DECEMBER, 2001 COUNCIL MINUTES:

1.    ROLL CALL: Mayor Moore called the meeting to order at 7:00 p.m. Mayor Moore and Councilors Peterson, Woodruff, Welch and Church answered the roll. Councilor Abbott was absent. A quorum was present.
2.    CITIZEN COMMENTS AND CONCERNS: Judy Vagenas, President of the Chamber and Kay McElroy, Citizen at Large addressed the Council, requesting assistance from the Council to put up a Community Christmas tree. They proposed obtaining a tree from Larry Thissell, who was willing to donate a fresh-cut tree. They had contacted the Key Club, who was willing to supervise the Elementary School children decorating the tree on school time. Ms. McElroy recommended placing the tree at Veteran's Park, in light of the fact that this was the 60th anniversary of Pearl Harbor. It would be decorated on the 12th or 13th of December. Mr. McClintock indicated that the City crew would be happy to erect the tree.
    John Velluti, 1385 Fairway Drive, addressed the Council on behalf of the residents on Fairway Drive, extending their thanks for the quick action of the Council to install the stop signs at that intersection. He particularly thanked Councilor Welch for his prompt attention, and praised the Public Works Director.
  3.    COUNCIL COMMENTS AND CONCERNS: Councilor Welch noted that the City was fortunate to have favorable action on the request for funding for the Red Ditch project and the Highway 34 paving project. ODOT is sending the project on to the Transportation Commission, and this will result in approximately $960,000 to be put toward those projects. Mayor Moore noted the presence of Nancy Leonard, the new City Administrator and introduced her to the public.
4.    MINUTES: The Council considered the minutes from November 3, November 10 and November 13, 2001. Councilor Welch moved to approve the minutes as presented, Councilor Church seconded, and the motion carried unanimously on a voice vote.
5.    STAFF REPORTS:
    A.    Sheriff: Lt. Stallard was present to address the Council. He commented on some abandoned vehicles on the MacGregor property on Bay Street. The Sheriff's department did not have the authority to tow vehicles on private property, however he had taken measurements and determined that they were indeed on the right of way. The vehicles would be towed in the next two or three days. The Sheriff's department will pay the towing costs, then cite the last registered owner and try to recoup the towing fees. Councilor Welch complimented the Sheriff on their efforts in regards to traffic citations, noting 150 offense reports in Waldport, with 28 arrests. Lt Stallard noted that they will start citing for infractions at the intersection of Fairway and Range in the next couple weeks. Councilor Welch noted a concern regarding a dumped car, where the permission of the property owner had been obtained. Council approval was required to have the vehicle towed. Councilor Welch moved to have the vehicle towed. Councilor Woodruff seconded and the motion carried unanimously on a voice vote. Lt. Stallard indicated he would arrange for the tow, the City will pay for the tow and the Sheriff's office will arrange to have the City reimbursed for the costs if the person was convicted.
    B.    City Administrator: Mr. Dowsett noted that he had contact from ODOT regarding the left turn at Range Drive, had executed the amendment to the contract, and sent it on. The easement issue was still not resolved, but there was methodology in place to do so. Mr. McClintock indicated there would be a meeting next week which may result in resolution of that issue. Mr. Dowsett noted receipt of notification of completion of Periodic Review tasks from DLCD, and mentioned that the last task was the proposed expansion of the Urban Growth Boundary which was at the County at present and would need to finally go to LCDC for final approval. He invited Mr. Cerbone to comment on the skate park. Mr. Cerbone stated that the designers had been contacted, and they would also like to be the builders. Their design could not be used by another contractor. Mr. Dowsett complimented the Council on the choice of his replacement. Mayor Moore publicly thanked Mr. Dowsett for his efforts on behalf of the City.
