moved to appoint Cecil Vreeland to the Senior Center Advisory Board, Councilor Searcey seconded, and the motion carried unanimously on a voice vote. It was noted that Ramon Pankey was not present to be interviewed for the Senior Center Advisory Board. Jack Howell appeared to be interviewed for the Budget Committee. Councilor Moore moved to appoint Jack Howell to the Budget Committee, Councilor Church seconded, and the motion carried unanimously on a voice vote. Mr. Dowsett noted that Maggie Rivers might be interested in serving again on the Budget Committee. Mayor Lehmann noted that Matt Pompel would also be interested. Councilor Moore moved to reappoint both individuals. Councilor Welch seconded, and the motion carried unanimously on a voice vote. Susan Woodruff appeared, to be interviewed for either the Budget Committee or the Planning Commission, if she could not serve on both. Mr. Dowsett noted that according to the Council's rules, a person could not be on both committees at the same time. Ms. Woodruff indicated a preference for the Planning Commission. Councilor Welch moved to appoint Susan Woodruff to the Planning Commission. Councilor Moore seconded, and the motion carried unanimously on a voice vote. Norm Streeter appeared to be interviewed for the Planning Commission. Councilor Searcey moved to appoint Norm Streeter to the Planning Commission, Councilor Moore seconded, and the motion carried unanimously on a voice vote. It was noted that the term for Planning Commission Chair Howard Uhl had expired, he was present and indicated his willingness to continue serving. Councilor MacGregor moved to reappoint Howard Uhl to the Planning Commission, Councilor Moore seconded, and the motion carried unanimously on a voice vote.
3. COUNCIL COMMENTS AND CONCERNS: Councilor Church noted that the City’s Web Page was up and running.
4. MINUTES: The Council considered the minutes from the January 6 and January 8, 2000 meetings. Councilor Searcey moved to approve the minutes as presented, Councilor Welch seconded and the motion carried unanimously on a voice vote.
5. STAFF REPORTS:
A. Sheriff’s Report: Lieutenant Stallard was present to answer any questions from the Council, and gave a brief update on the status of the abandoned vehicles which had been noted in the previous month. He also noted that improved communications with the City had now been instituted: the door to the office would be left open when the deputies were present, unless there was an interview or dealing with an anonymous person. A “dutch door” would be installed to facilitate this process. Foot patrols would also begin to take place in the business area and the Port Dock areas. From 9:00 to noon on the first Thursday of the month there would be a representative from the Sheriff’s department available for the public and City staff to bring concerns.
B. City Administrator: Mr. Dowsett noted that the codification had been received, and this would be the last entry after the ordinance was adopted. He also noted that the I & I repairs and the Intergovernmental Agreements had been added. He mentioned that the workshop sessions would be placed on the next agenda for consideration. Mr. Dowsett was on the agenda for the next Chamber meeting to discuss Economic Development issues, and he invited any interested persons to attend the meeting on Thursday, February 10 at noon. He noted that the last of the microphones had been acquired, a new desk for the City Clerk had been made, and the lights in the Council chamber had been replaced, being changed out to bulbs which were more compatible with the ballasts.
C. City Attorney: Mr. Hammersley noted that the Sagaitis lawsuit was still pending decision. The other two items would be addressed in Executive Session.
D. City Engineer: The Council considered the written report. Councilor Searcey asked about the status of the Ocean Hills project. Mr. McClintock mentioned that he would address this issue in his report.
E. Public Works Director: Mr. McClintock indicated that the original design “fixes” for Ocean Hills had been reevaluated. Following the last meeting, he had proposed that the spill reduction measures would be accomplished by the Public Works department, and then monitored to determine the efficacy of the repairs. Councilor Searcey asked if there was any greater danger of a spill with the proposed measures as opposed to the original holding tank. Mr. McClintock indicated that, in his opinion, he did not foresee a problem. Discussion ensued. It was determined that there were 35 lots in the original phase, it would probably not be detrimental to add the remaining lots once the fixes had been accomplished. Mr. McClintock noted that a recent inspection of the new pump station had been favorable. However, the controls had failed the previous day. They were still under warranty and would be replaced. Manhole rehabilitation was ongoing, as a bid had been received from the contractor. He gave an update on the improvements at the water treatment plant, noting that it was now possible to turn the plant off over the weekend, which reduced overtime. The line flushing would take place the following month, and customers would be apprised as part of the billing process. He noted that the City Park property behind Norwood Heights had been the site of a recent waterline fix, where motorized vehicles being operated had exposed about 80’ of pressure main which had to be rocked and recovered. The area would also be posted to prevent the situation from recurring. In response to a concern which had been expressed in the local newspaper, Mr. McClintock noted that the striping on Range Drive and throughout the City was still on the schedule to be completed, however they needed at least three days of good weather to accomplish the task. In response to a question from Councilor Welch, Mr. McClintock noted that the manhole repairs would reduce the I & I on the Golf Course approximately 30%.
