JUNE 7, 2001

1.    CALL TO ORDER AND ROLL CALL:  Mayor Lehmann called the meeting to order at 7:00 p.m.  Mayor Lehmann and Councilors Woodruff, Boehme, Peterson, Moore, Welch answered the roll.  Councilor Church was absent.  A quorum was present.
2.    ACCEPTANCE OF ABSTRACT OF VOTES & SWEARING IN OF COUNCILOR: Councilor Moore moved to accept the abstract of votes, Councilor Peterson seconded, and the motion carried unanimously on a voice vote.  City Attorney Hammersley then administered the oath of office to Councilor Woodruff.
3.    CITIZEN COMMENTS AND CONCERNS
    A.    Letter from Peter Kocal:  No action needed.
    B.    David Gordon, representing Golden West Homes, indicated that he had comments regarding the agenda item on the Riparian Zone.  Consensus was to allow him to speak at the beginning of the deliberations on the riparian zone. 
    Bruce Thompson, owner of Old Tyme Fountain and Deli, addressed the Council regarding the request for street closure on June 16 for the street dance.  He indicated that they had arranged for insurance, porta-potties and a band as well as providing monitoring.
    Judy Vagenas, president of Chamber, assured Council that the skateboard committee's demonstration was not an official Beachcomber's event but they would like to use the Senior Center parking lot.  She stated that there would be a release signed by the parents, and that helmets and cleanup will be required.  Her second request was for a sign to be placed on the Crestline property where the skatepark will be to help remind people of the project. She described the sign as being approximately 4' X 4'.  The Chamber's third request was in regards to using the vacant motel property for a Farmer's Market on Wednesdays and a Crafter's Fair on Sundays, starting Beachcomber Day's weekend.  She also proposed that the City and Chamber consider placement of a single porta-pottie at Keady and one at motel property for the summer months, with the costs to be shared.  Mr. McClintock noted that it cost around $65/month for the porta-pottie at the Water Treatment Plant.  Mayor Lehmann noted receipt of a letter which should have actually gone to the Chamber of Commerce, regarding praise for the "Great Garage Sale" from Jeff & Donna Steinkellner.
4.    COUNCIL COMMENTS AND CONCERNS:  Mayor Lehmann noted that the City of Yachats had agreed to the joint meeting with the Council, to take place on the third Thursday in September at 6:00 p.m.  Councilor Welch moved to have the meeting at Waldport City Hall at 6:00 p.m. on September 20, 2001.  Councilor Moore seconded, and the motion carried unanimously on a voice vote.  Mayor Lehmann also indicated that she had received the results of the 2000 Census, according to which the present population of Waldport was 2050.  She also noted that congratulations were in order on the Sagaitis lawsuit results.  Councilor Moore noted a concern regarding the letter from Peter Kocal in the packet, and asked staff to request an answer from Sheriff regarding the incident.  Councilor Peterson asked that Council stick to policy of ending at 10:00 p.m.  He suggested if the meeting was not finished by then that the Council continue the meeting to the third Thursday of the month.  Mayor Lehmann suggested setting the deliberations on the Development Code revisions until that time.  Councilor Moore moved to set the Development Code deliberations to June 21, 2001 at 5:30 p.m.  Councilor Welch seconded.  Councilor Boehme noted that there was a Town Hall meeting scheduled for 7:00 on that evening.  Mayor Lehmann moved to amend the meeting time to 4:30 p.m.  Councilor Welch seconded the amendment, which then carried unanimously on a voice vote.  The main motion, as amended, then carried unanimously on a voice vote.
5.    MINUTES:  The Council considered the minutes from the May 3, 2001 Council meeting.  Councilor Moore moved to approve the minutes as presented, Councilor Boehme seconded, and the motion carried unanimously on a voice vote.
6.    STAFF REPORTS:    
A.    Sheriff:  The written report was contained in the packet materials.  Lt. Stallard addressed the Council, noting that they will have considerable uniformed presence for both the Beachcomber Parade and the July 3 fireworks.  Mr. Dowsett noted that the Sheriff's media releases will be kept on file in the Council room.
