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CITY COUNCIL MEETING MINUTES

JULY 6, 2000


1. CALL TO ORDER AND ROLL CALL: Mayor Lehmann called the meeting to order at 7:00 p.m. Mayor Lehmann and Councilors Church, Peterson, Searcey, MacGregor, Moore and Welch answered the roll. A quorum was present.
2. CITIZEN COMMENTS AND CONCERNS: Susan Woodruff, 190 SW Maple St., addressed the Council in regard to the Maple Street speeding problem. She had spoken at the Traffic Safety Committee meeting, and mentioned that the minutes had stated that the Committee was to recommend making Maple Street a one-way street. She asked that the Council consider the speed bumps as an alternative to making the street one-way. It was determined that the rest of the citizens present wished to address the same issue, Mayor Lehmann suggested that they speak to the issue when it was addressed on the agenda.
3. COUNCIL COMMENTS AND CONCERNS: Mayor Lehmann noted receipt of a letter from Phil Martensen in regard to Council support of the idea of moving the weighstation on Highway 101 south of town in order to allow development of the commercial property in Ocean Hills. Consensus of the Council was to respond neutrally to the issue. Mr. Dowsett noted that an additional executive session was required to address labor issues, pursuant to ORS 192.660(1)(d). Councilor Moore suggested that, given the number of people present to address the issue, the Traffic Safety Committee minutes be moved up on the agenda. Consensus of the Council was favorable.
 Councilor Welch gave a brief review of the minutes from the Traffic Safety Committee meeting. He noted that there were several suggestions to address the traffic problems on Maple Street, including the installation of speed ramps, "grooving" the pavement, making Maple Street a one-way, or closing the street off. He also stated that another recommendation from the committee was the installation of a stop sign for west bound vehicles on Hemlock Street (Highway 34) at the entrance to the Interpretive Center and the intersection of Maple Street. The third issue which was discussed at length was in regard to tsunami evacuation and possible problems, and the committee asked that the Sheriff's Office and the Fire Department look at the issue.
 The following persons addressed the Council in regard to the suggested measures for Maple Street: Julian McFadden, Paula Estes, John Burnham, Jan Power, Jerry Clark, Sam Staples, Susan and Ray Woodruff. All of them expressed concern in regard to traffic problems on the street, particularly speeding and danger to pedestrians and small children. None of the persons present advocated the suggestion that Maple Street be made one-way. All those who spoke were in favor of speed bumps or ramps, and several were in favor of making Maple Street a dead-end street. Mayor Lehmann asked about the petition circulated by Ms. Woodruff, who indicated that a majority of the residents on both sides of the street were not in favor of the one-way street although not all had been contacted yet.
 Councilor Welch noted that it may take a while to come to a consensus on the speed issue, but asked that the Council consider the installation of the stop sign. He then moved to approve the installation, Councilor Peterson seconded. A brief discussion ensued. The motion carried unanimously on a voice vote. The Council invited input from the Public Works Director and the Sheriff's deputy in regard to the installation of speed ramps. Mr. McClintock indicated that he did not have a lot of experience in the issue of speed ramps, but his daughter lived on a street which did have speed bumps and a posted speed of 20 mph, he indicated that it was difficult to go over that posted speed. Last time he looked at the premolded recycled rubber ramps, they cost around $1000 each. Asphalt would be less expensive, but he had not yet researched the actual cost. Lt. Stallard indicated that he had seen speed ramps used effectively to slow down vehicles near the high school and other residential areas in Lincoln City. He indicated that it should not affect their response to anything in the area, and was more concerned about closing off one end of the street. He mentioned that increased signage would necessitate increased patrols until citizens were familiar with the new traffic control devices. Mayor Lehmann asked about liability for damages to vehicles due to speed bumps. Mr. Woodruff stated that the City of Portland has experienced no problem with that issue, as they have installed warning signs and the ramps are painted. Councilor Church moved to authorize the Public Works department to install speed ramps and appropriate signage on Maple Street, number and location of which to be left to their discretion, at a cost not to exceed $1000 per speed ramp, and to have the Finance and Administration Committee develop a policy. Councilor Peterson seconded. Discussion ensued regarding whether the policy should be developed before the devices were installed, other streets which might benefit from such an application, and the specifications for installation. Councilor MacGregor moved to amend the motion, to make the approval contingent on the installation fitting the guidelines which would be developed by the Finance and Administration Committee. Further discussion ensued. The motion to amend died for lack of a second. The main motion then carried, with Councilors Church, Peterson, Welch and Moore voting "Aye", Mayor Lehmann and Councilors Searcey and MacGregor voting "Nay".
4. MINUTES: The Council considered the minutes from the June 1 and June 22, 2000 Council meetings. Councilor Welch moved to approve the minutes as presented, Councilor Searcey seconded, and the motion carried unanimously on a voice vote.
