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CITY COUNCIL MEETING MINUTES

AUGUST 7, 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 was absent. A quorum was present.
 Newly appointed Sheriff Dennis Dodson addressed the Council and introduced himself. He presented a check for $7,800, which was the unexpended amount of last year's contract, and stated that he looked forward to meeting with the Council and working with the City.
2. CITIZEN COMMENTS AND CONCERNS: Jerry Hughes addressed the Council regarding rumors having to do with the new licensing ordinance, and stated that he would let the law be discussed by those that it might affect. He did not want to see the farmerís market or the flea market shut down or bothered in any way. Mr. Hughes then gave a brief update on the activities at the Youth Center, noting that they were open four days a week and were providing classes in clay arts and lapidary arts. Volunteers are still needed, and board meetings are the second Tuesday of every month at 7:30 p.m. at the Youth Center.
 Nancy Blomeyer, a resident on Norwood Drive, stated that she was concerned about the rock at the end of Norwood where it meets Starr. She wondered if there was some barrier that could be installed to prevent the rock from falling into the road. Following a brief discussion, Mr. McClintock indicated he would look into a "Jersey barrier" for that area to assist in keeping debris off the road.
 Annie Watson addressed the Council regarding business license ordinance questions. She asked if the Council would take into consideration or readdress the Wednesday Market, as this was an event created by the Chamber, supported by the Chamber and promoted by the Chamber. Discussion ensued. Ms. Watson also noted that the sign at the south end of town was in the process of being repaired and wondered if there would be any problem with replacing it. No concerns were expressed. Further discussion ensued regarding the business license issue. Ms. Leonard suggested the Council consider doing a proclamation to state that the Farmerís Market was a weekly event, and stated that if any of the participants had purchased a license, the City would refund the payment if requested. Councilor Welch moved to allow the vendors operating under the auspices of the Chamber of Commerce to not be required to purchase a business license. Councilor Peterson seconded, and the motion carried unanimously on a voice vote. The proclamation will be presented at the next Council meeting, but the decision was effective as of August 7, 2003.
 In regard to the letter from Mr. Hunt, offering to purchase the property on which Veteranís Park is located, Ms. Leonard stated that he had asked her to provide some further information. His intention is to fly flags from all branches of the service, and he will find out who in the area has died in service and put their names on a plaque, and invite the remaining family members to a dedication ceremony. Ms. Leonard had asked, but he was not willing to do those things if he did not acquire the property. She had also suggested that he consider doing this on another piece of property that was not City-owned, but he did not appear to be interested. He stated that he would be willing to have a deed restriction that it remain a memorial. Ms. Leonard indicated that there would be some issues involved if the Council wished to consider this, as the property was actually a public street and would need to be vacated. In that process, the underlying interest would go to adjacent property owners, maybe divided or maybe all to one owner. It would also not lend itself to placing any deed restrictions. Mayor Beckstead noted that there was tremendous value in having that be a public park that is owned by the citizens of Waldport. If Mr. Hunt purchased it, it would no longer be owned by the citizens. The Council expressed appreciation for the offer, but felt that this park should remain the Cityís responsibility. Councilor Church moved to deny the request. Councilor Eder seconded, and the motion carried unanimously on a voice vote.
 The Council considered the letter from E. Papas regarding the proposed gazebo at Keady Wayside. Ms. Papas read the letter into the record for the benefit of the audience. She suggested the Council consider putting the money into a "rainy day" fund rather than building a gazebo. She also suggested the City look at supporting new business opportunities in the area, the Mayor suggested she bring her ideas to the Economic Development Committee and the Chamber of Commerce.
 At 7:38 p.m. Mayor Beckstead opened the Public Hearing on the Supplemental Budget. There were no comments. Mayor Beckstead closed the Public Hearing and stated that the Council would act on the resolution later in the meeting.
