MAY 3, 2001
1. ROLL CALL: Mayor Lehmann called the meeting to order at 7:00 p.m. Mayor Lehmann and Councilors Woodruff, Boehme, Peterson, Moore, Welch and Church answered the roll. A quorum was present.
2. CITIZEN COMMENTS AND CONCERNS: Mayor Lehmann read the letter from Gene and Pat Thomas regarding the Public Work's response to their recent problem.
3. COUNCIL COMMENTS AND CONCERNS: Mayor Lehmann noted receipt of a suggestion from Mr. & Mrs. Smallwood regarding automated payments for utility bills. She suggested that the issue be turned over to Finance and Administration for further study. The Council was agreeable. Mayor Lehmann noted that Ray Bregenzer had given notice that due to health reasons, he would need to resign from the Economic Development Committee. Councilor Moore noted that Mr. Bregenzer had been very active on many boards and committees throughout the years, and suggested that the public may want to thank him when they see him. Mayor Lehmann asked that the vacancy on the committee be advertised. She suggested that a joint meeting be set up for the third Thursday in August with the City of Yachats. Mayor Lehmann moved to set up the meeting, Councilor Moore seconded, and the motion carried unanimously on a voice vote. Councilor Boehme noted that there was now a bill in front of legislature to require tsunami sirens all along the coast, and praised Councilor Welch for his dedication to the city's siren system.
4. MINUTES: The Council considered the minutes from the March 26, 2001 and April 5, 2001 meetings. Councilor Moore moved to approve the minutes as presented. Councilor Woodruff seconded the motion, which carried unanimously on a voice vote.
5. STAFF REPORT:
A. Sheriff: Council noted receipt of the report in the packet materials.
B. City Administrator: Mr. Dowsett indicated that there were actually two issues under the waterline interconnection/intergovernmental agreement. He noted that the bond counsel had rendered a verbal consideration that the City could proceed with the financing through Lincoln Security Bank. There would be a meeting at Oregon Coast Community College regarding the future of the Waldport Ranger Station and Doris Tai had asked that Mr. Dowsett and possibly two other people might want to attend. Councilor Moore consented to go, and they would also ask the vice-chair of the Economic Development Committee. Mr. Dowsett and Councilor Welch will be attending another discussion meeting with Toledo, Yachats, Southwest Lincoln Water District and Seal Rock for regional water systems. Mayor Lehmann noted that the city of Yachats had obtained a RIB grant to intertie with Southwest Lincoln Water District. Mr. Dowsett noted that the City of Toledo had also obtained a $25,000 grant to look at improvements for their raw water system. Mayor Lehmann stated that RIB would be getting additional monies and the City may want to consider applying. Councilor Boehme noted that Bob Warren from Oregon Economic Development Department was interested in attending the next meeting and asked that Mr. Dowsett notify him of the meeting. Mr. Dowsett noted that a request from Chinook Winds had been distributed, asking if they could use the Senior Center parking lot on Thursdays for their "fun bus". He suggested that Councilor Boehme carry the request to the next Senior Board meeting. The Council agreed. Mr. Dowsett noted that Mr. Cerbone had asked that he address a TGM grant proposal, which had been distributed to Council at the meeting. Mr. Cerbone wanted to know if it was permissible for him to apply. Mayor Lehmann moved to apply for the grant, Councilor Welch seconded. Councilor Church noted that the match could be in-kind rather than money. The motion carried unanimously on a voice vote. Mr. Dowsett informed the Council that he would be attending the Homebuilders meeting on May 8, and would be out of the office.
Mayor Lehmann noted the arrival of Lieutenant Stallard, who apologized for his late arrival due to stopping an intoxicated driver on his way to the meeting. He distributed Sheriff O'Brien's written response to the concerns of the Council. Mayor Lehmann suggested that any questions or concerns regarding the response be directed to the Finance and Administration Committee. A brief discussion ensued regarding community policing. Councilor Church noted that there was a special police group in Ashland that patrolled that had uniforms and radios but were not issued guns. He suggested that the Sheriff look at doing something similar with the new reserve program. Councilor Welch expressed a concern regarding the large number of drug "busts" in recent history, and Lieutenant Stallard concurred, noting that the problem used to be distributing drugs manufactured elsewhere but now it appeared that they were learning how to manufacture their own. However, the number of people involved was not excessive, although the danger to the public was greater due to the nature of the chemicals involved. Councilor Welch praised the department for their assiduous pursuit of these labs.
