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CITY COUNCIL MEETING MINUTES

JUNE 9, 2016


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, Christenson, Campbell and Holland answered the roll. Councilors Gates and Cutter were excused. A quorum was present.
2. MINUTES: The Council considered the minutes from the May 12 Council meeting. Councilor Holland moved to approve the minutes as presented. Councilor Christenson seconded, and the motion carried unanimously on a voice vote.
 Noting the presence of representatives from Dahl Disposal, Mayor Woodruff moved agenda item 5(C) up to accommodate them. It was explained that the proposed increase was the second phase of the previous year's approved rate adjustment, they were not looking for any additional increase. Following a brief review of the improvements that have taken place in the last year and the pilot program for green waste that has been implemented in Yachats and hopefully countywide in the near future, consensus of the Council was to confirm the rate adjustment.
3. PUBLIC COMMENTS/PRESENTATIONS: None.
 As Sheriff Landers was present, agenda item 5(D) was moved up on the agenda. The Council welcomed newly appointed Sheriff Curtis Landers, who gave a review of the changes in the department, including getting records management back in line for monthly reports. He expressed appreciation to Mayor Woodruff for her participation in the recent sergeant promotional assessment center, and mentioned that Deputy Ballentine had been promoted as part of that process.
 City Manager Kemp noted that the contract with the Sheriff's Department had been in place since 1997, but the most recent iteration had expired in June of 2015. The new agreement does not include an end date, but the City would have an annual option to terminate, and either party would have the option to terminate at any time with a 60-day notice. Councilor Holland moved to approve the contract. Councilor O"Brien seconded, and the motion carried unanimously on a voice vote.
 The Council took up the issue of the recreational marijuana tax (agenda item 5(E)). City Manager Kemp noted that the Council had previously adopted an ordinance to allow for assessing a tax on recreational marijuana, and a resolution setting the tax amount at zero percent. This was done prior to the legislation allowing recreational marijuana, as a place-holder and a means of showing intent. Subsequent legislation dictated that if a city wishes to impose a tax, it must put the question to the voters in a general election, which is held only in even-numbered years. Staff will draft an ordinance to bring to the July Council meeting for consideration. There is no restriction on the use of tax receipts, and City Manager Kemp recommended that the use of the revenue be determined during the annual budget process rather than identifying it in the ballot measure, to allow for more latitude in utilizing the monies. He cautioned that if a statement is made that the revenue will be used for law enforcement, for example, then that would be the only purpose for which it can be used.
4. PUBLIC HEARINGS:
 A. State Revenue Sharing: Mayor Woodruff opened the public hearing on State Revenue Sharing. There were no comments. Mayor Woodruff then closed the public hearing.
 B. City of Waldport Budget for FY 2016-2017: Mayor Woodruff opened the public hearing on the City of Waldport Budget for FY 2016-2017. There were no comments. Mayor Woodruff then closed the public hearing.
 Dawna Conley asked about uses for marijuana tax revenue and the citizen process for input in general. It was noted that at present there is no estimation of the amount of revenues to be received from the marijuana tax, and as previously noted, this could be an annual decision of the budget committee. Some discussion took place regarding the possibility of having citizen comments later in the agenda.
 At 2:43 p.m., the Council meeting was recessed to take up the agendas for Urban Renewal and Road District #3. At 2:47 p.m., the Council meeting was resumed.
 The Council took up consideration of the budget resolutions. Councilor Campbell moved to approve Resolution No. 1209 for State Revenue Sharing. Councilor Christenson seconded, and the motion carried unanimously. Councilor Campbell then moved to approve Resolution No. 1210, adopting the budget for FY 2016/2017. Councilor Christenson seconded, and the motion carried unanimously. City Manager Kemp reviewed the explanatory memo accompanying Resolution 1211, and Public Works Director Andry explained the decision to proceed with the purchase of a new excavator, noting that the cost through the state procurement contract was comparable to the price of a used excavator with no warranty. Councilor Holland moved to approve Resolution 1211, Councilor Christenson seconded, and the motion carried unanimously.
 C. Amendment of Municipal Code Section 16.28 (Retail Commercial Zone C-1): Mayor Woodruff opened the public hearing on the proposed amendment. There were no public comments. Mayor Woodruff closed the public hearing and opened the Council meeting for deliberations. She noted she was somewhat concerned about the limitation of 50% of the floor space being devoted to manufacturing. Commissioner Barham was present at the meeting and indicated that the Planning Commission had not engaged in much discussion over the percentage of space. City Planner Lewis explained that the intent for retail commercial zoning is that retail sales would be the primary purpose of a business in that zone, and without some sort of limiting factor, there may be difficulty in adhering to that purpose. Following further discussion, Councilor Campbell moved to approve the proposed amendment. Councilor Holland seconded, and the motion carried unanimously. An ordinance adopting the amendment will be presented at the July Council meeting.