F. Planning Report: The Council noted the report in the packet materials.
6. COMMITTEE REPORTS:
A. Finance and Administration: Councilor MacGregor moved to make a policy allowing staff to adjust the sewer bill to 50% of the difference between the leak bill and the average bill. Councilor Welch seconded. He explained that this was for an adjustment in which there was a failure which resulted in water going into the sewer collection system, rather than a waterline break. Discussion ensued. Councilor MacGregor withdrew his original motion and then moved to direct staff to draw up the policy and bring back to the March Council meeting. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
B. Infrastructure Planning: Councilor Moore noted that the Committee had made a recommendation to adopt Option 3 as outlined in their minutes in regard to the provision of raw water. Councilor Moore asked that the City Administrator contact the affected customers to participate in a discussion. The Council would table the decision until after the discussion took place and the City Administrator reported to the Council.
Councilor Searcey moved to adopt the City of Waldport Street Light Installation Policy as presented, Councilor Welch seconded, and the motion carried unanimously on a voice vote.
Following a brief discussion, consensus of the Council was a clarification that the Council had, at the last meeting, approved the gathering of information only in regard to the formation of a Water Authority.
C. Mayor Lehmann noted that the application for the memorial bench should state that there would only be 8 words allowed in the plaques, and the donations may be tax deductible. Three benches and a gaming table were proposed for Meridian Park, then if there was interest, additional benches would be installed at Keady Wayside.
7. CONSENT CALENDAR: Councilor MacGregor moved to approve the Consent Calendar, which included the following items: the City Engineer bill from December, 1999; the City Attorney bill from October thru December, 1999; and Pay Request #2 from Laskey-Clifton. Councilor Searcey seconded and the motion carried unanimously on a voice vote.
8. CORRESPONDENCE: The Council considered the following items: a memo from OCZMA regarding rescheduling of meetings, a letter from the Port of Alsea regarding OYCC projects, and a letter from COG regarding openings on committees. No action was taken.
9. INFORMATIONAL ITEMS: The Council considered the following items: Waldport Public Library Board Minutes from December, 1999; the monthly circulation report from December, 1999; the Waldport Public Library Mission Statement; the South Lincoln Senior Advisory Council minutes from December, 1999; a letter from Mayor Lehmann to Mayor Roberts regarding law enforcement; and a letter from Attorney Hammersley to LinCom regarding termination of services. No action was taken.
10. PUBLIC HEARING: None.
11. NEW BUSINESS:
A. Golf Course Effluent Discussion: Mark Campbell, owner of Crestview Hills Golf Course, addressed the Council in regard to this proposal. He indicated that the previous season, the Golf Course had experienced a break in the waterline which had resulted in a charge of over $1400 for treated water. He had done some research in regard to the proposal to utilize effluent, and had discovered that there had actually been a bid process from the previous owner about five years ago. He had explored the option of applying for grant monies through Economic Development to assist in the process, and asked the Council for permission to utilize City staff assistance in moving forward with the idea. Discussion ensued. Mr. Campbell noted that he would be willing to pay for the maintenance and electricity for the pump station that would be required to bring the effluent to the golf course. Chris Chandler di Torrice noted that she could assist in the grantwriting process. Councilor Moore moved to authorize staff to assist Mr. Campbell not to exceed 40 hours without further review of the Council. Councilor Welch seconded. The motion carried unanimously on a voice vote. Mr. Campbell noted that another issue which had come to light which was not on the agenda was that a portion of his parking lot might actually belong to the City. The area in question was approximately 15-20 feet by 60 feet. He asked that the City consider vacating the property for two reasons: the public currently utilizes the parking lot to bypass the stop sign, and he proposed putting in a “green belt” to prevent this; and he could also then gravel and pave the area so that he can utilize it for additional parking. Consensus of the Council was that the ownership of the property needed to be ascertained prior to taking any action, and that the issue be given to the Infrastructure Committee for further review.
B. Interviews and Appointments to Committees/Commissions: Previously addressed. Mayor Lehmann noted that the requirements of the Senior Center Board composition did not currently state that any members had to be citizens of the City. Consensus of the Council was to refer the resolution to the Finance and Administration Committee for review.
C. Consideration of Memorandum of Understanding - City of Waldport and Road District #3: Councilor Moore moved to approve, Councilor Searcey seconded, and the motion carried unanimously on a voice vote.