 Mr. Dowsett noted the presence of Joan Williams and suggested that the swearing in ceremony for the Municipal Court Judge be moved up on the agenda. City Attorney Hammersley administered the oath of office, and the Council congratulated Ms. Williams on her appointment.
5. STAFF REPORTS:
 A. Sheriff: Lt. Stallard was present to answer questions in regard to the May report. He also distributed a list of calls outside the City limits which had been addressed by the deputies on duty in Waldport and noted that some of those responses involved in having to work in other districts for training purposes, or it was a high priority incident and that deputy was the closest available, or if the south county deputy is tied up and another officer could take the telephone call at the office for that deputy. Gridding the call would show the location of the incident, not the location of the officer responding to the call. Consensus of the Council was that this report did not have to be generated every month. Councilor Welch mentioned that he had asked Deputy Endicott to prioritize the potential response to a tsunami event and asked Lt. Stallard for his input. Lt. Stallard responded that his concern would be the possible traffic problems, especially on Crestline, as the traffic would be headed south. Secondarily, their concern would be to evacuate those who were unable to leave the area. He also suggested community education in advance of such an event would be helpful, to ensure that everybody knows what the plan is and what to expect. Councilor Church commended the Sheriff's department on their "open door" policy.
 B. City Administrator: Mr. Dowsett noted one change on his status report, as the work session on the water report was rescheduled for 4:00 on the 11th. Councilor Searcey mentioned that the beavers were back, Mr. McClintock indicated that he would address the water pipe issue as soon as possible. Mr. Dowsett was meeting at 8:30 a.m. on the 14th of July with Terri Black from the RARE program, and asked that the Public Works Director, members of the Council and the Mayor be available for input, along with the Planner, Ms. Vagenas, and Mr. Balen from the Planning Commission. He noted that a letter had been received from Ocean Hills in regard to permission to mow the entrance to the subdivision. He noted that the City's response was that the property was either 101 right-of-way or private property. Consensus of the Council was to have Mr. Dowsett respond accordingly. Mr Dowsett mentioned that he had received a copy of a resolution from the City of Toledo in response to the proposed Intergovernmental Agreement, and would distribute copies to the Council. In regard to a memo from the League about elected officials involvement in initiative petitions, he noted that City staff had a publication available which addressed the potential problems. Mr. Dowsett noted that he would be out of the office from the 19th to the 21st for ongoing education, which would be paid for by the City of Yachats.
 C. City Attorney: Mr. Hammersley noted that he had received an order from Judge Branford in regard to the Sagaitis lawsuit. He has ruled that his opinion was that one or more of the lenders should be included as a defendant. Mr. Sagaitis would have to file an amended complaint and join the lenders. Mr. Hammersley's intention was to object to the previously filed amended complaint which did not specify the lenders. He indicated that there were several other issues which he would address as they came up on the agenda, as well as items to be addressed in executive session. Councilor Moore asked about the City Attorney's role in bankruptcy matters. Mr. Hammersley responded that when the City had a claim in an asset bankruptcy case, a proof of claim needed to be filed and communication established with the person's attorney in order to maintain the status of the current bills. The City Attorney would only be involved if it was an asset bankruptcy and a substantial amount of money due. Councilor Welch mentioned that he had gone through the Rocky Creek Resolution and proposed additional clarifications.
 D. City Engineer: The Council considered the written report in the packet materials.
 E. Public Works Director: Mr. McClintock noted that a title transfer needed to be done for the 1988 Chevrolet pickup, the high bid was $1,500. Councilor Moore moved to authorize the City Administrator to sign the title, Councilor Church seconded, and the motion carried unanimously on a voice vote. The sole bid for the asphalt work was $47.95 per ton from Road and Driveway. Mr. McClintock noted that the date for the installation of the tsunami siren was July 17, 2000. He gave a brief update of the progress of the work on the stormdrain project in Old Town and anticipated the project would be completed in approximately four weeks. Councilor Moore asked about the status of the Golf Course pump station. Mr. McClintock indicated a recent request for a portion of the retainage had been received, but the City would not release any of the retainage until the controller was performing satisfactorily. Pacific View Street improvements would begin in a couple of weeks. Councilor Peterson suggested that the City obtain a contractor to install the additional building near the public works shop, as the public works crew might well be occupied through the building season. Mr. McClintock indicated that he had not budgeted outside contract work to erect the building, but he would look at the issue with the City Administrator and ascertain if there was money available in the budget.
 F. City Planner - None
6. COMMITTEE REPORTS:
 A. Finance and Administration: Councilor Searcey mentioned that the draft minutes were in the packet and would be approved at the next meeting on Tuesday, June 11. She noted that the Senior Center floor would continue on the status report, as the Public Works Director had not yet had a chance to look at it.