    C.    City Attorney: Mr. Hammersley noted that the Isaak Walton League license agreement will be signed in the next few days, and the gate would then be installed. Regarding the tsunami siren easement, he indicated that it has been sent to the property owners who had agreed to sign in the next few days. In the Sagaitis appeal, Mr. Hammersley noted that the original brief had been due November 28th but a time extension from the other side was granted. The opening brief was due December 21. One city has agreed to work with us on the appeal and is drafting a "friend of the court" brief, and the League of Oregon Cities may also file one on our behalf. Memos on the citizen citation process and the annexation notification process for Southwest Lincoln Water District were distributed. Mr. Hammersley indicated that the signature had not yet been received from the Yachats Fire District for the Corona Court annexation, although a form had been agreed upon. The Board meets Monday, and he anticipated a signature by next week. He instructed staff to obtain new consents from all the other property owners. Mr. Hammersley indicated that he was awaiting a response from the federal agency supervising savings and loans in regards to business licensing. There was nothing for executive session.
    Noting the presence of Mr. Perdue, of Koontz and Perdue, Mayor Moore invited him up to address the Council. Mr. Perdue reviewed the audit's financial statements and the cover letter. He recommended that the staff might take a look at the bank reconciliation process, and have a supervisory staff person review the reconciliation. He felt that it would be appropriate for the Finance and Administration Committee to perform that review. He noted that unanticipated funds require a resolution before the monies can be spent. Councilor Church asked whether this also applied to loans, and Mr. Perdue responded affirmatively, if the City was unaware of them at the time of the budget process. Mr. Perdue then reviewed GASB 34 and its impact on cities. He noted that this would add about 10 pages to financial statements and the effect was to bring the audits closer in line with for-profit entities. This was required next year for entities with over $100M in revenues. The City was in the third tier, so it would be three years yet before the requirements would apply. Mr. Perdue noted that the firm has 4 clients in the second tier, and will learn from them next year. Following a brief discussion, Mr. Perdue noted that he had not seen any problems during the course of the audit. The Council thanked him for his presentation.
    D.    Public Works Director: Mr. McClintock reported that the City had now had enough rain to look at inflow and infiltration. The good news is that there was a fairly large decrease in pumping hours in pump stations city wide, and a significant decrease in high flows at sewer plant. He professed himself pleased with the results so far. He indicated that he was researching the costs for doing the work on the lagoon next summer, and an estimate would be forthcoming. The water department will start annual flushing and cleaning of distribution system next week. Mr. McClintock noted that he had been notified by Water Resources that the City's applications have been received and will be reviewed in the near future. If approved, there will be a 45-day protest process so it looks like it will be several months before the final results on the City's request are known. Mayor Moore noted he had checked and Old Town did not appear to have any flood problems at present. Mr. McClintock indicated that the Council had received copies of the street survey, which been completed and distributed by Mr. Cerbone. Willow Street will be paved as soon as there are two dry days. The County is still reviewing request for Crestline/Range stop signs. Mr. McClintock indicated that he had started this week at Yachats, and had spent most of his time familiarizing himself with their systems. Councilor Welch asked about the level of plant operation during the last rain event, and Mr. McClintock responded that with about 2.4" of rain, the highest peak was 102% at the WWTP. Previously, with that amount of rain, the plant would have had to work at about 300% of design capacity.
    E.    City Planner: The Council noted receipt of the written report in the packet.
6.    COMMITTEE REPORTS:
    A.    Finance and Administration: No meeting the previous month.
    B.    Infrastructure Planning: Mayor Moore noted that there was nothing major to report, the minutes from their last meeting were in the packet materials.
    C.    Parks and Recreation: Councilor Woodruff gave a brief report on the November meeting, and indicated that the deadline for submission of the grant for the Lint Slough Trail was February 8, 2002. Mr. Cerbone noted that the City did qualify and was looking forward to receiving an application. The grant would be brought back to the Council in January to go through details and obtain approval. Mr. Cerbone will write the grant during the extra hours he has remaining. Councilor Woodruff noted that the sign for Keady Wayside had been received and would be installed imminently. An application for the vacancy on the Committee will be considered by the Council at their January, 2002 meeting.
    D.    Traffic Safety: Councilor Welch noted that the Committee was awaiting a decision from the County in regards to the proposed stop sign on Crestline Drive. He also noted that Mr. McClintock will be looking at an obstruction problem on Range Drive, where trees may need to be trimmed or removed.
7.    CONSENT CALENDAR: The Council considered the City Engineer bill and a bill from Preston, Gates, Ellis. Councilor Welch moved to approve the Consent Calendar. Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
8.    CORRESPONDENCE: None.
9.    INFORMATIONAL ITEMS: The Council considered the following: a financial memo; minutes of the Joint Work Session (Council and County Commission); Library Board minutes and the 2001/2002 Assessment and Taxation Data for the City. No action was needed.