    B.    City Administrator:  Mr. Dowsett noted that the status report was in the packet.  He mentioned that the next regular Council meeting would be July 5, and suggested that if there were any problems with that meeting date, the Council let him know before the special meeting on June 21 so that a new meeting date could be set.  Mr. Dowsett indicated that he had promised Councilor Church he would mention the motion made by the Economic Development Committee regarding the recommendation to designate Councilor Woodruff as a backup member of the Economic Development Committee.  There was also a letter from Mr. Cerbone in the packet in that regard.  Mr. Dowsett noted that he would like the Council to consider a motion approving the Mayor, himself, and Finance Administrator Lawson as signatories on the Water Project contract documents.  The Mayor would certify the documents and the two staff representatives would perform the administration of the contract.  Councilor Moore moved to approve the Mayor, Mr. Dowsett and Ms. Lawson as the signatories.  Councilor Peterson seconded, and the motion carried unanimously on a voice vote. Mr. Dowsett noted that staff was meeting with several agency representatives and the Infrastructure Committee on June 12 regarding the water improvement project.  He mentioned the letter from Community Services Consortium regarding an upcoming meeting for the home improvement loan project and asked if anyone on the Council was interested in acting as a liaison.  Councilor Boehme noted that she had served in that capacity in the past and would be willing to do so again.  Councilor Moore moved to appoint Councilor Boehme, Councilor Peterson seconded, and the motion carried unanimously on a voice vote.  Mr. Dowsett noted a recommendation from the Finance and Administration Committee that the City move their accounts to Lincoln Security Bank.  Following a brief discussion, Councilor Moore moved to transfer the City's monies as soon as possible after the beginning of the fiscal year, leaving the actual date up to the discretion of Ms. Lawson.  Councilor Peterson seconded, and the motion carried unanimously on a voice vote.  Mr. Dowsett's final item was a notice that City had received a grant of $5000, to be used for Crestline Park improvements.  Mayor Lehmann noted that this could be used as matching funds.
    Noting that the Public Hearings were scheduled for 7:30 p.m., Mayor Lehmann opened the Public Hearing on the City of Waldport Budget and State Revenue Sharing for Fiscal Year 2001-2002.  There were no comments.  Mayor Lehmann then closed the Public Hearing.
    At 7:31 p.m., Mayor Lehmann opened the Public Hearing on the Proposed Sewer SDC Rate Increase.  There were no comments.  Mayor Lehmann then closed the Public Hearing.
STAFF REPORTS (Cont.)
    C.    City Attorney:  Mr. Hammersley noted that the court had issued its judgment in regards to the Sagaitis lawsuit, however additional issues would require an executive session.  The Golf Course easements had been obtained and signed, consisting of three sewer line, two access and one pump station easement.  The documents would be recorded as soon as a check could be made.  He noted that the debarment compliance agreement was approved, so the City was no longer on the debarment list.  However, it was on probation for the next three years and would need to comply with requirements, including an confirmation from the operators that there have been no violations in the previous year.  In regards to delinquent utility billings and room taxes, he noted that the City can put together an electronic lien docket and keep it up on the website, which will then be linked at the county and will replace county lien fees.  Mr. Dowsett noted that the only identifying information provided on such a docket would be map and tax lot numbers.  In regards to the attorney fee renewals,  the Council noted they could be forwarded to Mr. Dowsett for signature.
    D.    Public Works Director:  Mr. McClintock mentioned the upcoming meeting on June 12 at 10:00 with the engineers and consultants and members of the Infrastructure Committee.  The engineers suggested that they meet prior in order to prepare for the 10:00 a.m. meeting and proposed 8:30 a.m.  He indicated that he was trying to put together the points of diversion and the Eckman intake.  All the paperwork was done, the Mayor needed to sign the document and then everything would be sent to Water Resources.  He was in hopes that this would go smoothly and that the points of diversion would be shown where they actually are.  Mr. McClintock noted that the City was still running off the impoundments and gravity feed due to the recent rain.  BPA had done two visits to the Wastewater Plant for the free energy efficiency review and will come back in a couple of weeks with a written proposal which may assist the City in saving some money.  Mr. McClintock finished his report by giving a brief review of the cleanup and beautification work being done prior to the Beachcomber Days festival.
