January, 2001 Council Minutes

January 18, 2001

JANUARY 4, 2001

1.    CALL TO ORDER: The meeting was called to order at 7:00 p.m.
2.    SWEARING IN OF COUNCIL MEMBERS AND ROLL CALL: City Attorney Hammersley administered the oath of office to Mayor-Elect Kim Lehmann, Councilors-Elect Phyllis Boehme and Ed Peterson. Mayor Lehmann and Councilors Church, Peterson, Boehme and Welch then answered the roll. Councilor Moore was absent. A quorum was present.
3.    CITIZEN COMMENTS AND CONCERNS: None.
4.    COUNCIL COMMENTS AND CONCERNS: Mayor Lehmann noted that there was a conference in Ashland for Downtown Solutions to be held in April, she recommended that the members of the Revitalization Committee attend. Councilor Welch moved to have the members attend, Councilor Boehme seconded. The motion carried unanimously on a voice vote. Councilor Church noted a concern which had been voiced in regards to the potential removal of the trees at Keady Wayside, suggesting that since the RARE student has a degree in forestry, he may be able to ascertain the condition of the trees. Councilor Church then moved to delay the removal of the trees. Councilor Welch seconded. Mayor Lehmann asked about the liability of the City if the trees fall down. Mr. Hammersley noted that there may be some liability problems due to the fact that the issue has already been raised, which could be further discussed in executive session if desired. Mr. McClintock stated that his opinion was that at least four of the trees should be removed, and there is an issue of public danger in leaving them up. Discussion ensued. The motion failed, with Councilors Church and Boehme voting "Aye", Mayor Lehmann and Councilors Peterson and Welch voting "No". Councilor Church also mentioned a concern regarding the staffing of the Visitors Center, and wondered if the City could support the Center with some monies, possibly from room tax. Mayor Lehmann suggested that this be a topic of discussion for the upcoming budget process, Councilor Welch agreed. Following further discussion, Councilor Welch suggested that if it was an emergency, the topic could be on the next agenda for review. Mayor Lehmann asked that the figures for room tax receipts and available contingency be provided for review as well.
5.    MINUTES:   The Council considered the minutes from the December 5 and December 7, 2000 meetings. Councilor Peterson moved to approve the minutes as presented, Councilor Church seconded. The motion carried unanimously on a voice vote.
6.    STAFF REPORTS:
    A.    Sheriff: Lt. Stallard was available for questions in regards to the Sheriff's Report. Councilor Church asked if the increase in arrests was drug-related, Lt. Stallard responded that this was due to a rash of car clouts which had recently been resolved. He also confirmed that the impound figures were a new addition. Councilor Welch voiced a concern regarding child safety restraints, Lt. Stallard responded that a group called ACTS has been giving free consultations in regards to proper installation of child safety seats.
    Mayor Lehmann noted that the public hearing on the Riparian Zone had been tabled until 7:30 p.m. at the present meeting. Councilor Peterson moved to retable the public hearing to the March, 2001 regular meeting, Councilor Welch seconded. The motion carried unanimously on a voice vote.
    B.    City Administrator: Mr. Dowsett noted that the reason for tabling the discussion was because the City was still awaiting decisions in regards to Measure 7. City Attorney Hammersley stated that his recommendation was to postpone any action until further information was available in regards to the measure. Mr. Dowsett indicated that the Council had recently made a decision to index the planning fees, and that issue as well as the increase in water rates will be noticed for a hearing in May, with an effective date of July 1, 2001. The budget process will begin this month, and he asked for direction from the Council in regards to the storm drainage utility. It would be included in the budget, with the understanding that this was not a result of a consensus of the Council, and would be discussed as a part of the budget process. The City was proceeding with the application for the South Waldport Sewer Improvements (Crestline Bypass), which would include an environmental assessment. The City was also proceeding with proposing some type of local improvement district financing to assist in the project in the budget process. Mr. Dowsett noted that the City was also looking for grants for the effluent return to the Golf Course. He clarified that the funding package was being put together by Rural Development, part of it would be a grant, part a loan, which will probably include some assessments against the benefitted property owners. The work-study student through the Community College would begin next week. Michael Cerbone, the RARE student would be starting on January 16. Mr. Dowsett gave a brief update on the process for the Water SDC rate increase. He noted that there would probably be a special meeting the following week for the Urban Renewal Agency for the bond issue. The asbestos siding was being removed from the Waldport Motel property. The building would be removed after the 15th of the month. His recommendation was to leave the trees along the back side of Maple Street.   Mayor Lehmann noted that Harry Hawks had been so impressed with the performance of the City employees that he bought cards to the Expresso 101 for all the employees.
    C.    City Attorney: Mr. Hammersley noted that there was one current litigation item for discussion in executive session.
