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CITY COUNCIL MEETING MINUTES

JUNE 1, 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: Judy Vagenas, representing the Waldport Chamber of Commerce, addressed the Council in regard to the Chamber's participation in the RARE Program. Mayor Lehmann asked if the Chamber would consider making it an appointment of at least one and not more than three persons to coordinate and consult with the City Administrator. The Council noted that the Chamber had received a $10,000 donation to be utilized for city revitalization efforts.
3. COUNCIL COMMENTS AND CONCERNS: Mayor Lehmann noted a couple of concerns. The first one was in regard to room tax being collected from vacation rentals, and she suggested that the Finance and Administration committee look into the issue. Consensus of the Council was to refer the issue to the Finance and Administration committee. The second concern was in regard to business licensing requirements, also for vacation rentals. Consensus of the Council was to refer the issue to the Finance and Administration Committee.
4. MINUTES: The Council considered the minutes from the May 5, 2000 meeting. Councilor Moore moved to approve the minutes as presented, Councilor Welch seconded. City Administrator Dowsett noted that a correction needed to be made to page 3, paragraph 1. Councilor Moore amended his motion to correct the minutes by striking the words "...to do with the 380,000. The majority of the people present were against the LID." as the first sentence made no sense and the second sentence was repeated. Councilor Welch seconded the amended motion and the motion carried unanimously on a voice vote. The main motion to approve the minutes then carried unanimously on a voice vote.
5. STAFF REPORTS:
 A. Sheriff: Lt. Stallard was present to answer questions. He mentioned that one reason for a reduction in the number of arrests in the March report was because Deputy Endicott was on vacation for the first two weeks of the month. A brief discussion ensued regarding the report, and the Council asked about a more detailed format for the report. Lt. Stallard indicated that he could probably accommodate the requested changes.
 B. City Administrator: Mr. Dowsett noted his status report in the packet, there were few changes as most of the projects were in progress. He indicated that he would add Seal Rock to the Intergovernmental Agreement category and give an update. Mr. Dowsett stated that the Council had a couple of letters in regard to the withdrawal of territory from Southwest Lincoln Water District which had been distributed at the meeting, to be considered during the public hearing. He gave a brief update of the pursuit of funding for the water projects, noting that even if the funding was secured, the projects would probably not be completed during this building season. In response to a question from Councilor Church, Mr. Dowsett confirmed that the City would seek the funding this year, and might even use some of the monies for the temporary replacement of the pump.
 C. City Attorney: Mr. Hammersley noted that he had information and comments on several agenda items, but nothing specific to report.
 D. City Engineer: The Council considered the written report contained in the packet materials.
 E. Public Works Director: Mr. McClintock publicly thanked Mr. Alfano for filling in for him. He gave a brief update of the waterline replacement on Highway 34. He noted that the "Consumer Confidence Report" would be done by July, and suggested that this might be an opportunity to provide a newsletter to the customers as well. He then gave a brief update of the various activities of the Public Works crew. Councilor Moore asked about whether the crew could remove the washer and water heater which had been left near the curve on Cedar Street. Mr. McClintock indicated he would look into it. In response to a question from Councilor Moore, Mr. McClintock indicated that they were close to solving all the water leak problems, and the water plant was gaining on water production even during peak consumption times. Councilor Welch asked about the tsunami siren, Mr. McClintock noted that it would be installed.
 F. City Planner: The Council noted the written report contained in the packet materials.
PUBLIC HEARING(S):
At 7:33 p.m., noting that there were several public hearings on the agenda, Mayor Lehmann recessed the City Council meeting in order to accommodate the public hearings for Urban Renewal and Road District No. 3.
 A. Adopting a Budget for Fiscal Year 2000-2001 and Making Appropriations (Urban Renewal Agency): See June 1, 2000 Waldport Urban Renewal minutes.
 B. Adopting a Budget for Fiscal Year 2000-2001 and Making Appropriations (Road District #3): See June 1, 2000 Road District No. 3 minutes.
 C. Adopting a Budget for Fiscal Year 2000-2001 and Making Appropriations (City of Waldport): At 7:37 p.m., Mayor Lehmann reconvened the City Council meeting and opened the Public Hearing. No comments were received. At 7:38 p.m., Mayor Lehmann closed the Public Hearing.
