July 11, 2000 Special Meeting
July 11, 2000
JULY 6, 2000
1. CALL TO ORDER AND ROLL CALL: Mayor Lehmann called the
meeting to order at 7:00 p.m. Mayor Lehmann and Councilors Church, Peterson,
Searcey, MacGregor, Moore and Welch answered the roll. A quorum was present.
2. CITIZEN COMMENTS AND CONCERNS: Susan Woodruff, 190 SW
Maple St., addressed the Council in regards to the Maple Street speeding
problem. She had spoken at the Traffic Safety Committee meeting, and mentioned
that the minutes had stated that the Committee was to recommend making Maple
Street a one-way street. She asked that the Council consider the speed bumps as
an alternative to making the street one-way. It was determined that the rest of
the citizens present wished to address the same issue, Mayor Lehmann suggested
that they speak to the issue when it was addressed on the agenda.
3. COUNCIL COMMENTS AND CONCERNS: Mayor Lehmann noted receipt
of a letter from Phil Martensen in regards to Council support of the idea of
moving the weighstation on Highway 101 south of town in order to allow
development of the commercial property in Ocean Hills. Consensus of the Council
was to respond neutrally to the issue. Mr. Dowsett noted that an additional
executive session was required to address labor issues, pursuant to ORS
192.660(1)(d). Councilor Moore suggested that, given the number of people
present to address the issue, the Traffic Safety Committee minutes be moved up
on the agenda. Consensus of the Council was favorable.
Councilor Welch gave a brief review of the minutes from the
Traffic Safety Committee meeting. He noted that there were several suggestions
to address the traffic problems on Maple Street, including the installation of
speed ramps, "grooving" the pavement, making Maple Street a one-way,
or closing the street off. He also stated that another recommendation from the
committee was the installation of a stop sign for west bound vehicles on Hemlock
Street (Highway 34) at the entrance to the Interpretive Center and the
intersection of Maple Street. The third issue which was discussed at length was
in regards to tsunami evacuation and possible problems, and the committee asked
that the Sheriff's Office and the Fire Department look at the issue.
The following persons addressed the Council in regards to the
suggested measures for Maple Street: Julian McFadden, Paula
Estes, John Burnham, Jan Power, Jerry Clark, Sam Staples, Susan and Ray
Woodruff. All of them expressed concern in regards to traffic problems on the
street, particularly speeding and danger to pedestrians and small children. None
of the persons present advocated the suggestion that Maple Street be made
one-way. All those who spoke were in favor of speed bumps or ramps, and several
were in favor of making Maple Street a dead-end street. Mayor Lehmann asked
about the petition circulated by Ms. Woodruff, who indicated that a majority of
the residents on both sides of the street were not in favor of the one-way
street although not all had been contacted yet.
Councilor Welch noted that it may take a while to come to a
consensus on the speed issue, but asked that the Council consider the
installation of the stop sign. He then moved to approve the installation,
Councilor Peterson seconded. A brief discussion ensued. The motion carried
unanimously on a voice vote. The Council invited input from the Public Works
Director and the Sheriff's deputy in regards to the installation of speed ramps.
Mr. McClintock indicated that he did not have a lot of experience in the issue
of speed ramps, but his daughter lived on a street which did have speed bumps
and a posted speed of 20 mph, he indicated that it was difficult to go over that
posted speed. Last time he looked at the premolded recycled rubber ramps, they
cost around $1000 each. Asphalt would be less expensive, but he had not yet
researched the actual cost. Lt. Stallard indicated that he had seen speed ramps
used effectively to slow down vehicles near the high school and other
residential areas in Lincoln City. He indicated that it should not affect their
response to anything in the area, and was more concerned about closing off one
end of the street. He mentioned that increased signage would necessitate
increased patrols until citizens were familiar with the new traffic control
devices. Mayor Lehmann asked about liability for damages to vehicles due to
speed bumps. Mr. Woodruff stated that the City of Portland has experienced no
problem with that issue, as they have installed warning signs and the ramps are
painted. Councilor Church moved to authorize the Public Works department to
install speed ramps and appropriate signage on Maple Street, number and location
of which to be left to their discretion, at a cost not to exceed $1000 per speed
ramp, and to have the Finance and Administration Committee develop a policy.