 At 7:39 p.m. Mayor Beckstead opened the Public Hearing on the appeal of the Planning Commission decision, Case File 2-S-94 (2003 Amendment). He stated that there were two issues before the Council, the requested time extension and the requested modification to the sidewalk requirement. He informed the audience that the Councilís role was to examine the action of the Planning Commission and determine if it needed to be upheld, modified, or denied. Councilor Church noted he would recuse himself due to the proximity of his property, and participation in the Planning Commission hearing. He then left the Council table. Mayor Beckstead stated that he had general conversations with people about the development, but did not feel that they rose to the level of any conflict of interest or bias. No other bias, conflicts of interest or ex parte contact were announced. There were no objections from the applicant to any of the remaining members on the Council participating in the hearing.  Staff Report: Mr. Lewis reviewed his staff report. He noted that there was written testimony both in support and in opposition in the packet materials. He clarified that the current code requires that sidewalks be constructed on both sides of the street in new developments. However, the applicant is stating that there are no other subdivisions in the area that have sidewalks, and due to market conditions there is also a financial hardship. The Planning Commission had found that they had addressed the same issue in February of 2002, and no new evidence had been presented to justify a modification to the standards. As to the time extension, the current code states that there can be up to 3 one-year time extensions. However, at the time of the original application, multiple extensions and multiple-year extensions were allowed. The Planning Commission also did not find it necessary to grant a time extension at this time, as the current time extension will not expire until April of 2004.
Proponentís Presentation: Mr. Schulte addressed the Council, noting that he had possibly erred in not attending the Planning Commission meeting to explain his request. He had originally proposed a 63-unit subdivision, which met the criteria of the code at the time, but subsequently and on his own volition brought back a proposal to reduce the number of lots to be more in keeping with the character of the neighborhood and lessen the environmental impacts. At that time, sidewalks were not required. As part of the original subdivision application, Mr. Schulte had volunteered to assist the City in correcting the situation at Starr and Norwood, and had agreed to pay for the majority of that project. He explained that the City's obligation in this agreement was to provide grading and ensure that this was all in the City's right-of-way. He stated that it had been the Cityís decision to release him from that agreement, and he saw no problem with again working with the City to address the issue of the intersection. He noted that if an extension was not granted, he would be forced to start the subdivision immediately. The problem is that with the present market conditions, the project would then have to be done on a "piece-meal" basis. According to Mr. Schulte, the site-specific geologic survey has been completed, along with a wetlands delineation.
Opponentís Presentation: Alan Canfield addressed the Council, indicating that he was speaking for several members of the audience. He read his prepared statement into the record. Mr. Canfield also reported that he had 29 petitions signed by about 50 people, in opposition to the subdivision. He stated that the most common question was why the subdivision had been approved initially, and explained that one of the main issues was the number and size of the lots and the types of homes that would be built. He also indicated that his research had shown Mr. Schulte had not paid taxes on several of his properties. Mayor Beckstead asked Mr. Canfield to explain why the Council should not either postpone the decision or provide a time extension and thereby give time to explore other options or allow the neighborhood to meet with Mr. Schulte to work out the issues? Mr. Canfield responded that this was a good question, and if the money was found to make that a park, that might be one way to please all the people. Mayor Beckstead explained that if the Council denied the time extension, Mr. Schulte would be forced to start his subdivision and that may precipitate problems. Mr. Canfield suggested that Mr. Schulte consider paying the back taxes to the City as a "good faith" gesture. The Mayor asked if any other members of the audience wished to provide testimony, no other citizens came forward.
Proponentís Rebuttal: Mr. Schulte explained that the delay in the payment of taxes was a cash flow issue, and a very common practice for developers. He would, however, pay the $500 in back taxes owing on the Whispering Woods property if that was what it took to solve the issue. He stated that he had no problem meeting with the neighborhood to work out the issues, and if there were sufficient funds available to not develop the property he would also be willing to listen. Mr. Schulte indicated that not all the lots were 6000 square feet, and he was proposing stick-built homes which would range in size from 1300 square feet up to 2000 square feet. He also stated that he would be willing to meet with the City to see what can be worked in regard to the Norwood/Starr intersection, regardless of the outcome of the hearing. He also suggested that the other property owners in the area contribute as well, since it was an issue which affected them all. Councilor Woodruff asked why he didnít wait until April of 2004 to ask for the extension, and Mr. Schulte explained that if the extension was not granted at that time, he would not have any time to begin the project. Mayor Beckstead asked Mr. Schulte for a response to the precedental value of the decision to grant only one side. Mr. Schulte replied that installing sidewalks creates more runoff, and requires more grading. He stated that Skyline Terrace looked good without sidewalks, and he would be happy to take the same amount of money and pledge it to the City to be used wherever it deems appropriate. He suggested that if the Council wished to continue the hearing, he would be able to provide the numbers for the amount of money that would be. Mr. Lewis noted that if the Council continued the hearing, they would need to ask the applicant to consent to an extension of the 120-day limit. Mr. Schulte indicated his consent. Councilor Eder asked Mr. Schulteís intention in regard to the removal of trees, and he responded that his intention was to retain as many trees as possible and only take out the ones that were absolutely necessary. He noted that he was a Sierra Club member and believed that there were means to satisfy development requirements while maintaining the environment. When asked if he would consider leaving a substantial buffer to the adjoining property, Mr. Schulte responded that he would be willing to consider it, but would need to look at the situation before he could make a decision in that regard.
