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CITY COUNCIL MEETING MINUTES

APRIL 3, 2003


1. CALL TO ORDER AND ROLL CALL: Mayor Beckstead called the meeting to order at 7:00 p.m. Mayor Beckstead and Councilors Woodruff, Peterson, Welch, Eder and Church answered the roll. Councilor Abbott arrived at 7:07 p.m. A quorum was present.
2. CITIZEN COMMENTS AND CONCERNS: Jasper Jones, from Camp One Road, asked the Council about the status of the skatepark. Ms. Leonard informed him that the trees are being cut, the drainfield is being put in, and they hoped to have the park completed in about two months. Councilor Church asked if the kids were still using the half pipe, and suggested that it be given to Yachats. Jerry Hughes, representing the Board of Directors of the Youth Center, gave the Council a brief update on their recent activities. Currently they are open one day a week, and they will be putting on a fundraising effort by selling memberships to the Center. They were hoping to keep it all volunteer at this point, with no paid staff. The Council thanked Mr. Hughes for the update, and encouraged him to keep up the good work. Mayor Beckstead noted that this comprised the Community Youth Report on the agenda. Pastor Lawrence addressed the Council regarding their request to locate the fireworks booth at the Senior Citizen Center parking lot. Councilor Peterson moved to grant permission, provided that they have insurance coverage. Councilor Woodruff seconded, and the motion carried unanimously on a voice vote. Ms. Leonard will follow up on the issue and obtain the proof of insurance.
3. COUNCIL COMMENTS AND CONCERNS: Mayor Beckstead noted he had handed out a copy of Senate Bill 742, regarding creating the crime of terrorism. He indicated that the language is so broad and vague that literally starting a food fight could be considered an act of terrorism and result in life imprisonment. He felt that this bill constituted an assault on First Amendment rights, and was an issue of derision throughout the country. If the bill is still pending at the next Council meeting, he may ask the Council to take some formal stand with regard to the issue. Councilor Welch agreed that the proposed legislation was outrageous, and felt that these concerns needed to be conveyed to the State legislature. Councilor Church raised the issue of a recent email from the Oregon Natural Resource Council, regarding the Councilors reaction to the proposal to turn over about 62,000 acres of Siuslaw National Forest to the Confederated Tribes of Coquille, Coos and Siuslaw. Discussion ensued regarding whether this should be an individual or a Council response. No formal action was proposed at this time. Councilor Welch reported on the recent tsunami disaster walkthrough, indicating that on the whole it had been successful, though one siren had not gone off. He appreciated the constructive working relationship with the Fire District and the Public Works department. Councilor Church asked about ownership of the sirens, and Councilor Welch clarified that the City was responsible for maintenance and upkeep, but the Fire District was responsible for the actual notification. Councilor Eder thanked the staff for the cover sheets on the discussion/action items. Councilor Church expressed concern regarding the intersection of Crestline and Cedar Street, and asked that the Traffic Safety Committee look at the issue. Councilor Welch agreed to address the topic on their next agenda.
4. MINUTES: The Council considered the minutes from the March 6, 2003 Council meeting. Councilor Welch moved to approve, Councilor Eder seconded. The motion carried unanimously on a voice vote.
5. PUBLIC HEARINGS: None.
6. STAFF REPORTS:
 A. Sheriff: Sergeant Jozwiak was present to address the Council. Councilor Welch asked again about enforcement of speed, and Sergeant Jozwiak responded that this had been discussed and violations would be addressed. Recently they had done a traffic study on seatbelt compliance and the City had scored in the high 90 percentile. He felt that on the whole, people may be more diligent. Discussion ensued. The Council indicated that they felt speeding was very important, and they would like to see further enforcement efforts being made.
 B. City Administrator: Ms. Leonard noted that City is making national news with the water reclamation project, according to a recent article in Golf, Inc.
 C. City Attorney: Not present.
 D. Public Works: Mr. McClintock noted that he had the new draft copy of the NPDES permit. The previous draft expired in 1998, so treatment facility has technically been without a permit since then, just like everyone else in the state. Currently they were in the process of staff comment, then it will be opened for public comment, and a final copy issued afterwards. There had been a few changes, but nothing significant. He reported that staff was working on an application for funding to fix the berm wall at the lagoon, to be submitted by the end of the week. The City was asking for $137,000 in grants and loans, hopefully more grant than loan. The Raw Water Project should be completed by the end of May. The survey on Southworth Creek is complete, and the City knows where the point of diversion is. The engineers have the permit to be filled out and submitted, and the City was asking for a 40-year extension. Councilor Welch asked about land acquisition at the point of diversion and Mr. McClintock responded that this was addressed in the Water Master Plan, and the City would eventually need to determine if they wished to put in a pump station or a treatment facility. Mayor Beckstead asked about the striping on Crestline behind the school, noting that there has been a request to stripe it as a solid yellow as a message that no one can pass there. There had been an accident involving several young people when someone tried to pass on the hill. Mr. McClintock responded that they could certainly do so, and could also install signage. Following a brief discussion, Councilor Welch moved to instruct the Public Works Director to stripe the area and put up no passing signs if appropriate. Councilor Woodruff seconded, and the motion carried unanimously on a voice vote.
7. COMMITTEE REPORTS:
 A. Finance and Administration: Councilor Woodruff noted that the minutes from their last meeting were in the packet materials, and the two items they wished to forward were on the Council agenda.
 B. Infrastructure Planning: Councilor Welch indicated that they had not had another meeting. The minutes from their March 4, 2003 meeting were in the packet materials and their actions had been reviewed at the previous Council meeting.
