SEPTEMBER 14, 2006
1. CALL TO ORDER AND ROLL CALL: In the absence of Mayor Beckstead, Council
President Welch called the meeting to order at 2:00 p.m. Council President Welch
and Councilors Kelly, Hanes, Woodruff, Campbell and Church answered the roll.
Mayor Beckstead was excused. A quorum was present.
2. CITIZEN COMMENTS AND CONCERNS: Genie Papas addressed the Council regarding the availability of emergency preparedness kits which are available through the Yachats Fire Station. She noted that the kits would be available at Washington Federal Savings on September 29, as part of their Emergency Preparedness presentation.
3. COUNCIL COMMENTS AND CONCERNS: Councilor Woodruff reported on the Homelessness Summit she had attended, noting that Waldport may not have an issue with homelessness, but there is definitely a need for low-cost housing. A committee has been formed to review the issue, and the City will be updated as the process continues. Councilor Kelly complimented the South County News on the improved detail in the police blotter.
4. MINUTES: The Council considered the minutes from the August 3, 2006 meeting. Councilor Campbell noted he was not present at the meeting, and moved to amend Page 3, line 7 to strike his name. Council President Welch seconded, and the motion to amend carried unanimously on a voice vote. Councilor Woodruff then moved to approve the minutes as amended. Councilor Campbell seconded, and the motion carried unanimously on a voice vote.
Ms. Leonard noted that Item 10(A) had been withdrawn from the agenda.
5. PUBLIC HEARING(S): Council President Welch opened the public hearing on the appeals of Case File 3-PAR-06 and 4-PAR-06. He asked for declarations of bias, conflict of interest, or ex parte contact. None were declared. There were no objections announced from the public as to any councilor’s participation in the hearing.
Staff Report: City Planner Lewis explained this was an appeal of a Planning Commission decision to uphold an administrative action to grant tentative approval to two partitions. The case files would be considered together, as they are exactly the same except for the tax lot numbers, the square footage of the lot areas, and the case file numbers. Only one case file was included in the Council packet. Mr. Lewis reviewed his memorandum, contained in the packet materials. Councilor Woodruff asked about the ramifications of a subdivision vs a partition. Mr. Lewis responded that the difference is the number of parcels that would be created - a partition is two or three parcels, a subdivision would be four or more. Discussion ensued regarding future development of the property and access to the lots. Mr. Lewis noted for the record that two letters of testimony had been received and distributed to the Council, one in support of the partition applications and one in support of the appeal. Councilor Hanes asked about the criteria for tentative approval, and Mr. Lewis responded that development would have to be in accordance with the provisions of the existing zone and the land division process. One condition is that road access is required for each lot, and legal access for both roads and utilities must be proven before final approval can be given. Ms. Leonard noted that the City does have the authority to remedy access issues in general by establishment of eminent domain. This would only be considered if it is in the public’s interest. Councilor Church stated that the issue before the Council was to consider the appropriateness of the Planning Commission decision, not to review the application itself.
Appellant’s Presentation: Genie Papas addressed the City Council, noting that none of the Township 13 board members were available as they either were working or out of town. She explained that the concern was in regard to access because the two lots are landlocked property. Township 13 was not opposed to further development, but wanted that property to be developed as a subdivision and a part of Township 13. Councilor Woodruff clarified for the record that Township 13 was not opposed to further development, and Ms. Papas confirmed. Councilor Hanes asked why Township 13 was so opposed to the granting of tentative approval. Ms. Papas reiterated the concern regarding access to the property. George Sisikin addressed the Council, noting that he felt the Council should consider both sides of the argument, without showing favoritism. Further discussion ensued regarding the access to the property and the process for tentative approval. It was noted that Township 13 could request notification as the conditions of tentative approval are completed. Pete Leaor stated that Township 13 does welcome development of the two lots, as long as the applicant joins the Association. He was sure the applicant was a good builder, and felt the roads and sidewalks would look nice.
Applicant’s Presentation: Joseph Vandehey addressed the Council, explaining that he had decided on a partition because his construction company is comprised of 3 employees and it would be difficult to develop more than 4 lots a year. He felt that the Planner and the Planning Commission were correct in their interpretation of the land division requirements. Mr. Vandehey stated that he would be willing to talk to the president of the Township 13 Homeowner’s Association, Ms. Mugnai, about joining the Homeowner’s Association. Pete Leaor apologized to Mr. Vandehey for the negative reaction from Township 13, but felt that the reaction was understandable. He reiterated that he believed Township 13 was not opposed to development as long as the developer became a member and paid the dues. Mr. Sisikin asked that the feelings from Township 13 be taken into consideration as the Council deliberated.