 At 8:36 p.m., Mayor Beckstead closed the Public Hearing and reopened the Council meeting to deliberations.
 Councilor Woodruff indicated that it was her understanding the Council's purview was limited to a determination that the Planning Commission made errors in their finding. Ms. Leonard responded that the "errors" could be in fact or in judgment. Mr. Lewis noted that there was discretion in both the time extension and the sidewalk modification, and directed the Council to review the reasons for a time extension. He noted that there were also requirements before construction took place, and final approval needed to be given by the Planning Commission before that could happen. Councilor Welch asked Mr. Lewis if the Planning Commission had erred in their deliberations, and Mr. Lewis responded that he did not believe so. Mayor Beckstead noted that he would like to "buy time" to work some of the issues out between the developer and the neighborhood. He wondered if it was appropriate to postpone the decision and give time to start the dialogue, or reverse the Planning Commission decision on the time extension. He felt that sidewalks were a good idea and he was in favor of that decision on the part of the Planning Commission. Discussion ensued. It was noted that the City was planning on sidewalks to be installed on Norwood Drive when the realignment is done, so there will be a connection. Further discussion ensued regarding the time extension. Mr. Lewis asked that, whatever the decision, the Council direct staff to prepare the findings and have the Mayor sign without having to come back in a month for approval, in order to meet the time requirements. There were no objections from the Council. Councilor Peterson then moved to grant a one-year time extension, overturning the Planning Commission decision on that issue, and directing staff to base the findings on economics and other conditions such as weather. Mayor Beckstead noted that this will also allow the developer and neighboring property owners an opportunity to craft some resolution to their dispute. Mr. Lewis suggested a definite date and Councilor Peterson clarified that this would start on April 5, 2004. Mayor Beckstead seconded. Councilor Woodruff suggested that they give Mr. Schulte the window of time he had originally asked for, and urged the Council to consider only a six-month buffer of time from the April deadline. Councilor Eder also felt a six-month extension would be adequate. The motion carried, with Mayor Beckstead and Councilors Peterson and Welch voting "Aye", Councilors Woodruff and Eder voting "Nay". Mr. Schulte addressed the Council and stated that he would withdraw his request for the modification to the sidewalk requirement.
 At 9:12 p.m., the Council took a five-minute break. The meeting resumed at 9:17 p.m. Mr. Schulte stated that he would be happy to have a member of the Council and a member of the Planning Commission meet with him and the representatives of the neighborhood.
 Councilor Woodruff noted that Toni Rolfe was present, and thanked her publicly for the design of Meridian Park and all of the hard work she had put into that project.
3. COUNCIL COMMENTS AND CONCERNS:
 Councilor Eder mentioned that she had been approached by a citizen who does roller blading regarding the possible ordinance prohibiting skateboarding in the downtown area. She suggested they attend the next Finance and Administration Committee meeting.
 Mayor Beckstead noted he was at the skatepark the other night, and it was crowded and appears to be well-used. He had also attended a meeting of some local school officials and Ford Family foundation representatives, and reported that Ms. Clarice Sullivan will be the coordinator for youth programs to deal with developing and promoting eco-tourism and ecological education, and youth mentoring.
 Councilor Woodruff noted that, at one point, the Council had set up a body of representatives from local utilities to coordinate efforts but only one meeting had been held. Mr. McClintock indicated that the City is providing notification to the utilities well in advance of any major work, especially on streets. If the utilities do not respond, they are forced to bore under rather than cut the street.
 Councilor Church suggested that the Council respond to Ms. Papas' concerns in her letter. Ms. Leonard will draft an appropriate reply.
4. MINUTES: The Council considered the minutes from the July 10, 2003 meeting. Councilor Welch moved to approve the minutes as presented. Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
5. PUBLIC HEARING(S):
 A. Supplemental Budget for FY 2003-2004: Previously addressed.
 B. Appeal of Planning Commission Decisions on Case File #2-S-94 (2003 Amendment) - Lewis A. Schulte: Previously addressed.
 Gail Stater addressed the Council regarding the West Nile Virus and the County's efforts in that regard. He indicated that there are currently no known cases of West Nile Virus in Oregon.
