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CITY COUNCIL MEETING MINUTES

OCTOBER 05, 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: Pat O'Connor, from OCCC, wanted to make the City aware of a $25M ballot measure on the upcoming ballot which would affect the South County services. He gave a brief explanation of the ramifications of the measure and the need for a larger facility and more resources. He distributed an informational brochure to the Council.
 Mayor Lehmann read a letter from Elizabeth Booth regarding traffic issues at the Hilltop Market, asking for assistance in relocating the vegetable vendor in the next season. She also distributed the accompanying photos. Mr. Dowsett suggested that the issue be turned over to himself and Mr. McClintock to look into.
3. COUNCIL COMMENTS AND CONCERNS: Councilor Searcey noted she would be absent for the November 2, 2000 meeting and suggested that the Council be cautious with the riparian issue. Councilor Peterson explained that in a recent incident at Peterson Park he was representing himself as a developer, not as a member of the Council.
4. MINUTES: The Council considered the minutes from the September 7 and September 21, 2000 meetings. Councilor Searcey moved to approve the minutes as presented, Councilor Church seconded, and the motion carried unanimously on a voice vote.
5. STAFF REPORTS:
 A. Sheriff: Lieutenant Stallard indicated he was prepared to answer any questions in regard to the Sheriff's written report. Councilor Moore asked about the lack of impounds in the report. Lt. Stallard responded that the deputies were encouraged to impound at their discretion, mostly for repeat offenders. DUII arrests were automatically impounded. In response to a query from Councilor Church, Lt. Stallard gave a brief update of a recent "drug bust" which took place on Maple Street.
 Mayor Lehmann asked if the Council would object to moving up the consideration of increase in franchise fees. There were no objections.
 Russ Dahl addressed the Council in regard to the request. He reviewed the change in the rates, noting that the last increase was in 1995 and costs for personnel, gasoline, and dump fees have gone up since that time. Councilor Searcey noted that Mr. Dahl appeared before the Finance and Administration Committee the previous month, and the recommendation from the Committee was to approve the request. Councilor Welch noted the increase for the second can was much larger than the proposed increase for the single can per week. Councilor Moore asked if the Committee was presented with a Profit/Loss Statement for their review, the answer was "No". The Council decided to postpone a decision until it came up on the agenda under "New Business".
 B. City Administrator: Mr. Dowsett gave a brief review of the status of the various projects. He noted that the Water SDC study had just been received, and would be distributed to the Council. Once it had been reviewed, deliberations would be set. The Department of Environmental Quality would let the City know about possible funding for next year's projects in the next month or so. Mr. Dowsett indicated that the intergovernmental agreement was still being worked on, and another meeting would take place the following month. He and Mr McClintock and Councilor Welch had also just met on the Rocky Creek project, and the group was asking that the City consider participating in the discussion and decision-making.
 At 7:30 p.m., Mayor Lehmann noted that the Council needed to undertake the deliberations on the Periodic Review process.
CONTINUATION OF PERIODIC REVIEW TASKS- Deliberation and Decisions Regarding Proposed Expansion of the City of Waldport Urban Growth Boundary: Mr. Dowsett noted that the Council had before them an itemization of everything which had come in on the record, which needed to be formally adopted. Councilor Moore moved to include "Exhibit A" as part of the record, Councilor Searcey seconded, and the motion carried unanimously.
 Mr. Dowsett indicated that the Council could consider the various areas in the following order: East of Waldport, South of Waldport and finally, the Bayshore/Sandpiper areas.
 Mayor Lehmann also noted that a recommendation from the City Planner had been received in regard to the issue. Mr. Thompson indicated he would clarify the recommendations if required.
 A. Areas East of Waldport: Mr. Dowsett explained the reasoning for inclusion of the area east of Waldport, indicating the recommendation for only the area north of the Alsea Highway was made due to the fact that the acreage on the other side of the road was adequate in size for septic systems. Mayor Lehmann noted she had spoken with a property owner at a previous conference, who indicated they had not responded because they felt it was an inevitabilty. Councilor Moore noted that he had spoken with property owners in that area, specifically marina owners, one of which was for the proposal and the other indicated he would be interested but only if the people on the other side of the road were included as well. Following a brief discussion, Councilor MacGregor moved to accept the borders east of Waldport as recommended and instruct staff to prepare findings for approval. Councilor Moore seconded. Following further discussion, the motion carried unanimously on a voice vote.