Councilor Peterson seconded. Discussion ensued regarding whether the policy
should be developed before the devices were installed, other streets which might
benefit from such an application, and the specifications for installation.
Councilor MacGregor moved to amend the motion, to make the approval contingent
on the installation fitting the guidelines which would be developed by the
Finance and Administration Committee. Further discussion ensued. The motion to
amend died for lack of a second. The main motion then carried, with Councilors
Church, Peterson, Welch and Moore voting "Aye", Mayor Lehmann and
Councilors Searcey and MacGregor voting "Nay".
4. MINUTES: The Council considered the minutes from the June
1 and June 22, 2000 Council meetings. Councilor Welch moved to approve the
minutes as presented, Councilor Searcey seconded, and the motion carried
unanimously on a voice vote.
Mr. Dowsett noted the presence of Joan Williams and suggested
that the swearing in ceremony for the Municipal Court Judge be moved up on the
agenda. City Attorney Hammersley administered the oath of office, and the
Council congratulated Ms. Williams on her appointment.
5. STAFF REPORTS:
A. Sheriff: Lt. Stallard was present to answer questions in
regards to the May report. He also distributed a list of calls outside the City
limits which had been addressed by the deputies on duty in Waldport and noted
that some of those responses involved in having to work in other districts for
training purposes, or it was a high priority incident and that deputy was the
closest available, or if the south county deputy is tied up and another officer
could take the telephone call at the office for that deputy. Gridding the call
would show the location of the incident, not the location of the officer
responding to the call. Consensus of the Council was that this report did not
have to be generated every month. Councilor Welch mentioned that he had asked
Deputy Endicott to prioritize the potential response to a tsunami event and
asked Lt. Stallard for his input. Lt. Stallard responded that his concern would
be the possible traffic problems, especially on Crestline, as the traffic would
be headed south. Secondarily, their concern would be to evacuate those who were
unable to leave the area. He also suggested community education in advance of
such an event would be helpful, to ensure that everybody knows what the plan is
and what to expect. Councilor Church commended the Sheriff's department on their
"open door" policy.
B. City Administrator: Mr. Dowsett noted one change on his
status report, as the work session on the water report was rescheduled for 4:00
on the 11th. Councilor Searcey mentioned that the beavers were back, Mr.
McClintock indicated that he would address the water pipe issue as soon as
possible. Mr. Dowsett was meeting at 8:30 a.m. on the 14th of July with Terri
Black from the RARE program, and asked that the Public Works Director, members
of the Council and the Mayor be available for input, along with the Planner, Ms.
Vagenas, and Mr. Balen from the Planning Commission. He noted that a letter had
been received from Ocean Hills in regards to permission to mow the entrance to
the subdivision. He noted that the City's response was that the property was
either 101 right-of-way or private property. Consensus of the Council was to
have Mr. Dowsett respond accordingly. Mr Dowsett mentioned that he had received
a copy of a resolution from the City of Toledo in response to the proposed
Intergovernmental Agreement, and would distribute copies to the Council. In
regards to a memo from the League about elected officials involvement in
initiative petitions, he noted that City staff had a publication available which
addressed the potential problems. Mr. Dowsett noted that he would be out of the
office from the 19th to the 21st for ongoing education, which would be paid for
by the City of Yachats.
C. City Attorney: Mr. Hammersley noted that he had received
an order from Judge Branford in regards to the Sagaitis lawsuit. He has ruled
that his opinion was that one or more of the lenders should be included as a
defendant. Mr. Sagaitis would have to file an amended complaint and join the
lenders. Mr. Hammersley's intention was to object to the previously filed
amended complaint which did not specify the lenders. He indicated that there
were several other issues which he would address as they came up on the agenda,
as well as items to be addressed in executive session. Councilor Moore asked
about the City Attorney's role in bankruptcy matters. Mr. Hammersley responded
that when the City had a claim in an asset bankruptcy case, a proof of claim
needed to be filed and communication established with the person's attorney in
order to maintain the status of the current bills. The City Attorney would only
be involved if it was an asset bankruptcy and a substantial amount of money due.
