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CITY COUNCIL MEETING MINUTES

APRIL 4, 2002


1. ROLL CALL: Acting Mayor Moore called the meeting to order at 7:00 p.m. Acting Mayor Moore and Councilors Church, Welch, Peterson, Woodruff and Abbott answered the roll. A quorum was present.
 A. Acceptance of Abstract: Councilor Welch moved to accept the abstract of votes. Councilor Church seconded, and the motion carried unanimously on a voice vote.
 B. Swearing-in of New Mayor: City Attorney Hammersley administered the oath of office to Scott Beckstead. Mr. Beckstead then took his seat at the Council table.
 C. Nomination for Council President: Councilor Welch noted that he had asked that this be put on the agenda, as he had been appointed as Council President when Mr. Moore was appointed as the Acting Mayor. He was submitting his resignation as Council President, effective immediately. Councilor Welch moved to restore Councilor Moore to his position to Council President. Councilor Church seconded, and the motion carried unanimously on a voice vote.
2. CITIZEN COMMENTS AND CONCERNS: None.
3. COUNCIL COMMENTS AND CONCERNS: None.
4. MINUTES: The Council considered the minutes from the March 7 regular and special Council meetings. Councilor Moore moved to approve the minutes as submitted, Councilor Church seconded, and the motion carried unanimously on a voice vote.
5. STAFF REPORTS:
 A. Sheriff Report: Lt. Stallard was present to answer any questions. Councilor Church asked about the comparison between the City of Waldport and other communities in regards to crime. Lt. Stallard indicated he did not have a report, but would have it available at the next meeting. Councilor Welch asked about the surplus patrol car, Stallard responded that the car has been stripped of its county equipment, and the agreement was with their legal counsel. It will be presented to the City Administrator and Mr. Hammersley for review, then presented to the Council. Councilor Woodruff commented on the increase in traffic citations, and Lt. Stallard responded that one of the reasons the numbers were higher was due to grants which allowed for extra overtime.
 B. City Administrator: Ms. Leonard noted that the Budget Committee had spent two days reviewing and finally approving the budget. The public hearing and adoption of the budget document was scheduled for the June 6th Council meeting. Ms. Leonard reported that the formal adoption of findings for the UGB expansion was scheduled for April 8, the issue will then go to the County Commissioners for approval. Her final issue was a request regarding the South Sewer Project. Ms. Leonard explained that the City needed to find a method of assessment that was fair and equitable, and suggested that the Council consider authorizing the City Engineers to perform an LID assessment report, which will list the affected properties and provide appropriate methodologies for assessment. Councilor Moore stated that this would be important before the City can engage in discussion with the property owners. Ms. Leonard noted that USDA asked the City Engineers for an updated addendum to the original application, with updated costs. The old application used costs from Sewer Master Plan, which was now two years old. Councilor Peterson moved to approve the request, with the cost of the report not to exceed $8,000. Councilor Moore seconded. Councilor Church asked if the costs would be included in the overall engineering fees for the project, Ms. Leonard confirmed. Councilor Woodruff asked about the deadline; Ms. Leonard responded that the City had until April 19 to show that it was really serious about this, and requesting the report would fulfil that requirement. The motion then carried unanimously on a voice vote.
 C. City Attorney: Mr. Hammersley noted the City's brief in the Sagaitis case had been due April 18, but following a request for extension from Gresham and the League of Oregon Cities had been rescheduled for May 2. He had reviewed the "Adopt A Park" forms, and copies had been faxed to CIS for review. This is the first time they've heard of the program, so they were going to examine it closely. Mr. Hammersley reported that he would be reviewing the requirements for the EPA internal audit with staff the following week. The Skatepark design is still under review by CIS, although a favorable memo has been received. He had one item for Executive Session.
 D. Public Works: Mr. McClintock noted that he had mown Veterans Park and Keady Wayside the previous Tuesday. He clarified that, when he mowed the park, it was on his time, with his mower and his gasoline. He did it because they needed to be mowed, no one was available from Public Works, and he's a veteran. Evidently there were several citizens who were concerned that the City was paying him to perform that task, so he explained that in the future he would perform the service outside of regular working hours. Mr. McClintock mentioned that Ms. Swander was present in regard to her request for limited parking in front of her business. The signs had been ordered and the decision at the time of the original request had been to have staff draft a resolution, which had not been done. Mayor Beckstead suggested that the signs could be installed