 B. Areas South of Waldport: Mr. Dowsett noted that there was one area zoned R-1 which was in a special exception area for the County as it was a highly populated area, if the City wished to consider taking in that area and squaring it off at Wakeetum Street rather than going all the way to Wakonda Beach Road. The rest of the area was not very heavily developed. Councilor Welch noted that there might be some areas of modification, as he would like to make a recommendation to the County which had a possibility of approval. Councilor Welch moved that the proposed Urban Growth Boundary #3 be modified to include the designated special exception area, squared off to the Dahl property, and instructing staff to come back with findings to be approved. Councilor Moore seconded. Following a brief discussion, the motion carried unanimously on a voice vote.
 C. Bayshore/Sandpiper Area: Councilor Moore requested that the City Planner read a pertinent paragraph from the Soil Survey of Lincoln County Area, which had been done in 1998. That document, as well as a Soil Survey of the Alsea Area which was done in 1973 were both made part of the record for the public hearing and were included in the "Exhibit A" itemization. Mr. Thompson read the paragraph regarding the type of soil found in the area, explaining that the type that represents about 75% of the Bayshore/Sandpiper area is mainly comprised of "63-E Waldport Fine Sand" and noting that one of the characteristics of the soil was rapid permeability. Discussion ensued. Councilor Searcey stated that, regardless of the outcome of the vote, the City should require that anyone who wished to hook up to the City's system annex to the City. Councilor Welch indicated that his recommendation might be to include the commercial areas, which would have a more deleterious effect on the bay if the septics failed. Following further discussion, Councilor Welch moved that the majority of the Bayshore/Sandpiper area be considered an area of continued study and recommended a reduced area for inclusion, consisting of the southern commercial-zoned area and the area south of Bayview and west of Alsea Highlands, and instructing staff to prepare findings for adoption. Councilor Searcey seconded. The motion carried, with Mayor Lehmann and Councilors Church, Searcey, Moore, and Welch voting "Aye", Councilors MacGregor and Peterson voting "Nay".
 At 9:05 p.m., the Council recessed for a 10-minute break. At 9:15 p.m., the Council meeting resumed.
STAFF REPORTS, CONTINUED:
 C. City Attorney: Mr. Hammersley noted that the survey work was not yet completed on the Golf Course. The Bay Street property had not gone to foreclosure but had been refinanced, although to his knowledge the City has not yet been paid off. He noted that he was awaiting a court order dismissal on the Waldport Motel, but the rest of paperwork was done. Mr. Dowsett noted that the proposals for the demolition had been received and the RIB grant was prepared for submission the following day. The bid for the asbestos removal was $10,000, and the entire project will probably run under $25,000. Mr. Hammersley mentioned that Handy Haven and Sagaitis were still not resolved. He was still working on the EPA debarment, and was hopeful it would be completed in the next thirty days.
 D. City Engineer: The Council considered the written report contained in the packet materials.
 E. Public Works Director: Mr. McClintock referred to a letter from the Oregon Health Department in regard to the funding for the proposed water projects, which would be further addressed by Councilor Moore as part of his Infrastructure Planning report. Mr. McClintock indicated that the City had asked for an extension on the water rights until 2003. He gave a brief overview of the progress on the various public works projects. The Council gave accolades to the Public Works crew for accomplishing all of their projects in a timely manner.
 F. City Planner: The Council considered the written report contained in the packet materials.
6. COMMITTEE REPORTS:
 A. Finance and Administration: August 8, 2000 minutes: Councilor MacGregor noted that the main thing to report for the meeting was in regard to the speed bumps on Maple Street. The opinion of the Committee was that the Public Works Department took the State's standards in regard to the dimensions in relation to the desired speed. Staff was still working on a rough draft of the speed bump policy.
 B. Infrastructure Planning: September 12, 2000 minutes: Councilor Moore noted that the City has a letter in regard to what the City must do to correct the raw water issue. An emergency meeting was scheduled for Wednesday, October 11, 2000 at 2:00 to discuss the issue. Councilor Church gave a brief update on the progress of the installation of the network. Councilor Moore asked that the Council consider allowing the Infrastructure Committee to come up with a policy in regard to how the network would be utilized. Councilor Welch noted that the citizens would be given ample notice in regard to the testing of the tsunami siren once the wiring had been completed. He also gave a brief review of the recent meeting regarding Rocky Creek, and the intergovernmental meeting in Toledo.