    E.    City Engineer:  The Council considered the written report in the packet materials.  There were no comments.
    F.    City Planner:  The Council considered the written report in the packet materials.  There were no comments.
7.    COMMITTEE REPORTS
    A.    Finance and Administration - Draft Minutes of May 8, 2000:  Councilor Boehme noted that she had hand-delivered the letter to the Senior Center Board regarding the casino's request to use the parking lot for the "fun bus".  Starting either the 7th or the 14th of June the bus will stop there in the morning to pick people up and the evening to drop them off.  The participants will be required to use the east side of the parking lot.
    B.    Infrastructure Planning - Minutes of May 1, 2001:  Councilor Moore noted the South County Water meeting would be on June 26th, not the 25th.  He indicated that the work done in Old Town had apparently had a positive impact on the I & I problems there.  Public Works will start the Norwood Drainage project in the next week or two.
    C.    Parks & Recreation - Memo re Unifying Park Standards:  Mayor Lehmann noted the Parks Committee would like all signs to be made out of wood, with yellow lettering, and stained "redwood".  They also recommended that equipment be painted green. She noted that the poles at Keady Wayside needed to be treated with preservative. Councilor Moore suggested they consider installing "gull protectors" on the poles, which might also deter children from playing on the poles.  He also suggested that they consider painting the binoculars green.  Following a brief discussion, Councilor Moore moved to approve the Committee's recommendations, Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
8.    CONSENT CALENDAR:  The Council considered the following:  City Engineer Bill; City Attorney Bill; Proclamation re Beachcomber Days Celebration; Exemption Finding - City of Waldport Public Contract Review Board; Liquor License Application - Hawaii Kai Restaurant; Beachcomber Days Requests, including street closures for John Street and Maple Street, a "car bash", and a skateboard demonstration.  Councilor Moore moved to approve the Consent Calendar, Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
9.    CORRESPONDENCE:  The Council considered the following letters:  City of Yachats re Traffic Calming; CIS re Personal Liability Exposure for Elected Officials; Oregon Housing & Community Services Dept. re CDBG Funding; Community Services Consortium re Regional Revolving Loan Fund; Charter Communications re Discontinuance of ESPNews.  In regards to the request from the City of Yachats, Councilor Moore moved to grant use of the City's speed monitor to them for a few days.  Councilor Welch seconded, and the motion carried unanimously on a voice vote.
10.    INFORMATIONAL ITEMS:  The Council considered the following items:  Municipal Court Reports for April & May, 2001; Senior Center Minutes from May 21, 2001; a Financial Memo; Library Board Minutes/Monthly Circulation Report; Department of Transportation Bicycle & Pedestrian Program; copy of letter to Lincoln Security Bank; and an acknowledgement report from Pinnacle.  In regards to the last item, Mayor Lehmann asked if a copy of the judgment from the Sagaitis lawsuit had been sent to them, Mr. Hammersley confirmed.
11.    PUBLIC HEARING(S)
    A.    City of Waldport Budget Hearing/State Revenue Sharing for FY 2001-2002:  Previously addressed.
    B.    Proposed Sewer SDC Rate Increase:  Previously addressed.
12.    NEW BUSINESS:    
    A.    Consideration of Resolution Adopting a Budget for FY 2001-2002 and Making Appropriations for the City of Waldport:  Councilor Moore moved to adopt Resolution 978.  Councilor Welch seconded.  Mr. Dowsett noted that there were some proposed amendments to the resolution.  Councilor Boehme moved to amend the resolution as proposed (decrease Public Works Beginning Working Capital and Capital Outlay by $25,500; transfer $2,750 from Contingency to Personnel Services in the General Fund Library; and transfer $8,000 from Capital Outlay to Personnel Services in the General Reserve (Park Development) fund).  Councilor Peterson seconded.  Councilor Moore moved to give the Municipal Court Judge a $1 per hour increase and an annual cost of living increase, with the monies to come from Contingency.  Councilor Peterson seconded.  The motion to increase the Judge's wage carried unanimously on a voice vote.  Councilor Moore stated that in regards to the $2,000 allocation to the Chamber, he did not think that the taxpayer should be supporting a few business people.  He would like to see that those monies were earmarked only for the fireworks and the Beachcomber's Days events, which benefit the majority of the taxpayers.  Following a brief discussion, he moved to give the money to the Chamber specified only for those two events.  Councilor Woodruff seconded.  After further discussion, the motion failed, with Councilors Peterson and Moore voting "Aye", Mayor Lehmann and Councilors Boehme, Woodruff and Welch voting "Nay".   The motion on the original amendments then carried unanimously on a voice vote.  The motion to adopt Resolution 978, as amended, then carried unanimously on a voice vote. 
