March, 2001 Council Minutes

MARCH 26, 2001

MARCH 1, 2001

1.    ROLL CALL: Mayor Lehmann called the meeting to order at 7:00 p.m. Mayor Lehmann and Councilors Woodruff, Boehme, Peterson, Moore, Welch, and Church answered the roll.    A quorum was present.
2.    CITIZEN COMMENTS AND CONCERNS: None.
3.    COUNCIL COMMENTS AND CONCERNS: Mayor Lehmann noted receipt of a letter from Congresswoman Hooley regarding possible project funding. She suggested that the Infrastructure Committee look at the issue. Councilor Moore moved to give the list of projects to the Infrastructure Committee to review. Councilor Boehme seconded, and the motion carried unanimously on a voice vote. Mayor Lehmann stated that Waldport received a $13,764 grant for the triathalon put on by the Chamber from the RIB monies. She had given a copy of the application to the Council on Tuesday, and asked if it could be placed on the agenda for approval. Council Moore moved to put the application on the agenda under "New Business". Councilor Welch seconded, and the motion carried unanimously on a voice vote. Councilor Moore gave a brief explanation of the role of committees according to the City Charter, indicating that they were appointed by the Council to act in an advisory capacity. He noted that there was a petition being circulated about the recent actions of the Council and the Parks Committee. Councilors Moore, Church and Welch voiced concerns in regards to the wording of the petition, including the statement that the City would have to reimburse the grant monies if Keady Wayside was not completed. Councilor Woodruff noted that she had made the motion to delay the grant and clarified that the Council was not stopping the process, but just wanted to review the plan. Councilor Boehme reiterated her concern regarding the long-range plans for maintenance. Mayor Lehmann noted that she should have used the word "could" rather than "would" in the petition. She distributed and read a portion of the November, 2000 Council meeting minutes regarding the discussion of Keady Wayside, noting that the Infrastructure Committee had been asked to obtain plans for the proposed restrooms. Councilor Moore noted that they had done so. Further discussion ensued, no action was taken.
4.    MEETING MINUTES: The Council considered the minutes from the February 1, 15, and 21, 2001 meetings. Councilor Moore moved to approve the minutes as presented, Councilor Boehme seconded, and the motion carried unanimously on a voice vote.
5.    STAFF REPORTS:
    A.    Sheriff's Report: Councilor Welch noted that he had asked about a kidnapping charge from the previous report, and wondered about the seriousness of the crime. Lt. Stallard responded that this was related to a family dispute, there was no indictment due to the charges being dropped.
    B.    City Administrator: Mr. Dowsett stated that the previous New Councilor Training had been expanded to include not only Councilors but other appointed and elected officials as well as staff. He suggested that if anyone was interested in attending a session, they should contact Ms. Lawson to sign up. Mr. Dowsett gave a brief review of the conference he and Mr. Cerbone had attended the previous week, which he felt was very productive. Part of the conference included a pilot program called "Operation Jumpstart" which would bring in approximately $28,000 worth of expertise to assist the Revitalization Committee in developing a concept plan more quickly, possibly by July of 2001. He noted that the Waldport Urban Renewal Agency had approved an expenditure of $1,500 in order to have the City participate. The next meeting would be March 13, and a representative from Rural Development Initiatives would be present to get the process underway.   Mayor Lehmann thanked Mr. Dowsett for his efforts on the City's behalf.
    Noting that the City had announced the opportunity for public comments on parks, Mayor Lehmann opened the subject at 7:30 p.m. The following citizens addressed the Council in regards to concerns and what they would like to see at Keady Wayside: Jan Power, 225 SE Maple;   Betty Lattie, 200 SW Maple; Stella Ross, 1490 NW Sarkesian Drive, Seal Rock; Joanne Cvar, 165 SE Rose St.   Mayor Lehmann then thanked the citizens for their input, and asked that Mr. Dowsett continue with his staff report.
