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CITY COUNCIL MEETING MINUTES

OCTOBER 8, 2015


1. CALL TO ORDER AND ROLL CALL: Mayor Woodruff called the meeting to order at 2:00 p.m. Mayor Woodruff and Councilors O'Brien, Gates, Christenson, Campbell, Cutter and Holland answered the roll. A quorum was present.
2. MINUTES: The Council considered the minutes from the August 13 Council meeting and the meeting summary from the September 10-12 Open Space Charrette meeting. Councilor Cutter moved to approve the minutes as presented. Councilor Gates seconded, and the motion carried unanimously.
3. PUBLIC COMMENTS/PRESENTATIONS:
 A. Presentation by My Sister's Place: Ceci Pratt addressed the Council regarding Domestic Violence Awareness Month and the role of My Sister's Place in supporting victims of domestic violence, sexual assault and dating abuse.
 B. Proclamation - Domestic Violence Awareness Month: Mayor Woodruff signed the proclamation.
 Tom Cropper addressed the Council regarding the recent school shooting in Roseburg, noting that mental illness was not the sole cause of incidents such as this, but other factors such as upbringing also play a role. John Maré addressed the Council on behalf of the Trails Committee, thanking Public Works for the installation of new sturdy bannisters on the Woodland Trail.
4. PUBLIC HEARING - Appeal of Planning Commission Decision for Case File #1-PC-PD-15, Weber Investments LLC Application for Planned Development: At 2:12 p.m. Mayor Woodruff opened the public hearing, calling for bias, conflicts of interest and ex parte contact. Councilor Christenson noted that he had researched the Municipal Code, spoken with his neighbors regarding the application, accompanied his wife to the Planning Commission meetings, and had spoken as a citizen at those meetings, but felt that as a City Councilor he could render an unbiased opinion in the present hearing. Councilor Campbell indicated that he had contact with the appellants, had visited the property and had engaged in conversations regarding the application. Mayor Woodruff noted that she had talked to three Planning Commissioners and had walked the property in question. There were no objections to any member of the Council hearing the appeal.
 City Manager Kemp gave the staff report, noting that this was an appeal of a Planning Commission decision to grant preliminary plan approval for a six-unit planned development to be constructed on 2.36 acres of property off of the Skyline Terrace cul-de-sac. The appellants had cited three main appeal issues: 1) that one of the tax lots in the proposed planned development was a tax lot in an existing subdivision, which they felt would create potential issues of litigation arising from conflicting CC&Rs; 2) that the proposed turn-around for the street failed to meet fire/safety accessibility standards; and 3) that the application had included a variance for a private road to access six houses on three lots, which they felt was in violation of the City's Municipal Code criteria governing private roads.
 Proponents Presentation: Laurie Meredith, Joan Quill and Bernice Barnett read prepared statements into the record. Copies of those statements are included in the permanent meeting records for this meeting. There were no other comments.
 At 3:08 p.m., Mayor Woodruff closed the public hearing and opened the City Council meeting for deliberations.
 Deliberations: Discussion ensued regarding the three points of appeal. It was noted that the City was responsible only for ensuring that CC&Rs were in place for planned developments and subdivisions, not for enforcement of them. With regard to the fire/safety access issues, it was noted that this was a preliminary plan and when the time came for approval of the final plan, the Fire District would be asked to review and approve the engineered drawings prior to granting the request. As for the street standards, it was noted that modifications to the City's Code could be requested as part of a planned unit development. Following discussion regarding street width, parking, the options for sidewalks, curbs and gutters, and the proposed trail for pedestrian access, Councilor Cutter moved to uphold the Planning Commission's decision of preliminary plan approval of The Summit at Waldport Planned Development with a modification to the conditions of approval. The modification was to require a 28' paved drive with allowance for parking on the south side and a 5' asphalt trail on the north side all the way to the end of the hammerhead. Councilor Campbell seconded, and the motion carried unanimously. Consensus of the Council was to have Mayor Woodruff sign the findings once they have been drafted.
5. DISCUSSION/ACTION ITEMS:
 A. Consideration of Petition for Vacation of Dream Harbor Phase 1 Planned Development: A copy of Ordinance No. 758 was distributed to the Council. Hearing no objections, Mayor Woodruff requested that the City Recorder read the ordinance in full into the record for the first and second readings. Councilor Cutter moved to approve Ordinance No. 758 as read. Councilor Holland seconded, and the motion carried unanimously.
 B. Consideration of Adoption of Resolution for Update to Lincoln County Multi-Jurisdictional Natural Hazard Mitigation Plan: Councilor Cutter moved to approve Resolution No. 1205. Councilor Gates seconded, and the motion carried unanimously.
 Due to the lateness of the hour, Agenda Items C, D and E were deferred to the next month's agenda.
6. COUNCIL COMMENTS AND CONCERNS: Councilor Christenson asked if it would be possible to increase the visibility of the median strip at the intersection of Highway 101, Starr Street and Norwood Drive, as it was difficult for drivers to see, especially after dark. Public Works will look at the issue. No other concerns were noted.
7. REPORTS: The written reports from the Public Works Director, City Librarian, City Planner and Code Compliance Officer were included in the packet materials. City Manager Kemp gave a brief report, noting that the design charrette had resulted in a conceptual plan that would serve as a basis for future evaluation. The City has applied for grants for a feasibility study and a master plan for the Industrial Park, and was successful in receiving a State grant for an update to the parks, recreation and trails master plan. Additionally, due to the resignations of Dave Gordon and Brian Egan, there were now two vacancies on the Planning Commission, which would be advertised. Mr. Gordon subsequently passed away, and Mr. Kemp and the City Council expressed their condolences to the family, noting that Mr. Gordon's previous service to the City had included positions as City Attorney, City Manager Pro Tem and most recently as Planning Commissioner.
8. EXECUTIVE SESSION: At 5:00 p.m. the Council adjourned into executive session, pursuant to ORS 192.660(2)(h), to consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed. City Attorney Gintner was present. The topic of discussion was the water tank rehabilitation project. At 5:31 p.m., the Council meeting was reconvened.
9. ACTIONS, IF ANY, FROM EXECUTIVE SESSION: None.
10. ADJOURNMENT: At 5:32 p.m., there being no further business to come before the Council, the meeting was adjourned.
Respectfully submitted,
Reda Q. Eckerman, City Recorder
APPROVED by the Waldport City Council this 12th day of November, 2015. SIGNED by the Mayor this 12th day of November, 2015. Susan Woodruff, Mayor