    D.    City Engineer: Mr. Stonecypher indicated that his report was included in the packet. Mayor Lehmann asked whether the Water Resources Department had notified the City regarding compliance. Mr. Dowsett explained that until the rules were rewritten, the water rights were held in abeyance, and the City was within the time extension requirements. Mr. McClintock noted that the letters from the City and the City Engineer had been received by Water Resources and had been verbally acknowledged. A note to that effect had been placed in the City's file. Mr. Stonecypher clarified that the City had permits for Southworth Creek and Eckman Creek, rather than certificated water rights like on North and South Wiest Creek. The new rules would be very stringent in regards to water permits and certificated water rights. He noted that the work on the new pump station may be so minimal as to not even require a permit. Councilor Church asked about the previous engineering work which had been done on the proposed gravity line. Mr. Stonecypher indicated that a preliminary report had been done a couple of years ago. An update had been included in the Sewer Master Plan, which increased the size of the line from 8" to 15" to add additional properties. The pump station would also be increased in size. There was enough information in the Master Plan to allow the City to apply for the funding, without much in the way of additional engineering costs, other than the environmental review.    The Council considered the Consent Agenda, consisting of the Engineer's Task Order Number Five. Councilor Welch moved to approve Task Order Number Five, Councilor Boehme seconded, and the motion carried unanimously on a voice vote.
    E.    Public Works Director: Mr. McClintock gave a brief update on the replacement of the old steel line on Crestline which had been completed over the Christmas holiday. Now there was only a portion of Highway 101 which was steel, scheduled to be replaced during the summer. He reported that the City is now back on the impoundments, despite the lack of rainfall. Evidently, the cleaning and sealing of the impoundments had been successful. The crew was still continuing with I & I projects in the Old Town area. In regards to the Hemlock/Maple intersection, he had determined that the property actually belongs to ODOT. They were looking at additional riprap or other means of protection of the area during storm events. He was in the process of compiling a list of streets for repair with Road District #3 monies. The pole for the second tsunami siren was installed, the siren was being put together and would be up soon. The last item was in regards to the purchase of an excavator, a tilt trailer and a dump truck. He had been contacted by Hessel Tractor about an excavator for $60,000 which the City could purchase on contract. They are willing to bring it to the City at no cost and allow the City to use it and determine if we want it. The money is available in the vehicle fund for a down payment. The rest would be paid on a four-year contract. Following a brief discussion, Councilor Welch moved to give Mr. McClintock permission to proceed with trying out the equipment. Councilor Peterson seconded. The motion carried unanimously on a voice vote.
    F.    City Planner: No report.
7.    COMMITTEE REPORTS:
    A.    Finance and Administration: Councilor Peterson noted that there had not been a meeting for a couple of months, so he had nothing to report.
    B.    Infrastructure Planning: Councilor Welch noted that there had not been a meeting the previous month, so there was no report.
    C.    Parks & Recreation: Mayor Lehmann noted that the next meeting would be the following Tuesday at 6:30 p.m. Mr. McClintock indicated that the City was applying for an OYCC grant for personnel for working on park projects the following summer. Councilor Church asked about the progress at Keady Wayside, Mr. McClintock noted that the crew was going to be working there the following day, cleaning up and putting in additional riprap. The binoculars would arrive at the end of January. The landscaping would not take place until spring. Mayor Lehmann noted that the committee was working on the concept of putting up various types of art on the poles.
8.    CONSENT CALENDAR:
    A.    Dyer Task Order for Environmental Impact Study: Previously addressed.
9.    CORRESPONDENCE: The Council considered the following letters: A) OEDD re Special Public Works Fund Award for Industrial Park Improvements; B) SWLWD re Meeting Between Board and City Council; C) CWCOG re Membership on Commission of Transportation; D) Letter & Certificate of Appreciation From Census 2000. Mayor Lehmann noted that item "B" should be pulled out for consideration, as well as item "C". Councilor Boehme stated that there would be a ribbon-cutting ceremony at the industrial park as a result of item "A". Mayor Lehmann indicated that the meeting with Southwest Lincoln Water District had originally been scheduled for the third Thursday, but Councilor Welch had a conflict with the COG meeting. Consensus of the Council was to reschedule the meeting for Wednesday, January 17 at 7:00 p.m. Councilor Welch indicated that the COG Board meets quarterly on the third Thursday of the month, which was in conflict with the Council's regularly scheduled special meetings/workshops. Following a brief discussion, consensus of the Council was to schedule the work sessions for the morning of the third Thursday of the month if necessary. Councilor Boehme moved to reappoint Mr. McClintock and Councilor Welch to the COG Commission on Transportation, Councilor Peterson seconded. The motion carried unanimously on a voice vote.
10.    INFORMATIONAL ITEMS: The Council considered the following items: A) Financial Memo; B) Municipal Court Report - November, 2000; C) 2001/2002 Budget Schedule; D) Notification Letter for SDC Public Hearing. No action was needed.
11.    PUBLIC HEARING(S) - Riparian Zone (Periodic Review): Previously addressed.
12.    NEW BUSINESS:
    A.    Consideration of Resolution Accepting Street Dedications for Ann St., Kathleen St., and Dahl Ave.: Councilor Boehme moved to approve Resolution 965, subject to the City Attorney's approval. Councilor Peterson seconded, and the motion carried unanimously on a voice vote. Mr. McClintock clarified that the streets more than meet the City's minimum standards.