 D. Declaring the City's Election to Receive State Revenues: At 7:38 p.m., Mayor Lehmann opened the Public Hearing. No comments were received. At 7:39 p.m., Mayor Lehmann closed the Public Hearing.
 E. Adopting a Supplemental Budget for Fiscal Year 1999-2000 and Making Appropriations: At 7:39 p.m., Mayor Lehmann opened the Public Hearing. No comments were received. At 7:40 p.m., Mayor Lehmann closed the Public Hearing.
 The Council decided to address the first four items under "New Business" at this time, before continuing with the rest of the agenda.
NEW BUSINESS:
 A. Consideration of Resolution Adopting Budget for Fiscal Year 2000-2001 and Making Appropriations: Councilor Moore moved to approve Resolution No. 951, Councilor Welch seconded. Councilor Moore commented on the apparent lack of interest from the public in regard to the budgetary process. The motion then carried unanimously on a voice vote.
 B. Consideration of Resolution Declaring City's Election to Receive State Revenues: Councilor Moore moved to approve Resolution No. 952, Councilor Church seconded. A brief discussion ensued regarding the source of the revenues. The motion then carried unanimously on a voice vote.
 C. Consideration of Resolution Adopting a Supplemental Budget for FY 1999-2000: Councilor Moore moved to approve Resolution No. 953, Councilor Welch seconded. There was no discussion. The motion then carried unanimously on a voice vote.
 D. Consideration of Resolution Amending the Budget for Fiscal Year 1999-2000: Councilor Moore moved to approve Resolution No. 954, Councilor Welch seconded. Councilor Searcey questioned the increased allocation for 911 services, it was explained that there was an increase in revenues but as a pass-through line item, no additional monies from the City were involved. The motion then carried unanimously on a voice vote.
6. COMMITTEE REPORTS:
 A. Finance and Administration: Councilor MacGregor asked about the Fire District Agreement and the 911 Agreement. Consensus of the Council was that the Fire District Agreement has been resolved and could be removed from the status report. The 911 agreement still needed to be reviewed. Mr. Dowsett noted that the City should officially acknowledge the Fire District's recent merger. Mr. Dowsett and the City Attorney would attend to this. Room tax and business licenses would be added to the report.
 B. Infrastructure Planning: Councilor Moore stated that the status report would be refined to break out certain items within the categories. A brief discussion ensued regarding upcoming workshops. Consensus of the Council was to move the June workshop to the 22nd, to allow for scheduling a public hearing on the Oregon Economic and Community Development Department (OECDD) loan application. The topic for the July workshop would be the Sewer Master Plan, with any questions to the City Engineer prior to the meeting. The topic for the August workshop would be the development code revisions, riparian zones, urban growth boundary, etc. Tentative in September would be a workshop on economic development issues. Councilor Moore mentioned that the Infrastructure Committee had discussed the RARE grant, and their recommendation was to proceed with the application.
 C. Parks & Recreation: Mayor Lehmann noted that the last meeting was a walk around Lint Slough, and the proposed project would be to develop a walkway. They would seek some grant monies, and would like to put it ahead of the Crestline Park improvements, since the project could be accomplished in a shorter period of time.
7. CONSENT CALENDAR: The Council considered the following items: City Engineer Bill - April, 2000; Preston, Gates, Ellis bill; City Attorney Bill - March/April, 2000; and a proclamation for "Beachcomber's Days". Councilor Moore moved to approve the Consent Calendar, Councilor Searcey seconded, and the motion carried unanimously on a voice vote.
8. CORRESPONDENCE:
 A. Letter from Olde Tyme Fountain, Deli & Sweet Shoppe re Street Dance at Keady Wayside: Mayor Lehmann indicated that Mr. Thompson was present to address this issue, and noted that the zoning on that side of Maple Street was R-1. The proposal was to hold the dance from 6:00 p.m. to 10:00 p.m., but the the noise ordinance stated 10:00 p.m. She suggested that the dance be over by 9:30 to allow for cleanup. Mr. Thompson indicated that this would not be a problem. Councilor Searcey asked about law enforcement and whether there would be any overtime accrued. Mr. Thompson had not looked into that issue but mentioned that chaperones would be present. Mr. Dowsett noted that he could check into the issue as well, maybe the Sheriff's department could "flex" some time. Following a brief discussion, Councilor Moore moved to approve the request, with the provision that it be over by 10:00 p.m. and coordinated with law enforcement. Councilor Church seconded, and the motion carried unanimously on a voice vote.
