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CITY COUNCIL MEETING MINUTES

MAY 4, 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: None.
3. COUNCIL COMMENTS AND CONCERNS: Mayor Lehmann noted that a workshop had been scheduled for the third Thursday of the month regarding law enforcement. However, Yachats had not placed the issue on the ballot in the upcoming election and the law enforcement would only benefit them. Consensus of the Council was to waive the workshop for the month. Councilor Welch noted that he had attended an Economic Development workshop recently, and indicated that the Council should consider looking at long-term issues for the City, possibly scheduling a workshop on the topic. Councilor Church concurred with Councilor Welch, indicating that he had attended the same workshop. He suggested that the Council consider the RARE topic as part of this issue.
4. MINUTES: The Council considered the minutes from the April 6 and April 20, 2000 meetings. Councilor Moore moved to approve the minutes as presented, Councilor Welch seconded, and the motion carried unanimously on a voice vote.
5. STAFF REPORTS:
 A. Sheriff: Lt. Stallard was present to answer any questions. Councilor Welch asked about the reduced number of traffic citations, Lt. Stallard indicated that he hoped it was due to the increased enforcement.
 B. City Administrator: It was noted that Mr. Dowsett was not present at the meeting.
 C. City Attorney: Mr. Hammersley addressed the Council, indicating that he would be speaking to a couple of issues which were scheduled on the agenda. He indicated that, according to the minutes from the April 20 meeting, direction was given to withdraw the previously annexed territory from Southwest Lincoln Water District, and noted that legaldescriptions would need to be provided by the following Friday in order to meet public notice requirements if they wished to have the hearing at the following meeting. Mr. Hammersley also mentioned that he had provided the Council with a draft cooperation agreement, and the Council could consider both topics at the Executive Session.
 D. City Engineer: The Council considered the written report contained in the packet materials. Mr. Stonecypher was present to answer any questions. Mr. Stonecypher asked about the water rights issue on Darkey Creek, Councilor Moore noted that this would be addressed during the Infrastructure report.
 E. Public Works Director: The Council considered the written report contained in the packet materials. Mayor Lehmann noted that John Alfano was present to address any questions. Councilor Moore asked about the status of the controller for the Golf Course Pump Station. Mr. Stonecypher noted that the controller had been removed and the pump station was operating on manual mode. It was a warranty issue and the City should be working with the contractor to resolve the issue. Mr. Alfano noted that the City was switching pumps every two days, but the station was operating automatically. Councilor Welch clarified that a student from Linn-Benton was going to be assisting at the Wastewater plant in a educational capacity but would not be operating the plant. Mr. Alfano agreed, indicating that she would be assisting the plant operator on the weekends. Councilor Moore expressed a concern regarding worker's comp coverage, Mr. Hammersley stated that he would check with the school and the City of Newport to see if she was indeed covered. Councilor Welch asked if the City needed to apprise the contractor in writing of the problems with the controller, Mr. Stonecypher indicated that this would be done.
 F. City Planner: The Council considered the written report contained in the packet materials.
6. COMMITTEE REPORTS:
 A. Finance and Administration - April 11, 2000: Councilor MacGregor noted that a quorum was not present at the last meeting. They would be postponing their meeting until the 25th of the month, at 9:30 a.m.
 B. Infrastructure Planning - April 11, 2000: Councilor Moore noted that the Infrastructure Committee had heard from Mr. Uhl in regard to the status of Pacific View Street, and a resolution was scheduled for later on in the meeting. Southwest Lincoln Water District would be discussed under the Executive Session. Mr. McClintock and Mr. Dowsett were working on the water rights issue. Councilor Welch gave a brief update on the status of the tsunami siren, indicating that preliminary tests had shown that the siren did indeed work. The City was working with PUD and the pole would probably be installed at the corner of Mill and Spencer St., where three-phase power was present. Councilor Moore noted that the Infrastructure Committee meeting would be postponed until the 25th at 3:00 p.m., and the Urban Renewal meeting would be scheduled for 5:30 p.m. the same day.
 Mayor Lehmann noted that the Parks Committee was not on the agenda, but there would be a planting party on May 6th at Meridian Park and a tour of the Lint Slough area on the 16th.
7. CONSENT CALENDAR: The Council considered the following items: City Engineer bill from March, 2000; a proclamation for EMS Week; and a proclamation for the "Great Garage Sale". Councilor Moore moved to approve the Consent Calendar, Councilor Welch seconded, and the motion carried unanimously.
8. CORRESPONDENCE: The Council considered letters from the following individuals: Ron Strawther; Skip Neel; Reis Mahnic and Karleigh Vroman; Planning Commission Chair Sam Balen; Debbie Neel; Michael McCaslin. Councilor Moore asked to remove the letter from Mr. Strawther. Councilor Moore moved to accept Mr. Strawther's resignation from the Planning Commission, Councilor Church seconded, and the motion carried unanimously. Consensus of the Council was to have Councilor Church respond to the request for information from the schoolchildren.
9. INFORMATIONAL ITEMS: The Council considered the following informational items: the Library monthly circulation report for March, 2000; the Senior Center Board minutes from April 17, 2000; a memo regarding payroll pay period variance; and a letter from Lincoln County Commissioners regarding Measure 82. No action was required.