6. STAFF REPORTS:
 A. Sheriff: Previously addressed.
 B. City Administrator: Nothing to report.
 C. City Attorney: Nothing to report.
 D. Public Works Director: Nothing to report.
 E. City Planner: The monthly report was in the packet materials.
7. COMMITTEE REPORTS:
 A. Finance and Administration: The minutes were in the packet materials.
 B. Infrastructure/Planning: The Committee had met on Wednesday, August 6. Minutes from the meeting were distributed to the Council members.
 C. Parks and Recreation: The minutes from the June 17, 2003 meeting were in the packet materials. Councilor Woodruff reported that they did have their first "kickoff" meeting with the Council of Governments representatives in discussing the Parks Master Plan and the formation of a Parks District.
 D. Traffic and Public Safety: Councilor Welch noted that the committee had met on Wednesday, August 6. Minutes from the meeting were distributed to the Council members. The committee had discussed the parking issues in the downtown area, and consensus of the Committee was that there were no significant problems in regard to time limitation, and it also appeared there was ample parking available. They would not recommend any regulation of time for parking in any commercial area at this time. The other issue was that there was a perception of vision impairment for vehicles turning onto Highway 101 from Maple Street near the Olde Tyme Fountain and Deli. The Committee had recommended that the Council ask the Public Works Director to see if it was necessary to obtain permission from ODOT to restrict RV and truck parking in that area. Discussion ensued, following which consensus of the Council was to direct Mr. McClintock to look at the situation and make a recommendation. Councilor Welch volunteered to meet with Mr. McClintock about the issue.
 E. Economic Development: A meeting had been held on July 29. It was noted that Mr. Thompson had resigned as Chair.
 F. South County Livability Issues Group (SCLIG): No report.
 G. Community Youth Report: Previously addressed.
8. CONSENT CALENDAR: The Council considered the following items: City Engineer bill for June, 2003 and a Proclamation for the "Cruziní for Crab Festival". Councilor Woodruff moved to approve the Consent Calendar. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
9 CORRESPONDENCE: None.
10. INFORMATIONAL ITEMS: The Council considered the following items: Library Circulation report; Library District letter regarding contract renewals; a grant status report; and Planning Commission draft minutes from July 22, 2003. No action was needed.
11. DISCUSSION/ACTION ITEMS:
 A. Presentation from Gail Stater, Lincoln County Environmental Health Program Manager re West Nile Virus Update: Previously addressed.
 B. Consideration of Resolution 1047, To Amend the Budget for FY 2003-2004: Councilor Woodruff noted that as a result of the Solid Waste District changing their method of funding, the haulers will now be paying those fees. Ms. Leonard stated that the resolution can be amended to show that as a resource in the General Fund. Councilor Woodruff moved to accept the Supplemental Budget Resolution with the $3,800 allocated to Solid Waste Fees being put into the General Fund Contingency. Councilor Eder seconded, and the motion carried unanimously on a voice vote.
 C. Consideration of Ordinance No. 689, Amending the Waldport Municipal Code (Solid Waste Ordinance): Councilor Woodruff moved to read Ordinance No. 689 by title only for the first and second readings. Councilor Eder seconded, and the motion carried unanimously on a voice vote. Mayor Beckstead read the ordinance twice by title only. Councilor Peterson moved for the adoption of Ordinance No. 689 as read, Councilor Church seconded. The motion carried unanimously on a voice vote.
 D. Other Issues: None.
12. EXECUTIVE SESSION: At 10:03 p.m. the Council recessed into Executive Session, pursuant to ORS 192.660(1)(a): To consider the employment of a public officer, employee, staff member or individual agent. The Council reserved the right to return to Open Session.
13. ACTIONS, IF ANY, FROM EXECUTIVE SESSION: At 10:15 p.m. the Council reconvened into Open Session. Councilor Woodruff moved to instruct staff to sign the City Attorney contract, as amended, with Mr. Dowsett. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
14. GOOD OF THE ORDER: Nothing further.
15. ADJOURNMENT: At 10:16 p.m., there being no further business to come before the Council, Councilor Peterson moved to adjourn. Councilor Welch seconded, and the motion carried unanimously on a voice vote.

Respectfully submitted,
Reda A. Quinlan
City Clerk

APPROVED by the Waldport City Council this 4th day of September, 2003.

SIGNED by the Mayor this 4th day of September, 2003.

Scott Beckstead, Mayor