    B.    Consideration of Resolution Declaring the City's Election to Receive State Revenues:  Councilor Moore moved to adopt Resolution 979.  Councilor Woodruff seconded, and the motion carried unanimously on a voice vote.
    C.    Consideration of Resolution Amending Budget for FY 2000-2001 and Transferring Appropriations:  Councilor Moore moved to adopt Resolution 980.  Councilor  Peterson seconded, and the motion carried unanimously on a voice vote.
    D.    Consideration of Resolution Authorizing Signatories and Replacing Resolution No. 967:  Councilor Moore moved to adopt Resolution 981.  Councilor  Peterson seconded, and the motion carried unanimously on a voice vote.
    E.    Consideration of Resolution Establishing Rates, Fees, Charges and Assessments for Water Services:  Mr. Dowsett noted that the Public Hearing regarding the proposed increase had taken place at the last Council meeting.  Councilor Moore moved to approve Resolution 982, Councilor Welch seconded, and the motion carried unanimously on a voice vote.
    F.    Consideration of Resolution Adopting the City of Waldport Speed Ramp Installation Policy:  Councilor Boehme moved to approve Resolution 983.  Councilor  Welch seconded, and the motion carried unanimously on a voice vote.
    G.    Consideration of Resolution Adopting the City of Waldport Street Light Installation Policy:  Councilor Moore moved to approve Resolution 984.  Councilor  Welch seconded, and the motion carried unanimously on a voice vote.
    H.    Consideration of  Resolution Amending Council Rules:  Councilor Welch moved to approve Resolution 985.  Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
    I.    Consideration of Ordinance Amending Title 9 of the Municipal Code (Criminal Trespass and Criminal Mischief):  Councilor Moore moved to read Ordinance 672 by title only for the first and second times.  Councilor Welch seconded, and the motion carried unanimously on a voice vote.  Mayor Lehmann read Ordinance 672 by title only for the first and second times.  Councilor Moore moved to adopt Ordinance 672. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
    J.    Letters of Interest re Committee/Commission Appointments
        1)    Library Board Recommendation:  Councilor Moore moved to appoint Barbara Smith-Huggins to a second term.  Councilor Welch seconded, and the motion carried unanimously on a voice vote.
        2)    Planning Commission Vacancy:  Mayor Lehmann moved  to appoint Art Cvar to the Planning Commission.  Councilor Moore seconded, and the motion carried unanimously on a voice vote.
        3)    Downtown  Revitalization Committee:  Councilor Moore moved to appoint Councilor Woodruff as an alternate on the Committee as per the recommendation in the packet.  Councilor Welch seconded.  Mayor Lehmann noted a concern in regards to proxy votes and whether there should then be alternates proposed for any position on that committee or any other.   Following discussion, the motion failed unanimously on a roll call vote.
    The second issue was the appointment to the current vacancy on the Committee.  Mayor Lehmann moved to appoint Jacquie Tunturi, Councilor Peterson seconded.  Councilor Moore noted that she was a member of the Chamber, and a brief discussion ensued.  Mayor Lehmann noted that the only requirement was residency, there were no other restrictions.  The motion then carried, with Councilors Moore and Woodruff voting "Nay", and Mayor Lehmann and Councilors Boehme, Peterson and Welch voting "Aye".  Councilor Boehme mentioned that another letter of interest had been distributed at the meeting,  Mayor Lehmann noted that the vacancy had now been filled.