 B. Infrastructure Planning: Councilor Moore stated that the final report from Bartlett would be emailed to the City on Friday, and he asked that staff forward the email when it was received.
 C. Parks & Recreation: Mayor Lehmann noted that a proposed resolution was distributed to the Council in regard to applying for the grant for the Keady Wayside project, as the Port could not apply. Councilor Searcey moved to approve Resolution 958, Councilor Church seconded. The motion carried unanimously on a voice vote. Mayor Lehmann mentioned that Mr. McClintock had looked at the possibility of selectively cutting some of the trees on the City's property, but that the City was not considering "clear-cutting" any property. In addition, there was property available on Rebel Road which could potentially be sold and the proceeds put into the park development fund. Councilor MacGregor asked that the Committee consider a park for children as well. Mayor Lehmann responded that the Crestline Park area and the other 15 acres could be developed but it would require money to do so, which is one reason they were proposing to sell one of the pieces of property. Mayor Lehmann suggested that the Council look at the Rebel Road property and have Mr. Dowsett research easements and procedures for going about the sale. Mr. Dowsett indicated that the process will probably require calling the property surplus and having a public hearing. Mayor Lehmann also gave a brief overview of the "Art on the Avenue" project from Wenatchee. The Parks Committee would like to pursue a similar idea, called "Art in the Parks" and requisition five pieces. Councilor Searcey moved to authorize the Parks committee to start the project. Councilor MacGregor seconded, and the motion carried unanimously on a voice vote.
 In regard to the plans for Keady Wayside, Councilor Moore asked about the architectural drawings, wondering how they had been paid for. Mayor Lehmann indicated that the State Parks had provided the architect. Councilor MacGregor noted that the "totem poles" which were proposed probably had greater impact on viewing than the recently proposed skateboard park. Discussion ensued regarding the plans. Mayor Lehmann noted that the approval for the project would come from the Council.
 At 9:00 p.m., the Council recessed for a 10-minute break. At 9:10 p.m., the Council meeting reconvened.
 D. Traffic Safety - June 27, 2000 minutes: Previously addressed.
7. CONSENT CALENDAR: The Council considered the following items: City Engineer Bill - May, 2000; Jensen, Elmore & Stupasky bill; City Attorney Bill - May, 2000; and a request from Chamber of Commerce/Proclamation for Old Tyme Arts and Crafts Fair. Councilor Moore moved to approve the Consent Calendar, Councilor Searcey seconded, and the motion carried unanimously.
8. CORRESPONDENCE: The Council considered letters from the following: CWCOG, Charter Communications, the Mayor to the Chair of the Planning Commission, Dyer Partnership, US Census 2000 and Lincoln County Communications. No action was needed.
9. INFORMATIONAL ITEMS: The Council considered the following items: the Municipal Court Reports for May and June, the Senior Center Board minutes from June 19, the Library Board minutes from May 3 and the Monthly Circulation report. Mayor Lehmann asked to hold out the Senior Center minutes. She explained that in regard to the weeding issue, the previous minutes had indicated that Public Works be asked to do the weeding. She had suggested to Mr. McClintock that they look at obtaining Angell Job Corps students at $7.00 per hour, the time to be charged to the Senior Center as the policy was that the Senior Center be self-supporting, unless a formal decision on the part of the Council would be to pay it out of the General Fund. Discussion ensued. Councilor Searcey explained that the concern from the Senior Center was that this took place after the budget process, so they did not have an opportunity to budget for it. The total of the bill was approximately $220.
10. PUBLIC HEARING(S) - None
11. NEW BUSINESS:
 A. Consideration of Contract for Municipal Court Judge Services: Councilor Searcey moved to approve the contract, Councilor MacGregor seconded, and the motion carried unanimously on a voice vote.
 B. Administration of Oath of Office - Municipal Court Judge: Previously addressed.
 C. Consideration of Recommendation for Appointment from Library Board: Councilor Moore moved to approve the appointment of Ms. Frenger to a four-year term. Councilor Searcey seconded, and the motion carried unanimously on a voice vote.
 D. Consideration of Request from CSC re Housing Rehabilitation Program: The Council clarified that the previous motion of the Council was to allow CSC to continue to administer the program. Mayor Lehmann noted that one concern was that the Committee had recently approved two loans which had resulted in the City's having to take action because of their position. Discussion ensued regarding possible exceptions. It was noted that the policy did not allow for loans outside the program's purview, and Mr. Dowsett would convey that concern to Mr. Hatley. Consensus of the Council was that the Finance and Administration Committee should review the policy and the loan committee composition. In addition, the Council confirmed that no exceptions to the written policy would be allowed.