Noting that the Public Hearing on water rates was scheduled for 7:30 p.m., Mayor Lehmann opened the Public Hearing and asked that Mr. Dowsett give a preliminary statement. He explained that the proposed increases had come from an analysis performed by Economic Financial Analysis. The City had the study since September, but the proposed rate increase did not need to take place until 2001, which is why the public hearing had not been scheduled prior. He explained that the increase would affect larger than 3/4" meters as well as a 7.5% increase in the volumetric rate and reviewed the introduction and summary of the report.
The Council noted receipt of a letter from Dan Sagaitis regarding the rate increase. Maj Britt Fredrickson addressed the Council in regard to the proposed increase in water rates, noting a concern that she felt she was being singled out for a higher rate and expressing frustration with treatment from staff. Richard Martin addressed the Council, thanking them for their time and effort on behalf of the City and praising the Public Works crew for their good work. He expressed concern that the only reason that the City was considering a rate increase was because other water districts were raising theirs. There were no other public comments. Mayor Lehmann then closed the Public Hearing.
STAFF REPORTS, cont.
C. City Attorney: Mr. Hammersley noted that the Handy Haven foreclosure sale required an executive session. A third amended complaint had been filed in the Sagaitis case. He also noted that the judge had not signed off on the Handy Haven case either. On the debarment, a final form of compliance had been signed by the Mayor and there was a resolution in the packet to adopt an environmental policy. In regard to the skateboard memo contained in the packet, he had discussed the issue with Lt. Stallard and Mr. Dowsett and the recommendation was that the City consider signage with the appropriate ORS statute as an alternative to a skateboard ordinance. This would still protect the property owner and the Sheriff's office had assured him that they would be able to enforce the issue. In his opinion, the issue involved private property as opposed to public property, so this might be a better way of handling the issue. Councilor Peterson explained that the intent was to offer a tool for private property owners to cite offenders into municipal court. Mr. Dowsett noted that part of the problem was that the offenses were occurring outside of regular business hours which made it difficult to enforce an ordinance. The signage would allow the sheriff's department to cite them into district court any hour of the day or night. Discussion ensued regarding keeping the citations local and through municipal court rather than district court. Mr. Hammersley agreed that the City could adopt the state statute and also then address the issue of public property. He noted that he needed direction regarding which areas might need to be prohibited. Further discussion ensued. Mr. Dowsett noted that the City also had a parental responsibility ordinance which might assist in enforcement. Councilor Boehme suggested that the City consider using the signage first, and wait until the skateboard park is built to determine if there was a need for further ordinances. Councilor Boehme moved to adopt the state skateboard recommendation. Ms. Thueson expressed concern that this would not be sufficient and described current problems that they were experiencing with signage being removed. Councilor Church seconded the motion. Councilor Moore noted that the original intent was to cite them locally, so that they appeared before the municipal court judge. If they were cited into district court, the sheriff officer would have to go to court. The motion failed, with Councilor Boehme voting "Aye", Mayor Lehmann and Councilors Woodruff, Peterson, Moore, Welch and Church voting "No". Councilor Peterson then moved to adopt an ordinance to decriminalize the state statute for all public and private property and cite the offenders into municipal court. Councilor Woodruff seconded. Mr. Hammersley clarified that this included damage to public property and violation of trespass and damage to private property. Councilor Peterson added personal injury and private property damage. Ms. Thueson asked that rollerblades and bicycles be added to the list. Discussion ensued. Councilor Peterson modified his motion to limit it to private property. Councilor Woodruff seconded the amendment. The amendment carried unanimously on a voice vote. The main motion, as amended, then carried unanimously on a voice vote.
Mr. Dowsett clarified that there would be no decision made on the water rate increase at this evening's meeting.
Mr. Hammersley noted that he would be attending the City Attorney's meeting the following day, at his own expense. Mr. Dowsett would be attending at Yachat's expense. One main topic of discussion would be Measure 7.
D. Public Works Director: Mr. McClintock thanked the Council for acting quickly on his requested equipment purchases of the dump truck and trailer. Public Works had been approached by the Skateboard Park committee to utilize the equipment for Beachcomber Days for a simulation of a half-pipe in the parade. Councilor Moore moved to allow the request. Councilor Church seconded and the motion carried unanimously on a voice vote. Mr. McClintock noted a meeting the following Monday in regard to the Eckman Creek to water treatment plant portion of the project. Interested state agencies would be involved in the meeting. He noted that the PUD had contacted him in regard to provision of 5000 water conservation kits to conserve hot water/energy. They were asking that the City contribute half of the cost per kit ($2). The Council determined not to participate in the program. He had also been contacted by the PUD to do a free efficiency evaluation at the water and wastewater plants. The Council determined that a motion was not necessary to approve the free evaluation. Mr. McClintock noted recent paving in the Old Town area, and indicated he had received an email regarding the Range Drive left turn lane, still scheduled for completion in 2002. Susan Swander asked that the street sweepers start a little later in the morning. Mr. McClintock apologized, noting that the work was supposed to be done the evening before. The failure of the tsunami siren was due to a faulty phone line which has now been fixed. There would be another test in the near future. Regarding Range Drive, Councilor Welch noted that the County had set aside over $90,000 for the project, and the County and ODOT would be bearing the cost for the left turn project. Mr. McClintock noted that Range Drive will be straightened to state and county specifications, then the City would take over the maintenance. The third tsunami siren will be installed up river in the near future, somewhere near Lint Slough. Councilor Peterson asked that Public Works patch the crossing at Peterson Park. Mr. McClintock noted that he would take care of it the following day.