STAFF REPORTS, Continued:
    B.    City Administrator (Continued): Mr. Dowsett noted that he had met with both the Infrastructure Committee and Finance and Administration Committee in regards to funding for the East Basin I & I project, which he deferred to the Infrastructure Committee report. He informed the Council that the City Clerk would not be present at the April 5, 2000 meeting, but Alsea Cable would be taping the meeting. Mr. Dowsett noted that the Council had previously deferred deliberations on the Riparian Zone, Urban Growth Boundary and revisions to the Development Code to the March 1, 2001 meeting although staff had omitted the topic on the agenda. He recommended deferring the deliberations to the June 7, 2001 meeting, which might provide enough time to get a better feel for the potential effects of Measure 7. City Attorney Hammersley concurred with the recommendation. Councilor Moore moved to table all three topics to the June 7, 2001 meeting. Councilor Welch seconded, and the motion carried unanimously on a voice vote. Mr. Dowsett noted that another topic which had not been included on the agenda was a determination whether the City would be a participant in the Central Coast Water Council. He had received a request from Mr. Sasaki for a response by March 31, but not all of the Council have seen the document or had discussion. He recommended deferring the topic to the April meeting and indicated he would notify Mr. Sasaki of the delay. Councilor Welch noted that it appeared there was no serious disagreement from the Council in regards to participating, and moved to place the issue on the April 5, 2001 agenda for review. Councilor Moore seconded the motion. Mr. Hammersley asked if the Council wished to have both the agreement and the ordinance together on the agenda, there were no objections. The motion then carried unanimously on a voice vote.
    C.    City Attorney: Mr. Hammersley noted that the prima facie hearing on Handy Haven had been held on February 12, 2001, and Mr. Dowsett and Ms. Lawson had testified on behalf of the City. The judgment for approximately $10,000 had not yet been entered because of a pending Chapter 11 bankruptcy. However, the City had received notice of discharge, so the judgment was now before the judge. The City should hear something soon. Mr. Hammersley noted that because of the dismissal, the sale had been reset to March 23. He suggested an executive session if the Council wished to take action in order to preserve its position.
    D.    Public Works Director: Mr. McClintock announced that the crew now has uniforms and are wearing them. The City had agreed to purchase caps, jackets and shirts and the staff have bought their own sweatshirts. He gave a brief update on the biological assessments, indicating that the City should have the document in two or three weeks. Mr. McClintock stated that the crew will be flushing the water system in about three weeks, they will post notices and put an announcement in the newspaper. The second tsunami siren is hooked up, the City will conduct a "mini-test" the following day, with a full bore test on Friday, March 9 at 11:00 a.m. The preparation work for the concrete at Meridian Park was finished, and the crew will pour next week if weather permits. Mr. McClintock noted that the Lincoln County Juvenile Service Program had provided some people to do weeding at the Senior Center this weekend, they would work at City Hall the following weekend. Mayor Lehmann noted that a caller on the talk show at KORC had commented on the dedication and hard work of the Public Works crew. She also asked about a small ceremony to dedicate the sidewalk at Meridian Park, Mr. McClintock indicated he would let her know when the concrete was ready.
    Mr. Dowsett reminded the Council of the deadline of March 13, at 5:00 p.m. to get applications in for the vacancy on the Council.
    E.    City Engineer Report: The Council considered the written report in the packet materials. No action was needed.
    F.    City Planner: The Council considered the written report in the packet materials. No action was needed.
6.    COMMITTEE REPORTS:
    A.    Finance and Administration: Councilor Peterson noted that the Committee met that morning and had discussed the Sheriff's budget amounts for the following year. Consensus of the Committee was to pass along the proposed amount of $198,021 to the Council for approval. Mr. Dowsett noted that the costs will not exceed that amount. Councilor Church moved to approve the proposed amount, not to exceed $198,021 and Councilor Boehme seconded. Discussion ensued regarding the contract. Councilor Peterson noted that the contract discussion would continue, with opportunity for citizen involvement. Councilor Moore clarified that the issue before the Council at present was the dollar amount of the contract, to be included in the upcoming budget process. Following further discussion, the motion carried unanimously on a voice vote. A brief discussion ensued regarding an ordinance to prevent skateboards on private property open to the public. The Finance and Administration Committee will continue work on the issue and bring to the Council.
    B.    Infrastructure Committee: A brief discussion ensued regarding obtaining a "tax free" loan to accomplish Public Works projects. Councilor Moore moved to direct Mr. Dowsett to proceed with negotiating the loan arrangements for $250,000, and authorize the $1500 expenditure for the bond counsel's opinion. Councilor Welch seconded, and the motion carried unanimously on a voice vote. Councilor Moore then proceeded to give an update on public works projects. He noted the recent meeting with Southwest Lincoln County Water District and indicated that the Infrastructure Committee had recommended appointing Councilors Moore and Church to a committee to discuss south county water and water problems. Councilor Welch moved to appoint them. Councilor Woodruff seconded, and the motion carried unanimously on a voice vote. Mr. Dowsett noted that the City of Yachats had shown interest in participating on the committee as well, although the issue has not yet been presented to their Council. Mayor Lehmann noted that the City of Yachats was grateful for the assistance provided by our Public Works crew the previous weekend, when a serious sewer problem had been repaired with their help.