 B. Letter from Dyer Partnership re Complaints: A brief discussion regarding the supervisory role of the engineer versus the contractor's responsibilities.
 C. Letter from Alsi Historical and Genealogical Society re Signage: Mayor Lehmann noted that the request was to install a sign at Veteran's Park, as there was not enough attendance to yet merit an ODOT sign. She suggested that the Society coordinate with Mr. McClintock. Councilor Moore moved, provided all the ordinance requirements be met, to allow the Historical Society to place a sign on City property. Councilor Searcey seconded. Following a brief discussion, it was determined that the placement of the sign could be left up to City staff, as long as the Council approved of the idea. The motion then carried unanimously on a voice vote.
 D. Letter from Bayshore Beach Club, Inc. re Urban Growth Boundary: No action needed. Councilor MacGregor noted that he was a little disappointed that the Beach Club had their meeting without asking for any input from the City. Mr. Dowsett noted that the only reason the City was considering the proposed expansion was to provide sewer services to the area. He asked for permission to respond to the letter. Consensus of the Council was favorable. Councilor Peterson noted that Bayshore had previously been in the Urban Growth Boundary, but had been removed in the 1970's because of a requirement of LCDC.
 E. Letter from Oregon Voluntary Organizations Active in Disaster: No action needed.
9. INFORMATIONAL ITEMS:
 A. Municipal Court Report - April, 2000: No action necessary.
 B. Senior Center Board Minutes - May 15, 2000: Councilor Searcey asked for a copy of the letter from Mr. McCaslin regarding the problem with the windows at the Senior Center, and also asked that the Public Works department take care of weeding the garden. She noted that the rate structure for use of the meeting room had been approved by the Council back in October, when it approved the guiding principles, policies and procedures for the Senior Center. Councilor Moore noted that the rate should be consistent for all taxpayers, rather than determined by an arbitrary decision. Discussion ensued. Consensus of the Council was to refer the issue to the Finance and Administration Committee.
10. PUBLIC HEARINGS (Cont.)
 F. Renaming a Certain Street in the City of Waldport: Mayor Lehmann opened the Public Hearing at 8:32 p.m. No comments were received. Mayor Lehmann then closed the public hearing.
11. NEW BUSINESS (Cont.)
 E. Consideration of Ordinance Renaming a Certain Street in the City of Waldport: Councilor Moore moved to read Ordinance No. 666 by title only for the first and second times. Councilor Welch seconded, and the motion carried unanimously on a voice vote. Mayor Lehmann then read Ordinance No. 666 twice by title only. Councilor Welch then moved to adopt Ordinance No. 666, an ordinance to rename Parmelee Drive as Ocean Hills Drive. Councilor Moore seconded. Councilor Searcey asked if the fact that she was a resident of the subdivision would be perceived as a conflict. There were no objections expressed to her continued participation. Councilor MacGregor voiced a concern that the City not set a precedent of arbitrarily renaming a street because a developer was not liked. Mayor Lehmann echoed his concern and also asked about the expense involved. Mr. Dowsett explained that the expense to the City was nominal. The motion then carried unanimously on a voice vote.
 F. Consideration of Resolution Declaring Certain Property Surplus to the City's Needs: Councilor Moore moved to approve Resolution No. 955, Councilor Welch seconded, and the motion carried unanimously on a voice vote. Mr. Dowsett asked if future resolutions of this type could be put in the Consent Calendar, there were no objections from the Council.
 G. Consideration of Resolution Adopting APWA Standards and Specifications for Construction: Councilor Moore moved to approve Resolution No. 956, Councilor Searcey seconded. Mr. Dowsett and Mr. McClintock explained that the City needed to adopt these standards to provide guidelines for construction of public improvements. Discussion ensued regarding changing the wording to "current APWA standards as amended". Councilor Moore moved to amend the resolution, Councilor Welch seconded. The motion to amend carried unanimously on a voice vote. The main motion then carried unanimously on a voice vote.
 H. Consideration of Resolution Authorizing Negotiation of Intergovernmental Agreement for Water: Councilor Moore moved to table, Councilor Welch seconded. There was no discussion, and the motion carried unanimously on a voice vote.