10. PUBLIC HEARING: Interest Hearing for Stormwater LID (Scheduled for 7:30 p.m.): At 7:30 p.m., Mayor Lehmann closed the Council meeting and opened the public hearing. Ms. Lawson noted that she had prepared a signup sheet at the table if the concerned citizens had not yet submitted their postcards. Mr. Stonecypher gave a brief overview of the problem and the proposed solution. A lengthy discussion ensued. Concerns were raised regarding parking, curbs and gutters, bond issues for improvements, costs for the project, the present system and its capacity, and payment options. The following persons spoke in regard to the issue: Robert Bendt, Katie McNeil, Roger Grady, Bud Mullen, Bert Guptill, Dean Elliot, Loretta Bertholl, and Sherry Susen. The Council asked for a show of hands from the audience in regard to the issue, the majority of the people present were against the idea of formation of an LID. Mayor Lehmann then closed the Public Hearing.
 At 8:20 p.m., the Council recessed for a 10-minute break. At 8:35 p.m., Mayor Lehmann reopened the Council meeting. She noted receipt of a plaque from the Waldport Ambulance which had been presented to the Council in regard to EMS week.
 Councilor Moore moved that, based on the response from the postcards and the members of the audience, the Council should drop the pursuit of the formation of an LID for stormwater improvements in the Old Town area. Councilor Searcey seconded. Councilor MacGregor noted a conflict of interest and abstained from the vote. The motion then carried unanimously, with Councilor MacGregor abstaining.
 Councilor Searcey moved to authorize the Mayor and the Council President to sign on behalf of the City in the absence of the City Administrator. Councilor Church seconded, and the motion carried unanimously on a voice vote.
 Councilor Moore asked to revisit the board minutes from the Senior Center, wondering why the Senior Center had denied the eighth-graders use of the building for a dance. Councilor Searcey responded that there had been so much damage from the last time that had been done, the Senior Board decided not to allow them. Discussion ensued, Councilor Searcey offered to convey the Council's concerns to the Senior Board. The second issue was in regard to renting the building to the Chamber of Commerce for two hours at $15. Councilor Moore noted that other organizations had paid $15 per hour for renting the facility, $25 per hour if the kitchen were used. The concern was that the policy be standard and publicized. Councilor Searcey indicated she would check into this issue and report back to the Council at the next meeting.
11. NEW BUSINESS:
 A. Goals For FY 00-01 and FY 01-02: Mayor Lehmann noted that the goals from the workshop had been typed up as a separate document. Consensus of the Council was that those were indeed the goals which had been discussed and approved.
 B. RARE Grant Program & Proposed Projects: Discussion ensued regarding the idea of applying for the services of a RARE student, at a cost of approximately $15,000. Included in the packet was a projection of how the $15,000 could be apportioned among the funds. Councilor Church moved to have the City submit a letter of intent to submit an application. Councilor Searcey seconded. Councilor Moore expressed concern regarding the proposed allocations, and indicated that he would like to see Mr. Dowsett provide more information. Mayor Lehmann clarified that the motion was to draft a letter of intent. Councilor Moore suggested that business owners consider coming up with matching funds through the Chamber of Commerce. The motion then carried unanimously. Mayor Lehmann asked that the issue be placed on the agenda for both the next Council meeting and the next Urban Renewal meeting.
 C. Financial Management Policies: Councilor Moore moved to approve the policies as presented, Councilor Searcey seconded. The motion carried unanimously on a voice vote.
 Following a brief discussion, consensus of the Council was to Mr. Dowsett look into the concern regarding the defective windows at the Senior Center, which had been brought to the attention of the City by Mr. McCaslin.
 D. Consideration of Ordinance Establishing New Franchise Fee for Dahl Disposal: Councilor MacGregor moved to approve Ordinance No. 665. Councilor Church seconded. Mayor Lehmann read the ordinance twice by title only. The motion to approve then carried unanimously.
 E. Consideration of Resolution Renaming a Certain Street in the City of Waldport: Mr. Hammersley noted that there was a statute which required a public hearing. The Council agreed to hold a public hearing at the next Council meeting.
 F. Consideration of Resolution Accepting Agreement for Dedication of Property: Councilor Moore explained that this was the request of the property owners on Pacific View Street. He indicated that Mr Uhl would take care of recording the document. Councilor Moore moved to adopt the resolution, accepting the dedication of right-of-way. Councilor Welch seconded. Councilor MacGregor asked if the City would be in a position of liability or responsibility to repair the road in the case of a slide. Mr. Hammersley noted that the City would maintain the street in its current unimproved standard. If in the process of grading the street it caused additional problems, the City would be responsible. Councilor MacGregor noted that he would vote against it because the City should not be accepting responsibility for substandard streets. Discussion ensued. The motion then carried, with Mayor Lehmann and Councilors Church, Peterson, Searcey, Moore and Welch voting "Aye", Councilor MacGregor voting "No".
12. OLD BUSINESS: None.
13. EXECUTIVE SESSION(S): At 9:10 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 9:45 p.m., the Council returned to open session. Councilor MacGregor moved to instruct the City Attorney to proceed with the public hearing to remove the properties from the Southwest Lincoln Water District, including Ocean Hills. Councilor Moore seconded, and the motion carried unanimously on a voice vote.
15. ADJOURNMENT: At 9:46 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 (as amended),
Reda A. Quinlan, City Clerk
APPROVED by the Waldport City Council this 1st day of June, 2000.
SIGNED by the Mayor this 1st day of June, 2000.
Kim D. Lehmann, Mayor