    C.    Parks and Recreation: Mayor Lehmann noted the minutes from the January 16, 2001 meeting in the packet. Councilor Welch indicated he appreciated the inclusion of the art selection process guidelines. Mayor Lehmann showed the Council the eagle carving which she and her husband purchased for installation at Keady Wayside, suggesting that a fish carving might be appropriate for the next one. She stated that Keady Wayside was not a forum for any political or religious views. The Committee had suggested one possible solution to the current poles surrounding the viewing platform would be to use the City's own cedar trees from the proposed skateboard park area and the adjoining 15 acre parcel. Mr. Cerbone has located enough trees to complete the project, and selective cutting was supposed to be part of the long-term plan for those parcels. John McClintock noted the tree cutting could be accomplished in-house, at a definite cost savings. Councilor Welch noted that since he was the one who asked for the delay, he should be the one to make the motion. He then moved that the currently installed creosoted telephone poles be removed and replaced with clean, new poles within the architect's specifications, and that the viewing telescopes be installed. Councilor Woodruff seconded. A brief discussion ensued regarding the placement and number of poles. Councilor Peterson suggested an alternative of wrapping the existing poles with rope, to cover the creosote and create a sort of maritime or nautical theme. He indicated he was against removing the existing poles and would be in favor of the City trying to work with what was already in place. The motion then carried, with Mayor Lehmann and Councilors Woodruff, Boehme, Welch, Moore and Church voting "Aye", Councilor Peterson voting "Nay". Councilor Moore moved to approve the proposed Keady Wayside Viewing Platform Interaction Art Process, including a prohibition of any religious symbols. Councilor Welch seconded. Mayor Lehmann noted that the process included the fact that the decisions would be made by the Parks Committee, the Council would not approve the individual projects. The motion carried, with Mayor Lehmann and Councilors Woodruff, Boehme, Welch, Moore and Church voting "Aye", Councilor Peterson voting "Nay". Mayor Lehmann gave a brief review of the SOLV "Down by the River" project.
7.    CONSENT CALENDAR: The Council considered the following items: City Engineer invoice and bill from Economic and Financial Analysis. Councilor Moore moved to approve the Consent Calendar. Councilor Woodruff seconded, and the motion carried unanimously on a voice vote.
8.    CORRESPONDENCE: The Council considered letters from the following: Lincoln Security Bank and Sandy Staples. Mayor Lehmann moved to write a letter thanking Lincoln Security Bank for their efforts and giving permission for them to landscape the City's property adjacent to them. Councilor Moore seconded, and the motion carried unanimously on a voice vote.
9.    INFORMATIONAL ITEMS: The Council considered the following: Municipal Court report from January, 2001; Senior Center minutes from February 12, 2001; and a financial memo. No action was needed.
10.    NEW BUSINESS:
    A.    Keady Wayside Improvements: Previously discussed.
    B.    City Council Rules: Councilor Welch indicated that he had included a proposed motion in the packet materials to clarify the consensus or general consent parliamentary procedure, and explained that this was used for routine issues. He noted that silence would not indicate agreement. Mayor Lehmann asked if it were the prerogative of any member of the council to ask for a vote on an issue. Mr. Hammersley recommended that the Council follow Public Meetings Law. Following a brief discussion, Councilor Welch asked that Mr. Hammersley draw up a one-paragraph statement that would reference the Public Meetings Law to incorporate into the Council Rules. Mr. Hammersley agreed to do so. In regards to the agenda format, Councilor Moore noted that the agenda should include all items, as the Council could waive anything on the agenda if they wished to do so. The Council was agreeable to that interpretation.
    C.    Letters of Interest for Board, Committee and Commission Vacancies: Councilor Moore moved to appoint Ray Bregenzer to another year on the Budget Committee, Councilor Peterson seconded, and the motion carried unanimously on a voice vote. Councilor Moore moved to appoint Britton Meatzie to the Planning Commission. Councilor Welch seconded. Mr. Dowsett noted that although Mr. Meatzie was outside the City limits, he was within the current Urban Growth Boundary and was therefore eligible to be on the Planning Commission, according to the City's Code. The motion then carried unanimously on a voice vote.