 Mayor Lehmann suggested that the Council consider the issue of the Housing Rehabilitation Loan Committee, suggesting that the City advertise for four new members and appoint a Council member.
 In regard to the Parks and Recreation Committee, Mayor Lehmann noted that the committee had chosen a seedling from the Harper Ferry dogwood as their millennium tree. The plan is to have it be planted by the pump station by City Hall. She also asked that the Council consider the banning of motorized watercraft on Lint Slough. Councilor Moore indicated that the City could do that by ordinance, and moved to have staff prepare an ordinance to cover the banning of jet skis and other petroleum- powered watercraft on the south side of Lint Slough bridge. Councilor Welch seconded. The motion carried, with Councilor MacGregor voting "Nay".
7. CONSENT CALENDAR: The Council considered the following items: Jensen, Elmore & Stupasky bill; City Engineer bill from August, 2000; Economic and Financial Analysis bill from July, 2000. Councilor MacGregor asked to hold out the City Engineer bill. Councilor Moore moved to approve the Consent Calendar, items "A" and "C", Councilor Church seconded, and the motion carried unanimously on a voice vote. Councilor MacGregor noted again that the contract amount was exactly as predicted. Mr. Dowsett stated that the options were either an hourly rate or a contract amount, and the Council had chosen to go with a contract amount. Councilor Moore moved to approve the bill, Councilor Searcey seconded, and the motion carried, with Councilor MacGregor voting "Nay".
8. CORRESPONDENCE: The Council considered the following items: a letter from John Griffith regarding the Endangered Species Act; a letter from Dan Glode regarding participation in the Local Public Safety Coordinating Council; and a letter from James Hitchman regarding the Ocean Hills waterline. Councilor MacGregor gave a brief statement in regard to the Endangered Species Act, indicating that the public was in danger of losing access to beaches, rivers and forests due to the efforts of the environmentalists. No further action was needed.
9. INFORMATIONAL ITEMS: The Council considered the following items: Senior Center Board minutes from August and September; Library Board minutes from July and monthly circulation report from August; and a financial memo from Ms. Lawson. No action was needed.
10. PUBLIC HEARING(S) - None.
11. NEW BUSINESS:
 A. Continuation of Periodic Review Tasks: Deliberation and Decisions Regarding Proposed Expansion of the City of Waldport Urban Growth Boundary - 7:30 p.m.: Previously addressed.
 B. Consideration of Resolution Setting Rates For Solid Waste Franchisee: The Council addressed the issue which had been presented to the Council earlier. Councilor Welch noted that the 12 1/2 % increase for the single can was not excessive, but a 45% increase for the second can was. Discussion ensued. Councilor Welch moved to approve Resolution #961, limiting the residential garbage rates not to exceed a 12 1/2 % increase, to be effective as of January 1, 2001. Councilor Moore seconded. Discussion ensued. It was determined that the increase for the second can was to bring the charge in line with the rest of the charges. Councilor Welch withdrew his motion, Councilor Moore withdrew his second. Councilor Peterson moved to approve the franchise fees as proposed, to become effective November 1, 2000. Councilor Welch seconded, and the motion carried, with Councilor Moore voting "Nay".
 C. Consideration of Resolution Amending Personnel Rules: Councilor Searcey noted that this resolution had been reviewed by the Finance and Administration Committee which recommended approval. Councilor Moore moved to approve Resolution #962, Councilor Searcey seconded, and the motion carried unanimously on a voice vote.
 D. Consideration of Resolution Extending Workman's Comp for Volunteers: Councilor Moore moved to approve Resolution #963, Councilor Church seconded, and the motion carried unanimously. Councilor MacGregor noted that the cost to the City would be minimal, especially when compared to the potential liability.
12. OLD BUSINESS: None.
13. EXECUTIVE SESSION(S): The Council determined that an executive session was not necessary.
14. ACTIONS, IF ANY, FROM EXECUTIVE SESSIONS: None.
15. ADJOURNMENT: At 10:15 p.m., there being no further business to come before the Council, Councilor MacGregor moved to adjourn, Councilor Moore seconded, and the motion carried unanimously on a voice vote.
Respectfully submitted,
Reda A. Quinlan, City Clerk
APPROVED by the Waldport City Council this 2nd day of November, 2000.
SIGNED by the Mayor this 3rd day of November, 2000.
Kim D. Lehmann, Mayor