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CITY COUNCIL MEETING MINUTES

SEPTEMBER 4, 2003


1. CALL TO ORDER AND ROLL CALL: Mayor Beckstead called the meeting to order at 7:00 p.m. Mayor Beckstead and Councilors Abbott, Woodruff, Welch, Eder and Church answered the roll. Councilor Peterson was excused. A quorum was present.
2. CITIZEN COMMENTS AND CONCERNS: Toni Rolfe from Norwood Heights, addressed the Council regarding "sidewalk sales". She expressed concern about the origin and quality of the goods for sale, and wondered if background checks were done on itinerant businesses. Additionally, she was concerned about the fact that it appeared some were camping overnight in the parking lot. Councilor Woodruff confirmed that the business in question did have a transient business license. As for the parties sleeping overnight in the RV's on the lot, the Sheriff's department needs to be notified.
 Dan Smith addressed the Council regarding a concern about a bike/pedestrian lane on Crestline Drive, especially for older people and people who require mobile devices to get around. Mayor Beckstead referred to Mr. McClintock to provide an update on the work being done. Mr. McClintock noted that Crestline Drive will be widened and a bicycle/pedestrian lane provided, with the work to begin soon. Another project that will start in a couple weeks will be a sidewalk installed on Cedar going up the hill.
 Leta Haslett asked about the Franchise Discussion, and Mayor Beckstead offered to move up the issue on the agenda to accommodate them; she would be allowed to address the Council at the time they took up the issue.
 Jerry Hughes addressed the Council about the Youth Center, reporting that they now have a new television set, obtained at cost from True Value, and Mr. McClintock assisted in the installation. A casting machine has been donated, with another on the way, and a kiln has been donated for the pottery program, although they do need to have 220 installed before it can be utilized. There are ongoing classes in pottery and lapidary, and the kids appear to be very enthused about the offerings.
 Alan Canfield, from Norwood Heights, addressed the Council regarding the activities of the Citizen's Patrol. They are checking doors at the downtown businesses, and Mayor Beckstead suggested contacting the Chamber about a list of contact telephone numbers. Mr. McClintock volunteered to attend the upcoming CPR training on October 8 so that the Patrol can use the Council Chambers for the training.
 Cynthia Karp, 1125 Crestline Drive, addressed the Council with a concern about low-flying helicopters, and wondered if the City Council could take any position on the issue. She has found that there are few regulations regarding the height of the flights, unlike the fixed wing planes. Discussion ensued. Mayor Beckstead stated that he was not aware if the Council had any authority in this regard. Following further discussion, it was determined that the City Attorney could render an opinion and the Council could then discuss the issue at the October meeting and decide whether to take a position.
3. COUNCIL COMMENTS AND CONCERNS: Mayor Beckstead indicated he had attended a meeting of the Steering Committee of the Community Partnership for the Ford Foundation Grant, and felt it to be an exciting prospect for the community. He will be working on developing city government opportunities for middle/high school students, and encouraged the Council to come up with additional ideas.