Councilor Welch mentioned that he had gone through the Rocky Creek Resolution
and proposed additional clarifications.
D. City Engineer: The Council considered the written report
in the packet materials.
E. Public Works Director: Mr. McClintock noted that a title
transfer needed to be done for the 1988 Chevrolet pickup, the high bid was
$1,500. Councilor Moore moved to authorize the City Administrator to sign the
title, Councilor Church seconded, and the motion carried unanimously on a voice
vote. The sole bid for the asphalt work was $47.95 per ton from Road and
Driveway. Mr. McClintock noted that the date for the installation of the tsunami
siren was July 17, 2000. He gave a brief update of the progress of the work on
the stormdrain project in Old Town and anticipated the project would be
completed in approximately four weeks. Councilor Moore asked about the status of
the Golf Course pump station. Mr. McClintock indicated a recent request for a
portion of the retainage had been received, but the City would not release any
of the retainage until the controller was performing satisfactorily. Pacific
View Street improvements would begin in a couple of weeks. Councilor Peterson
suggested that the City obtain a contractor to install the additional building
near the public works shop, as the public works crew might well be occupied
through the building season. Mr. McClintock indicated that he had not budgeted
outside contract work to erect the building, but he would look at the issue with
the City Administrator and ascertain if there was money available in the budget.
F. City Planner - None
6. COMMITTEE REPORTS:
A. Finance and Administration: Councilor Searcey mentioned
that the draft minutes were in the packet and would be approved at the next
meeting on Tuesday, June 11. She noted that the Senior Center floor would
continue on the status report, as the Public Works Director had not yet had a
chance to look at it.
B. Infrastructure Planning: Councilor Moore stated that the
final report from Bartlett would be emailed to the City on Friday, and he asked
that staff forward the email when it was received.
C. Parks & Recreation: Mayor Lehmann noted that a
proposed resolution was distributed to the Council in regards to applying for
the grant for the Keady Wayside project, as the Port could not apply. Councilor
Searcey moved to approve Resolution 958, Councilor Church seconded. The motion
carried unanimously on a voice vote. Mayor Lehmann mentioned that Mr. McClintock
had looked at the possibility of selectively cutting some of the trees on the
City's property, but that the City was not considering "clear-cutting"
any property. In addition, there was property available on Rebel Road which
could potentially be sold and the proceeds put into the park development fund.
Councilor MacGregor asked that the Committee consider a park for children as
well. Mayor Lehmann responded that the Crestline Park area and the other 15
acres could be developed but it would require money to do so, which is one
reason they were proposing to sell one of the pieces of property. Mayor Lehmann
suggested that the Council look at the Rebel Road property and have Mr. Dowsett
research easements and procedures for going about the sale. Mr. Dowsett
indicated that the process will probably require calling the property surplus
and having a public hearing. Mayor Lehmann also gave a brief overview of the
"Art on the Avenue" project from Wenatchee. The Parks Committee would
like to pursue a similar idea, called "Art in the Parks" and
requisition five pieces. Councilor Searcey moved to authorize the Parks
committee to start the project. Councilor MacGregor seconded, and the motion
carried unanimously on a voice vote.
In regards to the plans for Keady Wayside, Councilor Moore
asked about the architectural drawings, wondering how they had been paid for.
Mayor Lehmann indicated that the State Parks had provided the architect.
Councilor MacGregor noted that the "totem poles" which were proposed
probably had greater impact on viewing than the recently proposed skateboard
park. Discussion ensued regarding the plans. Mayor Lehmann noted that the
approval for the project would come from the Council.
At 9:00 p.m., the Council recessed for a 10-minute break. At
9:10 p.m., the Council meeting reconvened.