    K.    Contract Proposal Award for I & I Project:  Mr. McClintock noted there was a comparison distributed separately.  The proposals were very close, but his  recommendation was to go with InsituForm proposal, as he felt the City would be getting more for its money.   A brief discussion ensued.  Mr. Dowsett noted that the bank had been contacted to let them know that the City wished to proceed as soon as possible.  Mr. Hammersley indicated that the finding which had been approved as part of the Consent Calendar needed to be signed by the Mayor.  Councilor Moore moved to approve the proposal from InsituForm in the amount of $128,881.  Councilor Welch seconded, and the motion carried unanimously on a voice vote.
    At 8:25 p.m. the Council took a 10-minute break.  The meeting reconvened at 8:35.
13.    OLD BUSINESS
    A.    Deliberations on Urban Growth Boundary Expansion:  There were no citizens present to speak to the issue.  City Planner Thompson showed the revised map to the Council.  Mr. Dowsett noted that because there would be an impact on the county, if the Council adopts the findings, it goes to the County and they will either approve or recommend modifications.  State law  also requires that any urban growth boundary expansion in excess of 50 acres has to go to the Land Conservation and Development Commission(LCDC) for approval.  Mr. Hammersley noted that as a result of consultation with representatives from the Department of Land Conservation and Development (DLCD) there were several recommendations included in the findings to make the likelihood of passage greater.  Once the expansion is approved by LCDC, it  will come back in final form to be included in the City's Comprehensive Plan.  Councilor Moore moved to adopt the findings as proposed, Councilor Welch seconded.  The motion then carried unanimously on a voice vote.
    B.    Deliberations on Significant Natural Resources Overlay Zone (Riparian Zone):  The Council invited comments from Mr. Gordon, who was representing Golden West, the owners of the Ocean Hills property.  He addressed the Council in regards to the potential impact on his client's property if the proposed setbacks were adopted.  Mr. Kent Hazelwood, representing Golden West, also addressed the Council in this regard.  They asked that the Council consider adopting the "safe harbor" recommendations from the Division of State Lands, rather than the proposed recommendations from the Planning Commission.  They also asked that the overlay be site-tested prior to implementation, and that site-specific variances be allowed with less stringent requirements than the proposed ordinance contained.  A lengthy discussion regarding the proposed setbacks and potential impact ensued.  Mr. Hammersley noted that the timeframe for a decision on Measure 7 was uncertain, but the City had an obligation to comply with the requirements of Periodic Review.   He recommended that the Council proceed, noting that there were provisions for variances and adjustments for individual properties in the ordinance.  Councilor Moore moved to instruct staff to proceed with the ordinance.  Councilor Peterson seconded.  The motion failed, with Councilors Boehme, Peterson and Welch voting "Nay", Mayor Lehmann and Councilors Woodruff and Moore voting "Aye".  Councilor Woodruff then moved to continue the deliberations to the June 21st agenda for further discussion.  Councilor Welch seconded.  Following a brief discussion, the Council determined that any members who wished to physically view a riparian area and its proposed setback could meet with Mr. Thompson at 3:30 p.m. on June 21 for a short field trip.  The motion to continue the deliberations to June 21st then carried unanimously on a voice vote.
    C.    Deliberations on Proposed Revisions to Development Code:  It was noted that the Council had moved this issue to the 21st of June at 4:30 p.m.
14.    EXECUTIVE SESSION(S):  At 9:30 p.m., the Council recessed into Executive Session, pursuant to ORS 192.660 (1)(h): To consult with counsel regarding current litigation or litigation likely to be filed.  The Council reserved the right to return to open session.
15.    ACTIONS, IF ANY, FROM EXECUTIVE SESSIONS:  At 10:04 p.m., the Council returned to open session.  Mr. Dowsett noted that one issue which needed to be addressed was in regards to the Memorandums of Understanding for both the Road District #3 and Urban Renewal Agency.  Councilor Moore moved to authorize the Mayor to sign both documents on behalf of the City.  Councilor Welch seconded, and the motion carried unanimously on a voice vote.
16.    ADJOURNMENT:  At 10:05 p.m., there being no further business to come before the Council, Councilor Moore moved to adjourn.  The motion was seconded, and carried unanimously on a voice vote.

Respectfully submitted,
Reda A. Quinlan
City Clerk

APPROVED by the Waldport City Council this 21st day of June, 2001.
SIGNED by the Mayor this 3rd day of July, 2001.

Kim D. Lehmann, Mayor

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