Deliberations: Councilor Kelly stated he could not believe that Mr. Vandehey would purchase the property without some understanding regarding access. He noted the concern seemed to be impact of the construction on the private roads, and if Mr. Vandehey joined the association, that might solve the problem. Councilor Hanes asked about the comment in the appeal about “entire infrastructure” and wondered what the difference was. Mr. Lewis responded that he had the impression that Township 13 understood there may be a difference in the requirements for a partition, hence the comment. Councilor Campbell asked if Township 13 is a legal, recognized name, Mr. Lewis responded affirmatively. In response to a query from Councilor Woodruff, Mr. Lewis noted that the two tax lots in question were originally recognized as part of Township 13 as Phase 3, but those plans expired and those lots no longer had the designation. Mr. Lewis referred to the City Attorney’s memo regarding the fact that it was up to the applicant to prove to the City’s satisfaction that legal access to the property was available, and confirmed that alternate access to the property would be extremely difficult, if not impossible. Councilor Kelly asked if Mr. Vandehey could agree to abide by Township 13's CC&R’s without actually joining the Association, and Mr. Lewis responded that could happen, but questioned whether that would be something the City would be involved with. Councilor Woodruff suggested the Council consider adding the geotech requirements, and Mr. Vandehey indicated he was not opposed to the requirements. Councilor Woodruff then moved to deny the appeal and uphold the Planning Commission decision of tentative approval with revised conditions, to include the legal right to provide access and utilities to be determined by a third party and the requirement for a site specified geotechnical analysis prior to design and construction of roads and utilities. This was specified to apply to both Case File 3-PAR-06 and 4-PAR-06. Councilor Church seconded. Councilor Kelly clarified that the tentative approval is valid for two years, and that within that time the applicant has to have an uncontested decision of legal access before final approval is granted. Councilor Hanes noted that this is only a tentative approval, not a final approval. She stated a number of things have to be done before final approval can be granted, and hoped there was a way the Association could work with the developer to the betterment of both parties. The motion then carried unanimously on a voice vote. Mr. Lewis noted that the Findings and Conclusion would be prepared for Council President Welch’s signature the following day.
6. STAFF REPORTS:
A. Sheriff: Deputy Bruster noted that 11 tickets had been issued in the recent pedestrian “blitz”, and informed the Council that a seatbelt “blitz” was upcoming. He is continuing to work on the traffic speed issue, and reported that he had recently tagged 15 abandoned vehicles and 11 have disappeared so far. He then spoke regarding the DUII problems and noted he is working with the local taverns to educate servers and encourage compliance.
B. City Manager: Ms. Leonard reported that the City Attorney is working on ordinance language for nuisance abatement. Council President Welch clarified that this is to correct egregious problems, but that the City was not in the business of “beauty policing”. Ms. Leonard noted that money had been put aside in the budget to help beautify Keady Wayside, she has met with 3 landscape architects who will be submitting proposals for the Parks Committee to review.
C. Public Works Superintendent: Mr. McClung reported that all paving projects were near completion and should be done in two weeks. The City had received a proposal to do 411 feet of sidewalk on Cedar Street, which would go from the intersection of Crestline down around the blind corner to the first driveway. This was the worst section of the street for pedestrians. The project should happen in the next couple weeks, and would take four or five days to complete. The new roof on the Water Treatment plant was near completion, and Mr. McClung noted the excellent paint job by Angell Job Corps. The speed monitor reports would be left in the Council chambers for review, and Mr. McClung noted that the reports indicate speeding has increased on Crestline since school has started. Bid opening for the Lagoon project had resulted in two bids, ranging from $272,600 to $297,215. This was over the engineering estimate, but still workable. The project should get underway shortly, as soon as the bids have been reviewed and approved. Councilor Church asked about progress on the request to move the 45 MPH speed sign further south on Highway 101, and Mr. McClung responded that he had called several times but the calls have not been returned. He will continue to pursue the issue. It was noted that another issue had to do with the 45 MPH sign near McKinley’s Marina entrance, since the entrance has been moved further east it was suggested the sign be moved as well. Mr. McClung noted he would ask about this as well.
7. COMMITTEE REPORTS - CIF: Council President Welch noted that the next meeting would be the Lincoln County Candidate’s Forum at the Community Center on September 28 at 7:00 p.m.
Council President Welch noted that the minutes of Public Safety Committee meeting had been distributed separately. He felt it had been a productive meeting.