D. Traffic Safety - June 27, 2000 minutes: Previously
addressed.
7. CONSENT CALENDAR: The Council considered the following
items: City Engineer Bill - May, 2000; Jensen, Elmore & Stupasky bill; City
Attorney Bill - May, 2000; and a request from Chamber of Commerce/Proclamation
for Old Tyme Arts and Crafts Fair. Councilor Moore moved to approve the Consent
Calendar, Councilor Searcey seconded, and the motion carried unanimously.
8. CORRESPONDENCE: The Council considered letters from the
following: CWCOG, Charter Communications, the Mayor to the Chair of the Planning
Commission, Dyer Partnership, US Census 2000 and Lincoln County Communications.
No action was needed.
9. INFORMATIONAL ITEMS: The Council considered the following
items: the Municipal Court Reports for May and June, the Senior Center Board
minutes from June 19, the Library Board minutes from May 3 and the Monthly
Circulation report. Mayor Lehmann asked to hold out the Senior Center minutes.
She explained that in regards to the weeding issue, the previous minutes had
indicated that Public Works be asked to do the weeding. She had suggested to Mr.
McClintock that they look at obtaining Angell Job Corps students at $7.00 per
hour, the time to be charged to the Senior Center as the policy was that the
Senior Center be self-supporting, unless a formal decision on the part of the
Council would be to pay it out of the General Fund. Discussion ensued. Councilor
Searcey explained that the concern from the Senior Center was that this took
place after the budget process, so they did not have an opportunity to budget
for it. The total of the bill was approximately $220.
10. PUBLIC HEARING(S) - None
11. NEW BUSINESS:
A. Consideration of Contract for Municipal Court Judge
Services: Councilor Searcey moved to approve the contract, Councilor MacGregor
seconded, and the motion carried unanimously on a voice vote.
B. Administration of Oath of Office - Municipal Court Judge:
Previously addressed.
C. Consideration of Recommendation for Appointment from
Library Board: Councilor Moore moved to approve the appointment of Ms. Frenger
to a four-year term. Councilor Searcey seconded, and the motion carried
unanimously on a voice vote.
D. Consideration of Request from CSC re Housing
Rehabilitation Program: The Council clarified that the previous motion of the
Council was to allow CSC to continue to administer the program. Mayor Lehmann
noted that one concern was that the Committee had recently approved two loans
which had resulted in the City's having to take action because of their
position. Discussion ensued regarding possible exceptions. It was noted that the
policy did not allow for loans outside the program's purview, and Mr. Dowsett
would convey that concern to Mr. Hatley. Consensus of the Council was that the
Finance and Administration Committee should review the policy and the loan
committee composition. In addition, the Council confirmed that no exceptions to
the written policy would be allowed.
E. Oregon Recreation & Park Association Annual
Conference: Mayor Lehmann noted that there were several workshops which would be
beneficial to Parks Development, and offered to attend. Councilor Welch moved to
have the Mayor attend the conference. Councilor Church seconded. The motion
carried, with Councilor Peterson abstaining. His explanation was that the
information was readily available in the local area. According to the Council
rules, the Council had to vote to accept the abstention. Councilor Church voted
to allow the abstention, Mayor Lehmann and Councilors Searcey, MacGregor, Moore
and Welch voted against allowing the abstention. Councilor Peterson withdrew his
abstention and voted "no".
F. Consideration of Resolution Authorizing Negotiation of
Intergovernmental Agreement for Water: Mr. Dowsett noted that the latest
version, with Councilor Welch's proposed revisions, was not in the packet.
Councilor Welch then reviewed and explained the reasons behind the proposed
revisions, noting that there were no substantial changes. Mr. Hammersley
reviewed the changes and indicated that there were no problems. Councilor
MacGregor then moved to approve Resolution 959, Councilor Searcey seconded, and
the motion carried unanimously on a voice vote.
G. Lease Agreement for CWCOG for the Fire Hall Meeting Room:
Councilor Searcey moved to approve the lease, Councilor Church seconded.