 Cable Franchise Fee Discussion: Leta Haslett addressed the Council, and read her prepared statement. She noted that the franchise fee is limited to a maximum of 5%, and that the FCC was very definite in how the fees were to be used. Ms. Leonard confirmed that by previous Council action, all franchise fees go into the Public Safety Fund to be used for street lighting, the tsunami warning system, and law enforcement services. Mayor Beckstead asked about the conclusions from the Finance and Administration Committee, and Councilor Woodruff responded that, according to a survey by the League of Oregon Cities, 70% of the cities in Oregon currently charge 5%, including most of the cities on the coast. She also noted that as each franchise comes up for review, the fees will be considered for increase. Ms. Leonard noted that a 1% increase would raise the average Charter Cable basic structure userís bill by 17 cents per month. If the 5% increase were implemented, it would increase the revenue from those fees by about $4500 per year. Mayor Beckstead asked if the Hasletts would pass the increase on to the consumers, and Mr. Haslett responded affirmatively, noting that it will probably mean that all of the franchise fee will be borne by the consumer, rather than being paid by the franchisee as is currently the case. Ms. Leonard reported that revenue to the City has been decreasing slightly, despite the cable companiesí increases in rates, and Mr. Haslett noted that cable television is evolving into digital communications, and that satellites do not pay franchise fees as they do not use the rights of way. Councilor Church suggested that expenses be reduced, rather than increasing rates, and also felt these types of issues should come to the full Council in a workshop session, rather than being discussed by a committee. In response to a question from Councilor Welch, Ms. Leonard confirmed that costs in public safety have increased. Staff will check out the FCC requirements, and will ensure that the City conforms to those requirements. Ms. Leonard noted that the issue was on the agenda for discussion and that action would take place at the next meeting. Further discussion ensued. Mayor Beckstead announced that he had no inclination one way or another about whether the fees should be raised, but did have a deep appreciation for the work that the Hasletts have done in the past, taping and showing Council meetings. Further discussion ensued. Councilor Welch expressed a concern that Mr. Haslett had only taped the portion of the meeting during which Ms. Haslett was speaking, and Mr. Haslett responded that he had chosen a used tape by mistake, which only had a small portion remaining. Mayor Beckstead asked if Mr. Haslett would be willing to consider taping meetings in the future, irrespective of the outcome of the franchise fee, and Mr. Haslett responded he was always ready to "come to the table". Consensus of the Council was to entertain the proposed ordinance at the October meeting. They thanked the Hasletts for coming.
4. MINUTES: The Council considered the minutes from the August 7, 2003 meeting.  Councilor Woodruff moved to approve the minutes as presented. Councilor Eder seconded, and the motion carried unanimously on a voice vote.
5. PUBLIC HEARINGS: None.
6. STAFF REPORTS.
 A. Sheriff: No report.
 B. City Administrator: Ms. Leonard noted that a resignation letter had been received from Bruce Thompson, and suggested that the Economic Development Committee report might be a good time to discuss the future of that committee. The auditors were here last week, and Ms. Leonard stated that the auditors had very favorable comments during the exit interview. She reported that ODOT had recently changed the process for designation of STAís, and the City had responded with a letter that we would like have the area from the bridge to the seawall and two blocks east on Highway 34 to be considered. This will allow for more flexibility in what can be done in the area in regard to issues such as traffic slowing and provide additional opportunity for grant funding. At the behest of the Chamber, Ms. Leonard invited the Council to participate in the "Cruziní for Crab Festival" on September 6 from 10:00 a.m. to 4:00 p.m.
 C. City Attorney: No report.
 D. Public Works: Mr. McClintock reported that the new system is on-line on Eckman Creek and is working well. The project is almost entirely complete, and everyone in Waldport that is served by Waldport water is now getting finished water. The City has received final approval on the combined points of diversion, and Mr. McClintock reported that the City has in excess of 3M GPD available with all water sources excluding Southworth Creek. Foundation Engineering has done a recommendation for the berm, and the City is looking at emptying the lagoon and installing an impervious membrane. This project will probably need to take place next spring or summer because it requires dry weather. The scheduled streets are almost completed, and the sidewalks should be installed in a couple weeks. Mr. McClintock reported that the Bicycle Program through ODOT will provide the money for the sidewalk along Highway 34. The only stipulation is that a railing will need to be installed on the ditch side. The City has tentative approval for the bulb-outs on Highway 34, the engineers are looking at some proposals and the City should have an idea of design and price in the next two weeks. Mr. McClintock praised the efforts of the OYCC crew in improving the Lint Slough Trail. Councilor Welch noted the Youth Center was in need of 220 wiring for the kiln, and Mr. McClintock responded that this would be taken care of.
 E. City Planner: The written report was in the packet materials.
7. COMMITTEE REPORTS:
 A. Finance and Administration: Councilor Woodruff noted that all their recommendations were on the agenda. Mayor Beckstead reported that he was continuing to receive comments on the proposed skateboard ordinance and should have a report ready by their next meeting on September 24.