8. INFORMATIONAL ITEMS: The Council considered the Library minutes and Circulation report. No action was necessary.
9. CONSENT CALENDAR: The Council considered the Consent Calendar, which consisted of a proclamation for the “Cruzin’ for Crab” Festival. Councilor Church moved to approve the Consent Calendar. Councilor Woodruff seconded and the motion carried unanimously on a voice vote.
10. DISCUSSION/ACTION ITEMS:
A. Bayview MHP Request for Exception to Solid Waste Franchise: Withdrawn.
B. Consideration of Asphalt Extension on Range Drive for Pedestrian Walkway: It was explained that the widening would be similar to what had been done on Crestline Drive. Councilor Church noted that there are certain places along Range Drive where pedestrians are definitely in the way of the drivers. Ms. Leonard noted that the City hoped to put in sidewalks at some point, using Urban Renewal monies, but that would not happen for a few years. Councilor Church moved to approve the asphalt extension, not to exceed $4520. Council President Welch seconded. Ms. Leonard confirmed that the money is in Contingency, and that still leaves enough for paving Range and Crestline hext year. Councilor Woodruff asked if this would have to be removed when the sidewalks are installed, and Mr. McClung indicated that it would just be part of the foundation for the sidewalks. The motion then carried unanimously on a voice vote.
C. Budget Resolution: Ms. Leonard noted that the Resolution would be amended to reflect the Council’s previous action. Capital Outlay in the Street Fund would be increased to $24,520, and Contingency would be reduced by $24,520. Councilor Hanes moved to approve the amended Resolution 1099. Councilor Church seconded. He stated that the grant from the Siletz Tribe has contributed greatly to the Library remodel project, and the work should start on the 18th of September. The motion carried unanimously on a voice vote.
D. Other Issues: Ms. Leonard noted that the ODOT agreement had been inadvertently omitted from the agenda, but had been distributed separately. The benefit to the City is that although the costs of the project have gone up, money has been located at a no-match cost. Also, any changes over and above the grant will be split 50/50. This would cover cost overruns for things that are included in the project. Councilor Woodruff moved to approve the agreement. Councilor Campbell seconded, and the motion carried unanimously on a voice vote.
11. GOOD OF THE ORDER: Councilor Hanes requested that the Traffic and Public Safety Committee receive copies of the traffic monitor report.
Councilor Campbell asked if the paving for the South Sewer project had been resolved. Mr. McClung responded that they anticipated the sinking due to the softness of the underlayment, which is why the paving will occur next year, and the City will probably do some of the repair work.
12. ADJOURNMENT: At 4:15 p.m., there being no further business to come before the Council, the meeting was adjourned.
Reda A. Quinlan, City Clerk
APPROVED by the Waldport City Council this 12th day of October, 2006
SIGNED by the Mayor this 12th day of October, 2006
Scott Beckstead, Mayor
SEPTEMBER 21, 2006
1. CALL TO ORDER AND ROLL CALL: In the
absence of Mayor Beckstead, Council President Welch called the meeting to order
at 2:00 p.m. Council President Welch and Councilors Kelly, Campbell and Church
answered the roll. Mayor Beckstead and Councilor Hanes and Woodruff were
excused. A quorum was present.
2. DISCUSSION/ACTION ITEMS:
A. Acceptance of Bids for the Waldport Facultative Sludge Lagoon Repair Project: Ms. Leonard explained the purpose of this meeting was to officially accept all the bids for the lagoon repair project, and then award the bid to the appropriate bidder. Additionally, the City must also accept the resume’ of the engineer who will be the resident inspector. Following a brief discussion, Councilor Church moved to accept all bids. Councilor Campbell seconded, and the motion carried unanimously on a voice vote. Councilor Kelly moved to approve sending the Notice of Intent to Award to Banzer Construction in the amount of $272,600 contingent upon the approval of Rural Development and legal counsel. Councilor Campbell seconded, and the motion carried unanimously on a voice vote. Councilor Campbell moved to authorize sending the Notice of Award to Banzer Construction after the 7-day protest period expires, as long as no protests are received. Councilor Church seconded. The motion carried unanimously on a voice vote. Councilor Campbell moved to accept Joe Goette as the Engineering Resident Inspector. Councilor Church seconded, and the motion carried unanimously on a voice vote.
B. Other Issues: None.
3. ADJOURNMENT: At 2:14 p.m., there being no further business to come before the Council, the meeting was adjourned.
Reda A. Quinlan, City Clerk
APPROVED by the Waldport City Council this
12th day of October, 2006
SIGNED by the Mayor this 12th day of October, 2006
Scott Beckstead, Mayor