Following a brief discussion, Councilor Searcey moved to amend the motion, to
include the term of two days a week, and any other non-substantive changes as
approved by the City Attorney. Councilor MacGregor seconded. The motion to amend
carried unanimously. The main motion to approve the lease then carried, with
Mayor Lehmann and Councilors Church, Searcey, MacGregor, Welch and Moore voting
"Aye", Councilor Peterson voting "Nay".
12. OLD BUSINESS: None
13. EXECUTIVE SESSION(S): At 9:40 p.m. there being no further
business to come before the Council, the Council recessed into executive
sessions, pursuant to ORS 192.660(1)(h): To consult with counsel regarding
current litigation or litigation likely to be filed; and ORS 192.660(1)(e): To
conduct deliberations with persons designated by the governing body to negotiate
real property transactions; and ORS 192.660(1)(d): To conduct deliberations with
persons designated by the governing body to carry on labor negotiations. The
Council reserved the right to return to open session.
14. ACTIONS, IF ANY, FROM EXECUTIVE SESSIONS: None.
15. ADJOURNMENT: At 10:56 p.m., the Council returned to open
session. The motion to adjourn was made, seconded, and carried unanimously on a
voice vote.
Respectfully submitted,
Reda A. Quinlan
City Clerk
APPROVED by the Waldport City Council this 3rd day of August,
2000.
SIGNED by the Mayor this 11th day of August, 2000.
Kim D. Lehmann, Mayor
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WALDPORT CITY COUNCIL (SPECIAL MEETING)
JULY 11, 2000
1. CALL TO ORDER AND ROLL CALL: Mayor Lehmann called the
meeting to order at 8:16 a.m. Mayor Lehmann and Councilors Church, Searcey,
MacGregor, Moore and Welch answered the roll. Councilor Peterson arrived at 8:20
a.m. A quorum was present.
2. EXECUTIVE SESSION: At 8:17 a.m., the Council recessed to
executive session, pursuant to ORS 192.660(1)(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 Council reserved the right to
return to open session.
3. ACTIONS, IF ANY, FROM EXECUTIVE SESSION: At 8:41 a.m., the
Council reconvened in open session. Councilor Searcey moved to approve
the verbal settlement with Southwest Lincoln County Water District as discussed
in executive session, with any written agreement authorization to be presented
for adoption after being agreed to by both sides, and to honor the requested
confidentiality agreement. Councilor Welch seconded the motion, which
then carried unanimously on a voice vote.
4. ADJOURNMENT: At 8:42 a.m., there being no further business
to come before the Council, the motion to adjourn was made, seconded,
and carried unanimously on a voice vote.
Respectfully submitted,
Reda A. Quinlan
City Clerk
APPROVED by the Waldport City Council this 3rd day of August,
2000.
SIGNED by the Mayor this 11th day of August, 2000.
Kim D. Lehmann, Mayor
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1. ROLL CALL: Council President Moore called the meeting to
order at 4:05 p.m. Councilors Church, Searcey, MacGregor, Moore and Welch were
present. Mayor Lehmann arrived at 4:08 p.m. Councilor Peterson was absent. A
quorum was present.
2. DISCUSSION ITEM: Water Rate and SDC Presentation - Draft
Plan: Mr. Bartlett addressed the Council in regards to the Preliminary Financial
Plan and Rate Analysis which he had put together for the City. Discussion
ensued. Mr. Bartlett then gave a brief review of the SDC study, indicating that
further discourse with staff needed to be done before the final report was
finished. Discussion ensued.
3. ADJOURNMENT: At 5:30 p.m., there being no further business
to come before the Council, the motion to adjourn was made, seconded
and carried unanimously on a voice vote.
Respectfully submitted,
Reda A. Quinlan
City Clerk
APPROVED by the Waldport City Council this 3rd day of August,
2000.
SIGNED by the Mayor this 11th day of August, 2000.
Kim D. Lehmann, Mayor