 I. Consideration of Memorandum of Understanding - City of Waldport and Waldport Urban Renewal Agency: Councilor Searcey moved to approve the memorandum and authorize the Mayor to sign, Councilor Church seconded, and the motion carried unanimously on a voice vote.
 J. Consideration of Response to Request For Proposals for Municipal Judge Services: Councilor MacGregor moved to accept the RFP from Joan Williams, Councilor Searcey seconded. The appointment would effective as of July 1, 2000. The motion then carried unanimously on a voice vote.
12. OLD BUSINESS: RARE Application: Councilor Moore moved to instruct the CAO to proceed with the RARE application, with the Chamber of Commerce paying $5,000 and the City paying $10,000. Councilor Welch seconded. A brief discussion ensued regarding the roles of the City, the Chamber of Commerce, and the Urban Renewal Agency. The motion then carried unanimously on a voice vote.
PUBLIC HEARINGS, Cont.
 G. Withdrawing Territory from Southwest Lincoln Water District: At 9:02 p.m., Mayor Lehmann opened the public hearing and acknowledged the receipt of two letters, one from Oakwood Homes Corporation and one from Attorney Dave Gordon, representing the Water District. The letter from Oakwood Homes was in support of the withdrawal, the letter from Southwest Lincoln Water District was opposed. Mr. Hammersley also briefly reviewed the maps of the properties in question, noting that all of the territories were in tax code 306. He recommended that, with reference to Lincoln County Assessor's Map #13-12-25, the City should not include any commercial properties which are currently being served by the water district. Councilor MacGregor asked if this type of withdrawal was normally taken care of in the annexation process and noted that the attorney at that time was Mr. Gordon, who was now the attorney for the Water District. Mr. Peterson noted that historically, it had been the City's intention to serve the Ocean Hills property, and suggested a possible conflict of interest for Attorney Gordon. His recommendation was that the City consider the withdrawal of the properties, with the exclusion of the commercial properties which were currently being served by Southwest Lincoln Water District. Councilor Searcey noted that tax lot 3800 on Assessor's Map 13-12-2514 was commercial property and should not be included. There were no further comments. Mayor Lehmann closed the Public Hearing at 9:23.
 The Council recessed for a break until 9:30.
13. EXECUTIVE SESSION(S): At 9:30 p.m., the Council recessed 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 10:35 p.m., the Council returned to Open Session.
NEW BUSINESS, Cont.
 K. Consideration of Ordinance Withdrawing Territory from Southwest Lincoln Water District: Councilor Moore moved to amend the proposed ordinance by adding the words "excluding all commercial property currently being served by Southwest Lincoln Water District" to the end of Section 1. Councilor Peterson seconded. Mayor Lehmann clarified that this was "Option B" that the Council was planning on adopting, Councilor Moore confirmed. Mr. Dowsett explained that when the Council went to adopt the ordinance, it still required two readings before the adoption. The motion to amend then carried unanimously on a voice vote. Councilor MacGregor moved to read Ordinance 667, as amended, by title only for both readings. Councilor Moore seconded. The motion carried unanimously on a voice vote. Mayor Lehmann read Ordinance No. 667 as amended by title only for the first and second readings. Councilor Peterson moved to adopt Ordinance No. 667 as amended. Councilor Church seconded. The motion carried unanimously.
 L. Consideration of Mutual Agreement - Southwest Lincoln Water District/City of Waldport: Councilor MacGregor moved to authorize the Mayor to sign the agreement and forward it on to the Southwest Lincoln County Water District. Councilor Moore seconded. The motion carried unanimously.
15. ADJOURNMENT: At 10:41 p.m., there being no further business to come before the Council, Councilor MacGregor moved to adjourn, Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
Respectfully submitted,
Reda A. Quinlan, City Clerk
APPROVED by the Waldport City Council this 6th day of July, 2000.
SIGNED by the Mayor this 11th day of July, 2000.
Kim D. Lehmann, Mayor



JUNE 22, 2000


1. ROLL CALL: Mayor Lehmann called the meeting to order at 5:45 p.m. Mayor Lehmann and Councilors Church, Searcey, MacGregor, Moore and Welch answered the roll. Councilor Peterson arrived at 5:50 p.m. A quorum was present.