    D.    Reschedule Request for Joint Meeting with County Planning Commission: Councilor Boehme moved to reschedule the meeting to November 28, 2001. Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
    E.    Consideration of Resolution Amending Water Systems Development Charges: Councilor Moore moved to adopt Resolution 970, Councilor Church seconded, and the motion carried unanimously on a voice vote.
    F.    COG Transportation and Human Resource Update: Councilor Welch noted that the protected left turn for Range Drive was still included in the plans. He gave a brief review of concerns about Governor Kitzhaber's budget proposal to cut assistance for senior citizens to help with household chores. Councilor Welch felt that this was a crucial program which affects the ability of older citizens to stay in their homes longer. He indicated that he would be lobbying against the proposal.
    G.    Triathalon Grant: Mayor Lehmann noted this item was asking the City to approve the award of the RIB grant, and accepting it in the amount of $13,764 to be used for the "Ride, Run & Row" triathalon. Councilor Moore moved to so approve, Council Church seconded, and the motion carried unanimously on a voice vote.
    Mr. Hammersley noted that a judgment in the Handy Haven case was anticipated prior to the sale of the property, however, since the first position required such a large amount of money he was not recommending that the City participate.
13.    EXECUTIVE SESSION: Not necessary.
14.    ACTIONS, IF ANY, FROM EXECUTIVE SESSION: None.
15.    ADJOURNMENT:   At 9:20 p.m., there being no further business to come before the Council, Councilor Moore moved to adjourn. Councilor Peterson seconded, and the motion carried unanimously on a voice vote.

Respectfully submitted,
Reda A. Quinlan
City Clerk

APPROVED by the Waldport City Council this 5th day of April, 2001. SIGNED by the Mayor this this 5th day of April, 2001.

Kim D. Lehmann, Mayor

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1.    ROLL CALL: Mayor Lehmann called the meeting to order at 5:38 p.m. Mayor Lehmann and Councilors Boehme, Church, Moore, Welch and Woodruff, and Laypersons Bregenzer, Campbell, Howell and Tryon answered the roll. Councilor Peterson and Laypersons Havens, Pompel and Rivers were absent. A quorum was present.
2.    NOMINATIONS FOR BUDGET CHAIR: Mayor Lehmann called for nominations for Budget Chair. Mr. Moore moved to appoint Mayor Lehmann as the Chair. Ms. Tryon seconded. There were no other nominations. The motion to appoint the Mayor as Chair then carried unanimously on a voice vote.
3.    PUBLIC HEARING: Mayor Lehmann opened the Public Hearings on the 2001-2002 City of Waldport Budget and State Revenue Sharing. Mr. Dowsett noted his Budget Message was included in the budget document. There were no questions. The public and interested outside agencies were invited to comment on the budget document and uses for State Revenue Sharing. Judy Vagenas, Britton Meatzie and Phillip Russell, representing the Waldport Chamber of Commerce, addressed the Committee in regards to their proposal, which was asking for a contribution of $2,000 to assist them in promoting the City throughout the State of Oregon. A brief discussion ensued regarding the uses of Room Tax revenues. There were no other comments. Mayor Lehmann then closed the Public Hearing and recessed the deliberations until the Public Hearings on the Road District #3 and Waldport Urban Renewal Agency Budgets were done.
4.    DELIBERATIONS: At 6:04 p.m., Mayor Lehmann reconvened the City of Waldport Budget Committee meeting. Mr. Bregenzer moved to approve the budget as presented. Mr. Moore seconded. The committee then took up discussion of the General Fund.