E. City Engineer: The Council noted receipt of the written report. No action needed.
F. City Planner: The Council noted receipt of the written report. No action needed.
6. COMMITTEE REPORTS:
A. Finance and Administration: Councilor Peterson mentioned that the issue of skateboarding had been discussed. He asked that the Council consider reactivation of the Peterson Park Road District. Mr. Dowsett noted that a memo had been drafted regarding this for the next Finance and Administration meeting. Following a brief discussion, it was determined that the committee would further discuss the issue and forward a recommendation to the Council.
B. Infrastructure Committee: Councilor Moore noted that Mr. McClintock had been in discussion with the raw water customers and the issue was progressing. They had their first meeting with the representatives from the Yachats, Southwest Lincoln and Waldport water boards. They will cycle the meetings and wherever it was located would be responsible for advertising. He noted that the Infrastructure committee suggested that Mr. McClintock discuss with the City of Yachats the possibility of costsharing and joint work on projects. Consensus of the Council was that Mr. McClintock proceed with the dialogue and bring the information back to the Infrastructure Committee. Councilor Moore noted that Mr. Dowsett had been in meeting with state agencies regarding the water master plan and the need for updating the plan in include the current projects and the water source siting study. Mr. Dowsett was in the process of pursuing grant monies, and the City Engineers had proposed an approximate cost of $45,000 for the update. Mr. Dowsett noted that the scope of services showed that the master plan needed a major revision. He noted that the State, and the Forest Service might be interested in contributing to the expense as a result of revisions in State rules regarding water rights. The current grant/loan package was not dependent on the revision, but precipated the realization that it needed to be done. Councilor Moore moved to direct staff to pursue a funding package, Councilor Church seconded. The motion carried unanimously on a voice vote.
C. Parks and Recreation: Mayor Lehmann noted the memo regarding the Rebel Road property in the Council packet. Councilor Moore asked whether utilities were present on the property, Mr. McClintock responded that water went by the property but a meter was not installed. Mr. Dowsett noted that the process was to declare the property surplus before determining value. Councilor Moore moved to proceed with the potential sale. Councilor Boehme seconded. Councilor Peterson mentioned that the probable value was around $40,000 for the lot, with water to the property line and a potential view, as well as the aesthetic value of the trees. The motion then carried unanimously on a voice vote.
D. Traffic Safety Committee: Councilor Welch noted that they had considered the speed ramp installation policy as drafted, and recommended it for adoption by the council. Deputy Endicott and Fire Chief Grimm believed that the speed bumps had been effective on Maple Street in lowering the speed without affecting emergency vehicles. However, they would not like to see them any higher. Deputy Endicott had asked about Pacific View Street, wondering if it could be graded. Mr. McClintock noted that it had been done that day. In regard to tsunami sirens, Chief Grimm did not feel that the volunteers could participate in traffic control other than placing the emergency vehicles in key places. If a sheriff's deputy were available, they would focus on the major tie-up point of Cedar and Crestline. Councilor Welch mentioned a potential of involving Public Works crew in non-dangerous areas such as Crestline and Grade School parking lot for traffic assistance and suggested that they participate in drill situations. The Committee had looked at current Waldport emergency plans which are old and need to be updated. Among other things, the recommendation was that the Elementary School on Crestline Drive be used for emergency operations for city as well as police and fire services. Councilor Moore moved to give the updating project to the Traffic Safety Committee. Councilor Boehme seconded, and the motion carried unanimously on a voice vote. In regard to the Speed Ramp Policy, Councilor Moore moved to adopt the policy, with staff to work on how it would be accomplished, either by ordinance or resolution. Councilor Woodruff seconded. Mayor Lehmann noted the lack of public input other than immediately affected properties. She moved to amend the motion to include a public hearing at the committee level. Councilor Moore seconded. The motion to amend carried unanimously on a voice vote. The original motion, as amended, then carried unanimously on a voice vote.