 D. Amendment of Municipal Code Section 16.32 (General Commercial Zone C-2): Mayor Woodruff opened the public hearing on the proposed amendment. There were no public comments. Mayor Woodruff closed the public hearing and opened the Council meeting for deliberations. City Planner Lewis noted that the change to the C-1 regulations would also allow the limited manufacture of retail goods in conjunction with retail sales in the C-2 zone. However, processing or packing of goods in the C-2 zone is limited to food and beverage, and prohibits fermentation and distillation, and packing and processing of non-food and non-beverage items is not currently permitted. The Planning Commission had reviewed this and determined that small-scale breweries and/or distilleries may be a desirable use in this zone, and that allowing processing and/or packing of goods in general would be an appropriate use, as long as there was no negative impact on surrounding properties. They had proposed deleting distillation and fermentation from the exclusions in the outright permitted uses, and adding a conditional use provision for the processing and packing of non-food items. Councilor Campbell moved to approve the proposed amendment. Councilor Holland seconded, and the motion carried unanimously. An ordinance adopting the amendment will be presented at the July Council meeting.
 E. Proposed Zone Change and Comprehensive Map Amendment for Tax Lot 801 on Lincoln County Assessor's Map 13-11-19AD (Former Public Works shop): Mayor Woodruff opened the public hearing. Sherrie Smolen addressed the Council regarding the concerns expressed by the Planning Commission about the potential uses that would be allowed in a C-2 zone as opposed to a C-1 zone. There were no other public comments. Mayor Woodruff closed the public hearing and opened the Council meeting for deliberations. Councilor Christenson asked about the necessity for changing the zoning at all and wondered if the City would have any control over the use of the property once it was sold. City Manager Kemp noted that it would be possible to place restrictions on the property in either a land lease or sale. Following further discussion, Councilor Campbell moved to change the zoning to C-1. Councilor Holland seconded, and the motion carried, with Mayor Woodruff and Councilors O'Brien, Campbell and Holland voting "Aye", Councilor Christenson voting "Nay". An ordinance adopting the zone change and comprehensive map amendment will be presented at the July Council meeting.
5. DISCUSSION/ACTION ITEMS:
 A. Budget Resolutions: Previously addressed.
 B. Certificate of Appreciation for Sheriff Dennis Dotson: Consensus of the Council was to approve the certificate, which will be presented to retired Sheriff Dotson.
 C. Consideration of Dahl Disposal Fee Adjustment: Previously addressed.
 D. Intergovernmental Agreement with Lincoln County (Police Services): Previously addressed.
 E. Recreational Marijuana City Tax: Previously addressed.
 F. Other Issues: None.
6. COUNCIL COMMENTS AND CONCERNS: Councilor Campbell reported that the recent Fireworks fundraising dinner had brought in over $2200. Mayor Woodruff brought up the subject of the Council meeting time. Discussion ensued regarding the pros and cons of night meetings vs afternoon meetings. No action was taken.
7. REPORTS: Written reports from the City Manager, City Librarian, City Planner and Code Compliance Officer were included in the packet materials. City Manager Kemp noted that there have been recent reports of gasoline thefts in the area. He also reviewed the code provisions the City currently has with regard to vagrancy and transients. Consensus of the Council was to have staff research possible rules for parks and open spaces with regard to posting hours of operation. One additional item which needed to be addressed was a letter of support for the City's Transportation System Plan application. Consensus of the Council was to have Mayor Woodruff sign the letter.
8. EXECUTIVE SESSION: At 3:55 p.m. the Council recessed 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. The topic of discussion was the water tank rehabilitation project.
9. ACTIONS, IF ANY, FROM EXECUTIVE SESSION: At 4:12 p.m. the Council reconvened into Open Session. Councilor Holland moved to proceed with the termination of the contract pursuant to the letter of December 14, 2015. Councilor Campbell seconded, and the motion carried unanimously.
10. GOOD OF THE ORDER: Nothing further.
11. ADJOURNMENT: At 4:15 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 14th day of July, 2016.
SIGNED by the Mayor this 14th day of July, 2016.
Susan Woodruff, Mayor