D. Consideration of Time Limit for Temporary Building: It was noted that this was for the temporary building for the new bank going in across from City Hall. Councilor MacGregor moved to approve the temporary permit time limit for one year. Councilor Moore seconded, and the motion carried unanimously on a voice vote.
E. Enterprise Zone Discussion: Mayor Lehmann noted that the Council needed to look at the issue of who should be appointed to the board. The Council previously had appointed Mayor Lehmann and Councilor Searcey to the board, but one of the issues was that other agencies might not have a “say” in the process. The two issues before the Council were to appoint the representatives, and adopt a new resolution. Councilor MacGregor moved to approve Resolution 947, Councilor Searcey seconded. The motion carried unanimously on a voice vote. Consensus of the Council was that the Mayor and Councilor Searcey remain on the board.
F. Consideration of Ordinance Adopting the Waldport Municipal Code: Councilor Moore moved to adopt Ordinance No. 664, declaring an emergency and read twice by title only. Councilor MacGregor seconded. The Mayor read the Ordinance by title twice. Councilor Welch moved to adopt Ordinance No. 664, Councilor Church seconded, and the motion carried unanimously on a voice vote.
12. OLD BUSINESS: None.
13. EXECUTIVE SESSION: At 9:30 p.m., there being no further business to come before the Council, Mayor Lehmann recessed the Council meeting into Executive Session pursuant to ORS 192.660 (1)(h): To consult with counsel regarding current litigation or litigation likely to be filed. The Council reserved the right to return to open session.
14. ACTIONS, IF ANY, FROM EXECUTIVE SESSION: At 10:00 p.m., the Council returned to open session. Councilor Moore moved to approve the settlement agreement as amended, Councilor Searcey seconded, and the motion carried unanimously on a voice vote.
15. ADJOURNMENT: At 10:03 p.m., there being no further business to come before the Council, the motion was made, seconded and carried unanimously to adjourn.
Reda A. Quinlan, City Clerk
APPROVED by the Waldport City Council this 2nd day of March, 2000.
SIGNED by the Mayor this 2nd day of March, 2000.
Kim D. Lehmann, Mayor
FEBRUARY 17, 2000 City Council & Planning Commission Joint Meeting
1. ROLL CALL: Mayor Lehmann called the meeting to order at 5:45 p.m. Mayor Lehmann and Councilors Church, Peterson, Searcey, MacGregor, Moore and Welch, Planning Commission Chair Uhl and Commissioners Milligan, Hauser, Strawther, Woodruff and Streeter answered the roll. Commissioner Balen was absent.
2. DISCUSSION ITEM: Proposed Revisions to Development Code
Mr. Dowsett noted that there were several non-substantive changes which he and Mr. Hammersley would like to incorporate into the proposed document with the approval of the Council. Councilor MacGregor moved to forward the revised Development Code with the changes proposed by the City Attorney to the public for a public hearing. Councilor Peterson seconded. Discussion ensued. Councilor Peterson moved to go through the document, article by article. Councilor Church seconded. The motion carried unanimously on a voice vote.
The following is a synopsis of the discussion:
Articles 1, 5, 7, 11, 12, 13 and 14: No changes proposed by the group.
Article 2. Discussion regarding I-I zone, which had been removed from the Code as the City currently had no areas with that designation.
Article 3. Discussion regarding permitting radio and transmitter towers in R-1 zones, utilities in a flood zone, minimum lot size in an R-3 zone, and geotech requirements.
Article 4. Discussion regarding clear vision requirements. Question regarding garage requirements, the City Planner suggested that some communities require two parking spaces per dwelling unit, which enables the building of a garage.
Article 6. Discussion regarding extension of time limits for conditional use, home occupations, off-street parking requirements for bed & breakfast establishments.
Article 8. Discussion regarding rates for flood insurance coverage for construction below the base flood level.
Article 9. Discussion regarding natural hazard areas, requirement for geotech on slopes.
Article 10. Discussion regarding "treaty", determined to be insurance term. Discussion regarding change to insert "civil" before engineer, road improvement requirements, parks and open spaces.
It was determined that no further changes needed to be proposed. The motion to forward the document to a public hearing then carried unanimously on a voice vote.
3. ADJOURNMENT: At 7:02 p.m., there being no further business to come before the group, Councilor MacGregor moved to adjourn, Councilor Moore seconded, and the motion carried unanimously on a voice vote.
Reda A. Quinlan, City Clerk
APPROVED by the Waldport City Council this 6th day of April, 2000.
SIGNED by the Mayor this 6th day of April, 2000.
Kim D. Lehmann, Mayor