2. PUBLIC HEARING: At 5:46 p.m., Mayor Lehmann opened the Public Hearing on the submission of an application for funding to the Oregon Economic and Community Development Department (OECDD) for Water Source Improvements. City Administrator Dowsett gave a brief overview of the reasons why the City needed to go out for funding for improvements to the water system. He explained that the monies, which come from the Safe Drinking Water Revolving Loan Fund, are actually Federal funds administered by OECDD and the State Health Division. According to a summary submitted by Ray Bartlett, the loan, which has a 20-year term with an interest rate of 80 percent of the average municipal market rate (currently 5.81 percent) would result in a SRF rate of 5.25 percent.
 The following projects to meet safety and compliance needs were discussed: Raw water line relocation at a cost of approximately $67,500 - extremely important to do as soon as practical due to the susceptibility of the lines from Weist Creek to slides; improvements to the pump/intake system (headworks) at a cost of approximately $417,900;settlement basin improvements at the plant at a cost of approximately $202,500; eight individual treatment systems at $2,500 each, which would provide treatment for existing raw water customers on the City's system; $5,000 for an environmental review to ensure that there would be no impact on anadromous fish; and an allocation of $12,000 in the event the City needs to purchase additional land around the pump station. The total amount required is approximately $724,900 of which the City anticipates about $75,000 to be covered by systems development charges. Mr. Dowsett explained that the loan authority being requested was for $650,000.
 Mr. Dowsett noted that the foremost issues were safety and compliance with Oregon Water Division regulations. The City has been out of compliance since 1993 when the water study was done. Councilor Welch mentioned that the original engineering report included a much higher figure for the settlement basin. Public Works Director McClintock responded that the engineers had originally proposed an oversized basin. However, now that the plant was working more efficiently, a smaller basin would be more than adequate for the City's needs. Mr. Dowsett also noted that the current customer base would pay for the proposed projects through a water rate increase, but any improvements required by future growth would be paid for by a combination of systems development charges and local improvement districts. He reiterated that the current proposed projects were necessary for the City both for compliance and for the safety of the existing water users. No additional comments were received.
 Mayor Lehmann then closed the Public Hearing. Councilor Welch moved to apply for the loan of approximately $650,000 and to continue with the process as outlined by staff. Councilor Moore seconded and the motion carried unanimously on a voice vote.
3. DISCUSSION ITEMS:
 A. Water Construction Project Update: Addressed as part of the Public Hearing.
 B. Other Water Issues: It was noted that the report from Mr. Bartlett had only been received that day, but it appeared that the City may not need to consider a rate increase until FY 2001-2002. Further review of the report would be done.
 A brief discussion ensued regarding the north dam improvements, which would be done when the water level was lower.
 Mr. Dowsett noted that an additional item which had been distributed to the Council at the meeting was a Small Cities Allotment (SCA) grant application. He requested that the Council consider the application and its accompanying resolution, as the deadline for application was June 30. Following a brief discussion, Councilor Moore moved to approve Resolution No. 957 and authorize the signing of the application. Councilor Church seconded, and the motion carried unanimously on a voice vote.
 A brief discussion ensued regarding the Rocky Creek project, as a resolution in support of the project had been tabled at the last Council meeting. Mr. Dowsett explained that he had given a marked up version of a proposed resolution from Newport to the Mayor before he had left on vacation, but it may not have been distributed to the Council. Councilor Welch expressed concern that an official endorsement of the project might result in some future financial obligation on the part of the City. Mayor Lehmann noted that another result of the endorsement might be an impact on the ability of the City to obtain future water rights. Following discussion, consensus of the Council was to place the item on the next agenda, and have the City Attorney review the document to order to address the concerns.
 C. Financial Memo: No action required.
4. EXECUTIVE SESSION: At 6:35 p.m., the Council recessed 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.
5. ACTION, IF ANY, FROM EXECUTIVE SESSION: The Council returned to Open Session at 7:09 p.m. No action was taken.
6. ADJOURNMENT: At 7:10 p.m., there being no further business to come before the Council, Councilor Moore moved to adjourn, Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
Respectfully submitted,
Reda A. Quinlan, City Clerk
APPROVED by the Waldport City Council this 6th day of July, 2000.
SIGNED by the Mayor this 11th day of July, 2000.
Kim D. Lehmann, Mayor