10.    PUBLIC HEARING(S): None.
11.    NEW BUSINESS:
    A.    Letter from Mike Cerbone: He noted that he still "owes" the City 70 hours, and wondered what the Council would like him to do with the time. Consensus of the Council was to have him work on the Lint Slough grant and any others which may come in between now and the middle of January.
    B.    Consideration of Coastal Management Grant Agreement: Mr. Dowsett noted that this was already set up for Ms. Leonard's signature, as she would be the one who would be administering it. The grant helps to pay for City Planner services. Councilor Welch moved to approve signing the agreement, Councilor Woodruff seconded, and the motion carried unanimously on a voice vote.
    C.    Consideration of PERS Plan-Trust Declaration and Administrative Services Agreement: This was in regards to the 457 plan for employees. Mr. Dowsett indicated he had reviewed the document, and recommended approval. Councilor Peterson moved to approve, Councilor Welch seconded, and the motion carried unanimously on a voice vote.
    D.    Consideration of Task Order #9 - Raw Water System Improvements: Mayor Moore noted that this was the major water project, and approval was needed in order to have the engineering proceed according to schedule so that the work can be completed next summer. Mr. Dowsett recommended approval, as the preliminary work would have to be done in any case. He noted that the City had already committed to spend $75,000. Councilor Welch moved to approve the Task Order in the amount of $128,200, subject to approval on funding. Councilor Peterson seconded. Mr. Dowsett noted that the City will need to ensure that if the money is spent now, the costs will be reimbursed when the funding comes in. The motion then carried unanimously on a voice vote.
    E.    Consideration of Resolution 990, Authorizing the Mayor to Execute and Endorse an Amendment to the Agreement with the League of Oregon Cities: Mr. Dowsett noted that this involved some boilerplate changes and recommended approval. Councilor Church moved to approve Resolution 990, Councilor Woodruff seconded, and the motion carried unanimously on a voice vote.
    F.    Consideration of Resolution 991, A Resolution Regarding Membership in the City County Insurance Services Trust: Mr. Dowsett noted that this also involved some boilerplate changes and recommended approval. Councilor Peterson moved to approve Resolution 991, Councilor Church seconded, and the motion carried unanimously on a voice vote.
    G.    Consideration of Resolution 992, A Resolution Amending the Rules of the Council: Mr. Dowsett noted that this resolution memorialized the approved change to the Council Rules, replacing the term "City Manager" with "Chief Administrative Officer". Councilor Peterson moved to approve Resolution 992, Councilor Woodruff seconded, and the motion carried unanimously on a voice vote.
    H.    Consideration of Resolution 993, A Resolution Memorializing the Council Decision to Adopt Revised Sewer User Fees and Repealing Resolution No. 945: Councilor Welch moved to approve Resolution 993, Councilor Woodruff seconded, and the motion carried unanimously on a voice vote.
    I.    Consideration of Ordinance 678, An Ordinance Repealing and Rescinding Ordinance No. 677, Relating to Annexation: City Attorney Hammersley noted that the City will be proceeding with a new ordinance once the required signatures had been obtained. Councilor Welch moved to read Ordinance No. 678 by title only for the first and second readings. Councilor Woodruff seconded. The motion carried unanimously on a voice vote. Mayor Moore read Ordinance 678 by title only for the first and second readings. Councilor Welch moved to adopt Ordinance 678, Councilor Woodruff seconded, and the motion carried unanimously on a voice vote.
12.    OLD BUSINESS: None.
13.    EXECUTIVE SESSION: None.
14.    ACTIONS, IF ANY, FROM EXECUTIVE SESSION: None.
15.    ADJOURNMENT: Mayor Moore wished the citizens "Happy Holidays". At 8:25 p.m., there being no further business to come before the Council, Councilor Peterson moved to adjourn. Councilor Welch seconded, and the motion carried unanimously on a voice vote.