temporarily, until such time as the traffic study was completed. Ms. Swander indicated that she would be content if they were installed on a temporary basis, as long as they were installed. Councilor Peterson moved to install the signs for 30-minute parking, temporarily until the traffic study is done. Councilor Woodruff seconded. The motion carried, with Mayor Beckstead and Councilors Abbott, Woodruff, Peterson, Welch and Church voting "Aye", Councilor Moore voting "Nay". Mr. McClintock gave an update of the raw water project and the Ridgewood acres project, and noted that a major source of I & I had been located at the Forest Service property. They were currently fixing the problem. He had received notice from the Bicycle and Pedestrian program that there may be monies available to do a curb, gutter and sidewalk for Red Ditch. Councilor Moore asked whether Pacific View had been graded, and Mr. McClintock responded affirmatively, noting that the grading and rock just does not last long. Councilor Welch gave a brief review of the presentation from the Department of Geology, noting that they would be mapping the tsunami zone for Waldport in the next few months. The Traffic Safety Committee was working with the Fire District on coming up with a plan for assisting with the elderly and disabled in the event of a natural disaster.
 E. City Planner: The Council considered the written report in the packet materials.
6. COMMITTEE REPORTS:
 A. Finance and Administration: Councilor Peterson noted that the Committee was still working on several issues. Ms. Leonard reported that she had written the thank-you letter on behalf of Council to both parties for the tsunami siren easement. Councilor Woodruff moved to have the Economic Development Committee be the interacting agency for the TGM grant until the City has a final plan for downtown revitalization, and to have them work on other projects as approved by Council. Councilor Peterson seconded. Councilor Woodruff explained that this would help to clear up the ambiguity about the mission of the committee, and it was the responsibility of the Council to give the scope of work and time frame to the Committee. Following discussion, the motion carried unanimously.
 B. Infrastructure Planning: Councilor Moore indicated that there would be a meeting the following Tuesday at 9:00 a.m. to discuss the South Sewer Project. He reported that ODOT had moved the Highway 34 project to 2002, starting in October. They expect to get Red Ditch culverted and filled this year. Councilor Moore asked that the City Administrator send a letter to Mr. Buisman and the County Commissioners, thanking them for their speedy response on the stop signs on Range and Crestline. The neighbors who live there have expressed gratitude for the fact that they are slowing traffic down.
 C. Parks and Recreation: Ms. Woodruff noted the minutes from their last meeting in the packet, and mentioned that they were still awaiting bids on the irrigation on Meridian and Keady Wayside. Mayor Beckstead mentioned the upcoming fundraising effort for the Skatepark, as the Blazer alumni were coming to play against local teams on April 20. It was noted that the interpretive sign had finally been installed at Keady Wayside. Councilor Church reported that the handrail on the stair at Keady Wayside appeared to be getting worse. Mr. McClintock indicated it was on the list for Public Works to take care of, as money becomes available.
 D. Traffic Safety: Councilor Welch noted he was hoping to get the information on the surplus Sheriff's patrol car soon, so that Public Works can be in charge of moving the vehicle. This would be used principally on Hwy 101 and 34 to help slow down traffic. 
7. CONSENT CALENDAR: The Council considered the following items: City Engineer bill; City Attorney bill; and Signatory Resolution No. 999. Councilor Moore moved to approve the Consent Calendar, Councilor Church seconded, and the motion carried unanimously on a voice vote.
8. CORRESPONDENCE: None.
9. INFORMATIONAL ITEMS: The Council considered the following items: Waldport Library Board minutes; Senior Center Board minutes; Planning Commission minutes from February and March; Waldport Economic Development and Revitalization Committee minutes; and a financial memo outlining the tsunami siren costs to-date. No action necessary.
10. PUBLIC HEARINGS: None.
11. NEW BUSINESS:
 A. Financing Alternatives for Water & Sewer GO Bonds: Councilor Moore suggested that this issue be reviewed by Finance and Administration, this was also the consensus of the Council. Councilor Welch asked that Ms. Leonard review the legal implications with the City Attorney when a recommendation was made.
 B. Senior Center Staffing: Councilor Moore noted that Ms. Dorsey was going to retire at the end of the summer. He expressed a desire to continue to have the seniors continue to run the program if at all possible, as they had been doing an excellent job. Councilor Woodruff indicated that, at the next senior board meeting, she would see if they would be interested in holding a senior town hall, with coverage from the media, to ascertain the interest in perpetuating the program. If there is no interest, then the City will take over the operation, but only if necessary.