7. CONSENT CALENDAR: The Council considered the following items under the Consent Calendar: City Engineer bill; City Attorney bill; a proclamation for the Great Garage Sale; and a proclamation regarding Emergency Medical Services Week. Councilor Moore moved to approve the Consent Calendar. Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
At 9:05 p.m., the Council took a break. The meeting was reconvened at 9:15 p.m.
8. CORRESPONDENCE: The Council considered the following: a letter from ODOT regarding the City's Transportation Plan; and a letter from Community and Economic Development regarding community needs and issues projects. No action was needed.
9. INFORMATIONAL ITEMS: The Council considered the following items: Municipal Court Report from March, 2001; Senior Center Minutes of April 16, 2001; a financial memo; Library Board Minutes/Monthly Circulation Report; Lincoln County Transit Budget for 2001-2002; Report from Alan Brown re Waldport Town Hall Meeting; an email re Skatepark donations; OHCS Notice re Upcoming Meetings; OLCC License Renewals. No action was needed.
10. PUBLIC HEARING(S):
A. Supplemental Budget: Mayor Lehmann opened the Public Hearing on the Supplemental Budget at 9:15 p.m. No one was present to speak to the issue. Mayor Lehmann then closed the Public Hearing.
B. Proposed Water Rate Increase: Previously addressed.
11. NEW BUSINESS:
A. Consideration of Resolution re Supplemental Budget: Councilor Moore moved to approve Resolution #973. Councilor Boehme seconded. Following a brief discussion, Mayor Lehmann noted that any unspent monies could be moved back into the General Fund. The motion carried, with Mayor Lehmann and Councilors Moore, Boehme, Woodruff, Church, and Welch voting "Aye", Councilor Peterson voting "Nay".
B. Consideration of Resolution re Special City Allotment for Street Improvements: Councilor Welch moved to approve Resolution #974. Councilor Moore seconded. Mr. Dowsett noted that the City would wait to get the money before making the improvements. The motion carried unanimously on a voice vote.
C. Consideration of Resolution re Authorizing and Approving Line of Credit: Councilor Moore moved to approve Resolution #975, Councilor Boehme seconded. Councilor Moore applauded Mr. Dowsett's work in obtaining the line of credit. Mr. Dowsett explained the terms of the agreement, and indicated that he would like to draft a letter to the bank to thank them for all their assistance. Mayor Lehmann asked to include thanks for the landscaping as well. Mr. Dowsett indicated that this was subject to the bond counsel's approval, and Mr. Rogers had assured him that as long as the monies were used for capital projects for Public Works, it will meet the criteria. Councilor Welch noted that the monies would be used for the I & I improvements. The motion then carried unanimously on a voice vote.
D. Consideration of Resolution Adjusting Land Use Action Fees: Mr. Dowsett noted that this came from the December City Council meeting, where the Council made the decision to index future planning fees. Councilor Moore moved to adopt Resolution #976. Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
E. Consideration of Resolution Adopting City of Waldport Environmental Policy: Councilor Moore moved to adopt Resolution #977. Councilor Woodruff seconded, and the motion carried unanimously on a voice vote.
F. Consideration of Wastewater Utility Financial Plan and Rate Analysis: Councilor Moore moved to instruct staff to go through notification procedure for an increase in the sewer rates, and adopt the methodology of Mr. Bartlett's report, using the current billing structure rather than going to an EDU. Councilor Welch seconded, and the motion carried, with Mayor Lehmann and Councilors Peterson, Boehme, Moore, Welch and Church voting "Aye", Councilor Woodruff voting "Nay".
12. OLD BUSINESS:
A. Cooperative Agreement (Urban Services Agreement): Councilor Moore moved to have the Mayor sign the agreement on behalf of the City. Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
B. City Engineer Contract Renewal: Councilor Moore moved to approve renewal of the contract at the current rates. Councilor Welch seconded. Councilor Woodruff asked about the RFP process and Mr. Dowsett explained that the Council could consider that at any time with notice given to Dyer. The motion then carried unanimously on a voice vote.
C. Proposed Amendment to Council Rules: Councilor Peterson moved to approve the change to the Council Rules. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
13. EXECUTIVE SESSION: At 9:32 p.m., there being no further business to come before the Council, the Council adjourned to 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 SESSIONS: None.
15. ADJOURNMENT: At 9:45 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.
Reda A. Quinlan, City Clerk
APPROVED by the Waldport City Council this 7th day of June, 2001.
SIGNED by the Mayor this 8th day of June, 2001.
Kim D. Lehmann, Mayor