Respectfully submitted,
Reda A. Quinlan
City Clerk

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1.    ROLL CALL: Mayor Moore called the meeting to order at 11:03 a.m. Mayor Moore and Councilors Peterson, Abbott, Woodruff, Welch and Church answered the roll call. A quorum was present.
2. BUDGET DISCUSSION:
    A.    General Fund: Mr. Dowsett noted that, overall, the expenses in the General Fund were increasing at about 6% annually, while revenues were only increasing at 3% as a result of Measure 50. He mentioned that if the Council wished to consider a local option levy (serial levy) the November General Election in 2002 does not require the "super majority". He pointed out that the City really needs to have 5 - 10% in contingency. Mayor Moore mentioned that there may be a decrease in administrative costs from Urban Renewal. Mayor Moore noted he had met with Mayor Corbin in Yachats to talk preliminarily about sharing some of the public safety costs. They may be more agreeable to cost-sharing this year. Discussion ensued regarding internal cost recovery in the General fund and Public Works fund. One suggestion would be to do a "standard" ICR and directly bill for projects. The business license fees are to be reviewed by Finance and Administration, as they have not been changed in a number of years. Mr. Dowsett noted that the City's planning fees were now indexed, with an increase based on the Consumer's Price Index. Planning costs might change, as the City may have to go out for planning services and maybe code enforcement as well. Another suggestion was the possibility of raising the transient room tax. Mr. Dowsett noted that utilities in several cities were now being taxed and the monies put into the General Fund. Discussion ensued regarding municipal court revenues and citing speeding drivers. Councilor Peterson suggested eliminating the Sheriff's department contract. Discussion ensued. Councilor Peterson also voiced his adamant opposition to the dissolution of the Peterson Park Road District, as at some point in the future sidewalks and other improvements might be proposed. Councilor Woodruff noted that the County had already made the decision to dissolve it.
    B.    Mayor Moore asked the permission of the Council to move the Senior Center discussion up on the agenda to accommodate Ms. Tryon. Ms. Tryon noted that in the last few months the board had made some progress in understanding the budget and that some changes needed to be made in the method of operations. She suggested that this might be a good time for the City to take a more progressive management role in the administration of the Center. The Board was not averse to this as long as the Senior Meals and Meals on Wheels programs remained intact. This would mainly involve scheduling the building and maintenance, especially checking after usage. Discussion ensued. Councilor Woodruff noted that in the last board discussion, the decision was to look for a coordinator that would work 3 - 4 hours per week. Councilor Welch suggested looking at a compensation for a coordinator, at minimum wage, to put in the budget. Consensus was favorable. Ms. Tryon asked that the Council consider a broad enough coverage to allow for City oversight of the operations. Ms. Lawson asked that the Council consider the revenue sources to cover the proposed expenditures for coordinator, cleaning services, etc. Councilor Woodruff suggested that the Council consider a gradual approach to the change of control of the building, as some members of the board seemed rather reluctant to let the reins go. Councilor Peterson suggested that when the current board member's terms are up, the City consider assuming the control and ownership of the building. Councilor Church asked what the contribution of the board to the process would be. Ms. Tryon indicated that she envisioned that the City would give the board some directive to indicate what information in the reports and activities would be required. The board would then be able to report back on activities and groups using the building to create historical data for fee schedules, etc.
    At 12:30, the Council recessed for lunch.  At 1:00 p.m., the Council meeting resumed.
    C.    The Council moved up the Public Works fund discussion. Mr. Dowsett suggested that the Council might want to consider an ongoing amortization schedule for replacement of vehicles and other major equipment supplies, the funds of which would be placed in a public works reserve fund. Mayor Moore suggested setting aside rental fees from Yachats to be placed in this fund. In consideration of the 3-year Capital Improvement Plan for Streets and Stormwater, Councilor Welch noted that he could not conceive of spending $580,000 for a Storm Water Pump Station since the residents turned down the concept of the LID. Discussion ensued. Councilor Woodruff asked about whether the funding were more or less assured for the listed projects. Discussion ensued.
    D.    Street Fund: Mr. McClintock noted that the Street Survey completed by Mr. Cerbone was to be utilized for anticipated street improvements. Mr. McClintock would have a list of streets for the Road District meeting for improvements. Councilor Peterson noted that the streets In Peterson Park were constructed to more stringent standards than the City currently required.