 C. Rebel Road Property: Ms. Leonard indicated that the property had been listed since last fall; she had been approached by Emerald Coast Realty to ascertain if the price could be reduced slightly. This would move it back up to the top of the listings again. It was currently listed at $44,500. Emerald Coast had suggested a reduction to $39,900. City Attorney Hammersley informed the Council that they could take the issue up in Executive Session if they desired. Councilor Peterson indicated that he had no problem with discussing it in open session, and there were no objections from the rest of the Council. Following a brief discussion, Councilor Peterson moved to go with Emerald Coast's suggested reduction. Councilor Church seconded, and the motion carried unanimously on a voice vote. Ms. Leonard signed the authorization for change.
 D. Dangerous Building Abatement: Councilor Welch indicated that this issue had been referred to the Council by the Economic Development Committee. The owner of the Mercantile has been placed on notice regarding disrepair and dangerous situations on several occasions, and it appeared that he was not interested in complying with the City's requests. There is an abatement process available to the City by ordinance. Councilor Moore stated that he had discussed this issue with the City Planner, who saw no justification for condemning the building, the problem was the accumulation of trash and debris. Discussion ensued. Councilor Peterson asked Mr. Hammersley if the City was incurring potential liability if it did something which would cause further problems. The response was affirmative. Ms. Leonard will contact Dave Gordon to see if he is the point of contact for the owner. Mr. Nickerson mentioned that he had been in contact with the owner, and had talked to him about fixing up the building so that they could rent it. Consensus of the Council was to be prepared to take some sort of action by the next meeting.
 E. Excavation/Cutting of City Streets: Mr. McClintock stated that this was on the agenda by his request. He noted that the ordinance was drafted in 1979. With all work that had been done on city streets in previous years, he would like the City Attorney to review the ordinance with an eye toward providing discretionary power for the Public Works Director and Department rather than City Recorder, and language require boring rather than tearing up city streets. Discussion ensued. Councilor Moore moved to instruct staff to update the current ordinance to ensure that approval comes from Public Works and providing language for violations. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
 F. Local Option Tax: Ms. Leonard noted the suggestion had come from the Budget Committee for the Council to review the issue of funding for parks. She had distributed a memorandum which summarized current local option taxes and their requirements, and provided some examples. Discussion ensued. It was decided to refer the issue to the Finance and Administration Committee and the Parks Committee. Mayor Beckstead noted this might be an opportunity for both committees to take out the Master Plan and look at what is wanted and what can be put together.
 G. Transient Room Tax: Ms. Leonard noted that the suggestion had came from the Budget Committee for the Council to review the idea of raising the transient room tax from 6% to 7%. Councilor Woodruff moved to increase the transient room tax from 6% to 7%. Councilor Moore seconded. Discussion ensued regarding who was subject to the room tax requirements, Councilor Peterson noted the ordinance addressed this issue. The motion carried unanimously on a voice vote.
12. OLD BUSINESS:
 A. Fire Department Lease: Mayor Beckstead recused himself from the discussion, as he was the attorney for the Fire Department. Councilor Peterson commented that the Fire Board felt that it would be appropriate for the City to continue the lease with COG to June 30, then enter into the new lease with Fire District. Councilor Moore noted that the lease was voted on and approved at the last Council meeting. The Fire District has agreed to cooperate with COG to allow the Senior and Disabled Services to use part of the room. They had no interest in leasing that room themselves, and agreed that the City will continue to receive the rent monies. Councilor Abbott suggested that a review of the COG lease be scheduled before the end of June. City Attorney Hammersley noted that one thing left out of lease was tsunami siren system, and indicated that the disaster warning system will be a separate agreement. Consensus of the Council was to change the signatory on the lease document from the Mayor to the Council President. Councilor Woodruff moved to have Council President Moore sign the lease agreement. Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
13. EXECUTIVE SESSION: At 8:33 p.m., there being no further business to come before the Council, the meeting was adjourned to Executive Session, pursuant to ORS 192.660(1)(h): To consult with counsel regarding current litigation or litigation likely to be filed.
14. ACTIONS, IF ANY, FROM EXECUTIVE SESSION: None.
15. ADJOURNMENT: At 9:02 p.m., there being no further business to come before the Council, the meeting was adjourned.