 B. Infrastructure Planning: No meeting held.
 C. Traffic & Public Safety: No meeting held.
 D. Parks and Recreation: Councilor Woodruff noted that the next meeting will take place on September 23 at 6:00 p.m., and would be a combined COG (Parks District and Master Plan) and Parks Committee meeting.
 E. Economic Development Committee: Councilor Woodruff commented as Vice-Chair that the mandate from the council appeared to be finished for the time being, and suggested that a meeting might need to be called to get the input on what they would like to do next.
 F. SCLIG: Councilor Abbott reported that there had been a meeting the previous month, dealing with the condition of Highway 101 and what ODOT had planned, and noted that ODOT was anticipating an overlay to the county line in the next couple of years. It also appeared that there was some confusion over the sea wall as to whose jurisdiction it belonged. He also reported that representatives from both Darlene Hooley and Peter DeFazioís offices were looking at the utilization of the Forest Service buildings.
 G. Community Youth Report: Previously discussed.
8. CONSENT CALENDAR: The Council considered the following: City Engineer bill, City Attorney bill, and a proclamation for the Wednesday Farmerís Market. Councilor Woodruff moved to approve the Consent Calendar. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
9. CORRESPONDENCE: The Council considered the following items: A letter from St. Anthonyís Church, requesting a street closure; and a letter from the Board of Commissioners, confirming the joint meeting date on October 10. Mayor Beckstead moved to grant the requested street closure for the parish picnic on September 20, Councilor Welch seconded, and the motion carried unanimously on a voice vote.
10. INFORMATIONAL ITEMS: The Council considered the following items: CIS Property/Liability Invoice, and Grant Status report. Ms. Leonard confirmed that there had been a generic rate increase in insurance coverage, unrelated to any specific incident.
11. DISCUSSION/ACTION ITEMS:
 A. Consideration of Resolution Setting Bulk Water Rate: Councilor Woodruff explained that this had been discussed at Finance and Administration and the recommendation from the Committee was to approve the resolution. Councilor Woodruff then moved to approve Resolution No. 1048, Councilor Abbott seconded, and the motion carried unanimously on a voice vote.
 B. Consideration of Resolution Amending Council Rules: Councilor Woodruff explained that this resolution was to assist in clarifying how a councilor obtains "consent" for absences, as required by the Charter. Councilor Church moved to approve Resolution 1049, Councilor Welch seconded, and the motion carried unanimously on a voice vote.
 C. Consideration of Ordinance Amending Section 5.04 of the Waldport Municipal Code: Ms. Leonard explained that this amendment was necessary if the Council wished to include an exemption of business licenses requirements for itinerant merchants for sanctioned events. Currently the Code only allows that exemption for mobile vending units. A brief discussion ensued regarding the previously expressed concerns about itinerant merchants. Councilor Woodruff suggested that the Chamber initiate a dialogue with the City if they felt strongly that itinerant merchants should not be allowed. Councilor Welch cautioned that legal advice should be sought prior to imposing any restrictions or distinctions. Mayor Beckstead indicated that this topic had been the focus of a recent Lions Club meeting, but also noted that he knew of several individuals who had benefitted from the availability of low-cost goods. Councilor Welch moved to read Ordinance No. 690 by title only for the first and second readings. Councilor Abbott seconded, and the motion carried unanimously on a voice vote. Mayor Beckstead read Ordinance No. 690 by title only for the first and second readings. Councilor Welch then moved to approve Ordinance No. 690 as read. Councilor Woodruff seconded, and the motion carried unanimously on a voice vote.
 D. Cable Franchise Fee Review and Consideration of Draft Ordinance: Previously addressed.
 E. Other Issues: None.
12. EXECUTIVE SESSION(s):  Not needed.
13. ACTIONS, IF ANY, FROM EXECUTIVE SESSION: None.
14. GOOD OF THE ORDER: Nothing further.
15. ADJOURNMENT: At 8:58 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 October, 2003.
SIGNED by the Mayor this 2nd day of October, 2003.

Scott Beckstead, Mayor