 C. Parks and Recreation: Councilor Woodruff informed the Council that the weeding has begun on the parks, following the approval of the contract with K & D Enterprises.
 D. Traffic and Public Safety: Councilor Welch indicated that there had not been a meeting.
 E. Economic Development Committee: Mayor Beckstead noted that the Chamber of Commerce is aware they need to appoint a member. Councilor Woodruff suggested that the person could attend the next Committee meeting, scheduled for April 8 at 5:30 p.m.
 F. Community Youth Report: Previously addressed.
8. CONSENT CALENDAR: The Council considered the following items: City Engineer bill; Foundation Engineering bill; Memorandum of Understanding - City of Waldport and Road District #3; and Memorandum of Understanding - City of Waldport and Waldport Urban Renewal Agency. Councilor Church moved to approve the Consent Calendar, Councilor Eder seconded, and the motion carried unanimously on a voice vote.
9. CORRESPONDENCE: The Council considered the County Board of Commissioners request for a joint meeting. Following a brief discussion, consensus of the Council was to proceed with scheduling the meeting for September.
10. INFORMATIONAL ITEMS: The Council considered the following items: Library minutes and draft Planning Commission minutes. There were no comments.
11. DISCUSSION/ACTION ITEMS:
 A. Waldport Economic Development Discussion: Councilor Welch indicated he had recently attended a tri-county meeting, and provided the information from that meeting in the packet materials. The issue was encouraging local communities to look at their economic development. To this end, the South County Livability Issues Group (SCLIG) would like to have a joint meeting with the cities of Waldport and Yachats, their Chambers of Commerce, the Port of Alsea and other associations to look at putting together a "game plan" to create an identity for South County that is built around its extraordinary natural resources and recreational opportunities. Councilor Abbott noted that the next SCLIG meeting would be at 1:00 p.m. on the 24th of April at the Yachats Commons. Councilor Woodruff asked if a Chamber representative had taken advantage of the Councilís sponsorship to the McMinnville conference, and Ms. Leonard responded that Brian Kirsch from Health 101 had signed up to go.
 B. Request to Remove 1931 Water Line Easement: Ms. Leonard reviewed the issue, noting that she had confirmed with Mr. McClintock that the City had no need for the easement. Councilor Church moved to have the City Attorney draft a release of easement. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
 C. Request for Permission to Place Fireworks Booth on City Property: Previously addressed.
 D. Alcohol on City Property Discussion: Councilor Woodruff noted as a member of the Senior Board the concern had been raised because of the impact on rentals due to the restriction against alcohol on City property. The Finance and Administration Committee had looked at the issue, and had come up with the proposed alcohol policy as a result of the discussion. Ms. Leonard noted that every application would need to be approved by the Council. Following discussion, Councilor Peterson moved to approve the recommended policy, and revisit the issue in one year or sooner if necessary to determine how it was working. Councilor Church seconded. Further discussion ensued regarding liability issues. Ms. Leonard noted that she had enhanced the application after conversations with the Cityís insurer and OLCC, and the insurer had reviewed the application and seemed comfortable with it. Councilor Church amended the motion to include the words "guests, invitees and licensees " in the indemnification clause. Councilor Welch seconded, and the motion, as amended, then carried unanimously on a voice vote.
 E. Consideration of Resolution Amending Signatory Resolution: Councilor Woodruff noted that this had also come from Finance and Administration. Following a brief discussion, Councilor Woodruff moved to approve Resolution 1033. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
 F. Consideration of Revised Nuisance Ordinance: Mayor Beckstead clarified that there was language added to address animal problems, as the media might want to report on that issue. Councilor Welch suggested waiting until the next meeting for adoption, to allow for public input. Councilor Church expressed concern about enforcement, and also suggested that ordinance review should be done by the entire Council at a workshop session, rather than by a committee of the Council. Councilor Welch moved to schedule a public hearing for the next Council meeting. Councilor Woodruff seconded, and the motion carried, with Mayor Beckstead and Councilors Abbott, Woodruff, Peterson, Eder and Welch voting "Aye", Councilor Church voting "Nay".
 G. CAO Job Description/Title: Ms. Leonard explained that she had attempted to follow the changes suggested by Council and incorporate them into the description, and had provided her recommendation as well. Councilor Welch asked for a little more time to digest and review the draft. Mayor Beckstead noted that he and Councilors Woodruff and Eder had been the subcommittee for review of this issue, and had made some suggested changes to the description. Councilor Church proposed waiting until the contract was up for review, and then moved to table the issue to the next contract negotiation. Councilor Woodruff seconded, and the motion carried, with Councilors Abbott, Woodruff, Peterson, Welch and Church voting "Aye", Mayor Beckstead and Councilor Eder voting "Nay".
12. EXECUTIVE SESSION: At 9:05 p.m., the Council recessed into Executive Session, pursuant to ORS 192.660(1)(e): To conduct deliberations with persons designated by the governing body to negotiate real property transactions.
13. ACTIONS, IF ANY, FROM EXECUTIVE SESSION: At 9:07 p.m., the Council meeting was reconvened. Councilor Peterson moved to renew the contract with Emerald Coast Realty for the sale of the Rebel Road property. Councilor Church seconded, and the motion carried unanimously on a voice vote.
14. GOOD OF THE ORDER: Nothing further.
15. ADJOURNMENT: At 9:08 p.m., there being no further business to come before the Council, Councilor Peterson moved to adjourn. Councilor Church seconded, and the motion carried unanimously on a voice vote.

Respectfully submitted,
Reda A. Quinlan
City Clerk

APPROVED by the Waldport City Council this 1st day of May, 2003.
SIGNED by the Mayor this 1st day of May, 2003.

Scott Beckstead, Mayor