Respectfully submitted,
Reda A. Quinlan
City Clerk

APPROVED by the Waldport City Council this 2nd day of May, 2002.
SIGNED by the Mayor this 2nd day of May, 2002.

Scott Beckstead, Mayor



APRIL 18, 2002


1. ROLL CALL: Mayor Beckstead called the meeting to order at 9:30 a.m. Councilors Abbott, Woodruff, Moore Welch and Church answered the roll. Councilor Peterson was absent, a quorum was present.
2. DISCUSSION/ACTION ITEMS:
 A. Consideration of Proposal from Economic Development Committee to Replace Fencing at Old Motel Site: Mayor Beckstead noted that the issue was the replacement of the current chain-link fence with a wooden fence that would be more friendly. Councilor Welch announced that the motion at the Economic Development Committee was to recommend the replacement, and the Committee had approved the current plan. Councilor Church moved to approve the recommendation of the Economic Development Committee and install the proposed fence. Councilor Welch seconded. Councilor Woodruff asked if the motion should be to make the recommendation to the Urban Renewal Agency to approve the plan. Councilor Church amended his motion to have the Council approve the plan and make a recommendation to the Urban Renewal Agency. Councilor Welch seconded the amendment. Councilor Abbott asked if the fence met the height requirement, the answer was affirmative. Councilor Woodruff noted that the fence may be too high for people to sit on, and asked if they could be lowered to accommodate that. Discussion ensued regarding whether to lower the height of the fence, or whether to install benches on the middle rail or make movable benches. Ms. Leonard cautioned the Council that if the height of the fence was lower, there could be a liability issue from people tripping on or falling over the fence. Mayor Beckstead concurred, noting that if the intended purpose was plain, then when people use it for another purpose the liability issue not as great. Raynette Mohni, representing the Beachcombers Committee asked if the chain link fence could be left up until after Beachcombers Days, as it provides added security and a place to hang materials. The Council determined that this could be worked out between the Chamber and the Beachcombers Committee as to the timing of the replacement, since the Chamber was going to be paying for the materials and Mr. Nickerson was volunteering his labor. The motion then carried unanimously.
 B. Other Issues: Ms. Leonard noted that she had met with Mr. Forrest Peck regarding the opportunity to receive additional grant funding for the South Sewer Project if the City was intending on moving forward. The reason the extra funding was available was due to the fact that Myrtle Creek had cancelled their proposed project . The short time frame was because the monies were intended to go back to the federal pool on April 25 if they were not recommitted. Mr. Peck had assured her that the letter of conditions was not as formidable as it first appeared. The City Attorney had reviewed the materials and concurred, a memo from him had been distributed at the meeting. Councilor Moore moved that, based on the recommendation from the City Attorney, the Mayor should sign the letter of intent. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
3. ADJOURNMENT: At 9:45 a.m., there being no further business to come before the Council, the meeting was adjourned.

Respectfully submitted,
Reda A. Quinlan
City Clerk

APPROVED by the Waldport City Council this 2nd day of May, 2002.
SIGNED by the Mayor this 2nd day of May, 2002.

Scott Beckstead, Mayor