    E.    Stormwater Sewer: Mr. Dowsett noted that Storm Water had been deferred to the present budget process. Consensus was to leave it in the budget and let the budget committee decide what to do with it. Mr. McClintock noted that the City had done a lot of work in stormwater in the last couple of years, and the maintenance of the system was currently being paid out of Road District/Street Funds. Over time, this will eat up the monies in that fund. Mr. Dowsett noted that the stormwater utility charge was usually based on the area of impermeable surfaces. Mayor Moore noted that the estimate for the Bartlett study should be included in the budget. Consensus of the Council was to have the Infrastructure Committee look into Stormwater SDCs. General discussion of SDC's ensued.
    F.    Water Fund: Councilor Welch pointed out that the revenues in the Water fund had increased 35% over last year, and expenses increased 95%. Discussion ensued regarding cost effectiveness of performing work in-house over contracting services. Mr. McClintock cautioned against privitization of services, as in his experience the entity comes in, takes over the plant and equipment, makes their money and, when the contract runs out, leaves no improvements to the system and an asset which is years older. In contracting services out, there is also a lack of control over the final product.
    G.    Sewer Fund: Mayor Moore noted that the costs in the Sewer fund have dropped. However, SDC revenues are practically nil, and overall consumption has also decreased. Discussion ensued. Mayor Moore urged the Council to consider going ahead with the gravity line regardless of the outcome of the LID in order to relieve the burden on the Grade School pump station. Mr. Dowsett explained the difference between a public improvement and a repair, and utilization of the City's crew for the projects. If Mr. Campbell's grant comes through, the effluent line can be incorporated into the project. Councilor Woodruff also supported the idea of pursuing the bypass if the LID doesn't go though. MR. McClintock explained the projects and how they interrelated. Mayor Moore asked that they get a firm figure on putting in the 15" pipe for the Crestline trunk/and bypass. Ms. Leonard suggested looking into putting in the infrastructure for the effluent line at the same time, even if the funding for that project was not yet secured, as DEQ might look at that favorably. Mr. McClintock will try to get more firm cost estimate on putting in the 15" line. Ms. Lawson noted that at the time Bartlett did the rate study, the City was looking at the project with grant/LID monies, not anticipating putting any charges on the rate structure.
    H.    Park Fund: Councilor Woodruff noted one of the main concerns of the committee was to get a budget in place for maintenance. She wondered if this would involve a seasonal part-time position, and suggested a line item for Park maintenance in the General fund or in the Park fund. Following a brief discussion, consensus of the Council was to have Mike Cerbone work on the Lint Slough Grant and hopefully have it done for Council approval on the 17th of January. In discussion regarding the skate park, Mayor Moore indicated that the City needed a letter to be sent to the Skatepark committee to ensure that the $5000 expenditure for the design of the skatepark would be covered. Ms. Leonard will ask Mr. Cerbone where this was in the process. Ms. Lawson confirmed that there were no more allocations to be coming from grant money in regards to Oregon State Parks projects. Councilor Woodruff noted that one proposal from the parks committee was to sell the Crestline property and purchase property that could more easily be used for park purposes. Staff will research any restrictions on the deed. Mayor Moore suggested looking to see whether there was enough property near the Kendall field property for a skatepark, where there was already parking and restroom facilities. He noted that as soon as the City Planner confirms ownership, it will be brought back to Council. Mr. Dowsett suggested talking with Rich Belloni regarding this as well, and maybe checking with the school district to ascertain any interest in selling the Kendall field property.
    I.    Other Issues: Ms. Leonard noted receipt of a notice from the League of Oregon Cities regarding projects which could be constructed and built in next twelve months. Crestline Bypass was one of the suggested projects for this. Mr. McClintock will come up with other possible projects and forward them to the League as well.
3.    ADJOURNMENT: At 3:10 p.m., there being no further business to come before the Council, Councilor Woodruff moved to adjourn. Councilor Welch seconded. A brief discussion ensued regarding scheduling of the next Council meeting, due to vacations and other considerations. Consensus of the Council was to schedule the regular Council meeting for the month of January, 2002 on January 17th at 7:00 p.m. The motion to adjourn then carried unanimously on a voice vote.