    B.    Consideration of Resolution Designating Property for a Skateboard Park: Mayor Lehmann asked if the Council wanted to consider setting a time limit on the dedication of property if the project did not come through. Mr. Dowsett noted that the Council could always rescind the resolution if necessary. Councilor Boehme moved to approve Resolution 966, subject to the City Attorney's approval. Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
    C.    Consideration of Resolution Authorizing Signatories and Replacing Resolution 943: Councilor Peterson moved to adopt Resolution 967, Councilor Church seconded. The motion carried unanimously on a voice vote.
    The Council then took up the agenda items under "Old Business".
13.    OLD BUSINESS:
    A.    Speed Ramp Policy: Mayor Lehmann stated that this issue would be on the next agenda for consideration in the form of a resolution. She suggested that item six should be changed to refer the review of the request to the Traffic Safety Committee. Councilor Peterson moved to change the review of the request from the Infrastructure Committee to the Traffic Safety Committee. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
    B.    Appointment to Council Vacancy: Mayor Lehmann noted that the Council had received a letter of interest from Susan Woodruff, asking to be considered for the vacant position. She indicated that a notice would be in the paper the following week and wondered if the Council wanted to wait and consider any additional applicants. Mr. Hammersley read the pertinent section of the Charter in regards to the filling of a vacancy. Discussion ensued. Ms. Woodruff appeared before the Council and gave a brief statement in regards to the reasons she was willing to serve on the Council. Councilor Welch moved to appoint Ms. Woodruff to the vacancy until the next election, Councilor Boehme seconded, and the motion carried unanimously on a voice vote. Ms. Woodruff submitted a verbal resignation from the Planning Commission. Councilor Peterson moved to accept the resignation, Councilor Welch seconded, and the motion carried unanimously. Mr. Hammersley administered the oath of office to Ms. Woodruff, who then took her seat at the Council table. Discussion ensued regarding whether the Council wished to continue to the May election or reconsider the issue. According to the County Clerk's office, the City could expect to pay between $1500 and $2000 to have the vacancy on the May ballot. The March election would be less costly, due to a number of issues which would be on the ballot, but any applications would have to be submitted by January 11. Following discussion, consensus of the Council was to stay with the May election.
NEW BUSINESS (Cont.)
    D.    Board, Commission and Committee Vacancies: Councilor Welch moved to appoint Councilor Moore to the position of Council President, Councilor Church seconded. The motion carried unanimously on a voice vote. Councilor Welch then moved to appoint Councilor Boehme to the Senior Center Board, Councilor Church seconded, and the motion carried unanimously on a voice vote. In regards to the Traffic Safety Committee, Councilor Welch noted that the committee members had indicated their willingness to continue on the committee. Councilor Welch moved to extend their terms for an additional two years. Councilor Boehme seconded, and the motion carried unanimously on a voice vote. Mayor Lehmann indicated that she and the other members would like to continue on the Parks and Recreation Committee. Councilor Boehme moved to extend the terms for two years, Councilor Woodruff seconded and the motion carried unanimously on a voice vote. Mayor Lehmann asked that the two vacancies on the budget committee be advertised. She noted that there had been no interest in the vacancies on the loan committee, and wondered if there were any restrictions on whether the Council could comprise the committee. Staff will research the issue and report back to the Council. Councilor Church moved to appoint Councilor Welch to the COG Board of Directors. Councilor Boehme seconded, and the motion carried unanimously on a voice vote. Councilor Boehme moved to extend Councilor Welch's appointment to the Lincoln County Transit Committee, Councilor Peterson seconded, and the motion carried unanimously on a voice vote. There were no volunteers for the Youth Center Board. It was determined that there was no longer a need for representatives on the following: Lincoln County School District Steering Committee; Law Enforcement Consolidation Task Force; Water Rights and Services Task Force; Utility Coordination Committee; or the School Task Force. Councilor Boehme indicated her willingness to be the Council liaison to the Chamber, Councilor Church moved to appoint her. Councilor Welch seconded, and the motion carried unanimously on a voice vote. Councilor Woodruff volunteered for the Solid Waste District representative, Councilor Boehme moved to appoint her. Councilor Welch seconded, and the motion carried unanimously on a voice vote. In regards to the Council Committees, Councilor Welch moved to appoint himself and Councilors Moore and Church to the Infrastructure Committee, and Councilors Peterson, Boehme and Woodruff to the Finance and Administration Committee. The motion was seconded by Councilor Church and carried unanimously on a voice vote.
14.    EXECUTIVE SESSION(S): At 9:40 p.m., there being no further business to come before the Council, and noting no necessity for returning to open session, the Council adjourned to executive session, pursuant to ORS 192.660(1)(h): To consult with counsel regarding current litigation or litigation likely to be filed.
15.    ACTIONS, IF ANY, FROM EXECUTIVE SESSIONS: None.
16.    ADJOURNMENT: At 10:15 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 1st day of February, 2001. SIGNED by the Mayor this 1st day of February, 2001.

Kim D. Lehmann, Mayor