 E. Oregon Recreation & Park Association Annual Conference: Mayor Lehmann noted that there were several workshops which would be beneficial to Parks Development, and offered to attend. Councilor Welch moved to have the Mayor attend the conference. Councilor Church seconded. The motion carried, with Councilor Peterson abstaining. His explanation was that the information was readily available in the local area. According to the Council rules, the Council had to vote to accept the abstention. Councilor Church voted to allow the abstention, Mayor Lehmann and Councilors Searcey, MacGregor, Moore and Welch voted against allowing the abstention. Councilor Peterson withdrew his abstention and voted "no".
 F. Consideration of Resolution Authorizing Negotiation of Intergovernmental Agreement for Water: Mr. Dowsett noted that the latest version, with Councilor Welch's proposed revisions, was not in the packet. Councilor Welch then reviewed and explained the reasons behind the proposed revisions, noting that there were no substantial changes. Mr. Hammersley reviewed the changes and indicated that there were no problems. Councilor MacGregor then moved to approve Resolution 959, Councilor Searcey seconded, and the motion carried unanimously on a voice vote.
 G. Lease Agreement for CWCOG for the Fire Hall Meeting Room: Councilor Searcey moved to approve the lease, Councilor Church seconded. Following a brief discussion, Councilor Searcey moved to amend the motion, to include the term of two days a week, and any other non-substantive changes as approved by the City Attorney. Councilor MacGregor seconded. The motion to amend carried unanimously. The main motion to approve the lease then carried, with Mayor Lehmann and Councilors Church, Searcey, MacGregor, Welch and Moore voting "Aye", Councilor Peterson voting "Nay".
12. OLD BUSINESS: None
13. EXECUTIVE SESSION(S): At 9:40 p.m. there being no further business to come before the Council, the Council recessed into executive sessions, pursuant to ORS 192.660(1)(h): To consult with counsel regarding current litigation or litigation likely to be filed; and ORS 192.660(1)(e): To conduct deliberations with persons designated by the governing body to negotiate real property transactions; and ORS 192.660(1)(d): To conduct deliberations with persons designated by the governing body to carry on labor negotiations. The Council reserved the right to return to open session.
14. ACTIONS, IF ANY, FROM EXECUTIVE SESSIONS: None.
15. ADJOURNMENT: At 10:56 p.m., the Council returned to open session. The motion to adjourn was made, seconded, and carried unanimously on a voice vote.
Respectfully submitted,
Reda A. Quinlan, City Clerk
APPROVED by the Waldport City Council this 3rd day of August, 2000.
SIGNED by the Mayor this 11th day of August, 2000.
Kim D. Lehmann, Mayor



JULY 11, 2000 (SPECIAL MEETING)


1. CALL TO ORDER AND ROLL CALL: Mayor Lehmann called the meeting to order at 8:16 a.m. Mayor Lehmann and Councilors Church, Searcey, MacGregor, Moore and Welch answered the roll. Councilor Peterson arrived at 8:20 a.m. A quorum was present.
2. EXECUTIVE SESSION: At 8:17 a.m., the Council recessed to executive session, pursuant to ORS 192.660(1)(h): To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. The Council reserved the right to return to open session.
3. ACTIONS, IF ANY, FROM EXECUTIVE SESSION: At 8:41 a.m., the Council reconvened in open session. Councilor Searcey moved to approve the verbal settlement with Southwest Lincoln County Water District as discussed in executive session, with any written agreement authorization to be presented for adoption after being agreed to by both sides, and to honor the requested confidentiality agreement. Councilor Welch seconded the motion, which then carried unanimously on a voice vote.
4. ADJOURNMENT: At 8:42 a.m., there being no further business to come before the Council, the motion to adjourn was made, seconded, and carried unanimously on a voice vote.
Respectfully submitted,
Reda A. Quinlan, City Clerk
APPROVED by the Waldport City Council this 3rd day of August, 2000.
SIGNED by the Mayor this 11th day of August, 2000.
Kim D. Lehmann, Mayor



JULY 11, 2000 (WORKSESSION)


1. ROLL CALL: Council President Moore called the meeting to order at 4:05 p.m. Councilors Church, Searcey, MacGregor, Moore and Welch were present. Mayor Lehmann arrived at 4:08 p.m. Councilor Peterson was absent. A quorum was present.
2. DISCUSSION ITEM: Water Rate and SDC Presentation - Draft Plan: Mr. Bartlett addressed the Council in regard to the Preliminary Financial Plan and Rate Analysis which he had put together for the City. Discussion ensued. Mr. Bartlett then gave a brief review of the SDC study, indicating that further discourse with staff needed to be done before the final report was finished. Discussion ensued.
3. ADJOURNMENT: At 5:30 p.m., there being no further business to come before the Council, the motion to adjourn was made, seconded and carried unanimously on a voice vote.
Respectfully submitted,
Reda A. Quinlan, City Clerk
APPROVED by the Waldport City Council this 3rd day of August, 2000.
SIGNED by the Mayor this 11th day of August, 2000.
Kim D. Lehmann, Mayor