    Ms. Lehmann moved to amend the budget to put $1000 into the Elections line item, and to reduce the transfer to Self-Insurance from $15,000 to $14,000. Mr. Moore seconded. The motion carried unanimously on a voice vote. Ms. Lehmann moved to place $4500 into Community Contributions to be allocated as follows: $1,500 to the Chamber of Commerce, $200 to RSVP, $300 to Senior Meals, $500 to Senior Companion, $1,000 to Contact and $1,000 to Contingency, and to reduce the Transfer to Self-Insurance by the $4500. Ms. Tryon seconded. Following discussion, Mr. Campbell moved to amend the motion to allocate the full $2,000 originally requested by the Chamber. (This had the effect of reducing the proposed allocation to Contingency to $500.) Mr. Welch seconded. Further discussion ensued. The amendment to the motion then carried, with Ms. Lehmann, Ms. Boehme, Mr. Welch, Ms. Woodruff, Mr. Campbell, Mr. Howell and Ms. Tryon voting "Aye", Mr. Moore, Mr. Bregenzer and Mr. Church voting "Nay". The main motion, as amended, then carried, with Ms. Lehmann, Ms. Boehme, Mr. Church, Mr. Moore, Mr. Welch, Ms. Woodruff, Mr. Campbell, Mr. Howell and Ms. Tryon voting "Aye", Mr. Bregenzer voting "Nay". Mr. Moore moved to have the Budget Committee make a recommendation to the City Council that the transient room tax be raised from 6% to 7%. The motion died for lack of a second. Mayor Lehmann confirmed that the proposed $15,000 Transfer to the Self-Insurance Fund was reduced to $9,500 by the actions of the Committee. Mr. Church moved to reduce the allocation to Memberships, ICMA/OCMA by $100 and to allocate that $100 to Memberships, Chamber of Commerce. Mr. Welch seconded, and the motion carried unanimously on a voice vote. In regards to the Self-Insurance Fund, Mr. Moore moved to transfer the remaining $9,500 from Self-Insurance into General Fund Contingency. Mr. Church seconded, and the motion carried unanimously on a voice vote. Mr. Moore moved to reduce the Transfer to New Library Building by $1,000 and to move that allocation into General Fund Contingency. Ms. Tryon seconded. The motion carried, with Ms. Lehmann, Ms. Boehme, Mr. Moore, Mr. Welch, Mr. Bregenzer, Mr. Campbell, Mr. Howell and Ms. Tryon voting "Aye", Mr. Church and Ms. Woodruff voting "Nay". Ms. Lehmann moved to transfer $1,000 from General Fund Contingency to the Park Development Fund, earmarked for a skatepark. Mr. Welch seconded. Following a brief discussion, the motion carried unanimously on a voice vote. Jill Tierce was present to address any questions in regards to the Library Fund. She noted that the current fiscal year was the last year that the Library would be acknowledging the CRSN fees which were paid by the District on behalf of the Library. The contract amount would reflect the actual 3% increase in the District allocation. She clarified that the Youth Center contributions were acknowledged in miscellaneous receipts, they were billed for one-third of the electric and water bills. Following a review of the Library Fund, Mr. Moore moved to close the New Library Reserve and move that allocation to the General Fund Contingency. The motion failed for the lack of a second. Discussion ensued regarding the remainder of the General Fund, no further action was taken.
    At 7:41 p.m., having completed discussion of the General Fund, the City of Waldport Budget deliberations were recessed in order to complete the Budget meetings for Road District #3 and Urban Renewal.
    At 7:48 p.m., the Budget meeting was reconvened to discuss the Public Works Funds. Mr. McClintock gave a brief review of the projects and anticipated expenditures for the upcoming year. Discussion of the various funds ensued. Mr. Dowsett explained that the Storm Water Fund was a new fund which had been proposed to be included in the budget document for discussion. Mr. Moore moved to table the discussion of the new fund to the next budget process. Mr. Church seconded, and the motion carried, with Ms. Boehme, Mr. Church, Mr. Moore, Mr. Welch, Ms. Woodruff, Mr. Bregenzer, Mr. Campbell, Mr. Howell and Ms. Tryon voting "Aye", Ms. Lehmann voting "Nay". Mr. Moore moved to transfer the loan from the Stormwater Fund back to the Street Fund. Mr. Welch seconded, and the motion carried, with Ms. Boehme, Mr. Church, Mr. Moore, Mr. Welch, Ms. Woodruff, Mr. Bregenzer, Mr. Campbell, Mr. Howell and Ms. Tryon voting "Aye", Ms. Lehmann voting "Nay". The Committee then reviewed the remainder of the budget document. Mr. Moore moved to consider the main motion as amended and to approve the proposed budget and recommend its adoption to the City Council. Ms. Boehme seconded, and the motion carried unanimously on a voice vote. Mr. Moore moved that the City of Waldport Budget Committee approve taxes for the 2001/2002 fiscal year at the rate of $2.3328 per $1000 of assessed value for operating purposes, and in the amount of $132,493 for the payment of bond principal and interest. Mr. Welch seconded, and the motion carried unanimously on a voice vote. Mr. Moore moved to approve the State Revenue Sharing and recommend its adoption to the City Council. Mr. Welch seconded, and the motion carried unanimously on a voice vote. The Committee thanked Mr. Dowsett and Ms. Lawson for the preparation of the budget document.
5.    ADJOURNMENT: At 8:26 p.m., there being no further business to come before the Budget Committee, Mr. Moore moved to adjourn. The motion was seconded, and carried unanimously on a voice vote.