MAY, 2001 COUNCIL MINUTES:
MAY 3, 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: Mayor Lehmann read
the letter from Gene and Pat Thomas regarding the Public Work's response to
their recent problem.
3. COUNCIL COMMENTS AND CONCERNS: Mayor Lehmann
noted receipt of a suggestion from Mr. & Mrs. Smallwood regarding automated
payments for utility bills. She suggested that the issue be turned over to
Finance and Administration for further study. The Council was agreeable.
Mayor Lehmann noted that Ray Bregenzer had given notice that due to health
reasons, he would need to resign from the Economic Development Committee.
Councilor Moore noted that Mr. Bregenzer had been very active on many boards
and committees throughout the years, and suggested that the public may want to
thank him when they see him. Mayor Lehmann asked that the vacancy on the
committee be advertised. She suggested that a joint meeting be set up for the
third Thursday in August with the City of Yachats. Mayor Lehmann moved to set
up the meeting, Councilor Moore seconded, and the motion carried unanimously
on a voice vote. Councilor Boehme noted that there was now a bill in front of
legislature to require tsunami sirens all along the coast, and praised
Councilor Welch for his dedication to the city's siren system.
4. MINUTES: The Council considered the minutes from
the March 26, 2001 and April 5, 2001 meetings. Councilor Moore moved
to approve the minutes as presented. Councilor Woodruff seconded the
motion, which carried unanimously on a voice vote.
5. STAFF REPORT:
A. Sheriff: Council noted receipt of the
report in the packet materials.
B. City Administrator: Mr. Dowsett
indicated that there were actually two issues under the waterline
interconnection/intergovernmental agreement. He noted that the bond counsel
had rendered a verbal consideration that the City could proceed with the
financing through Lincoln Security Bank. There would be a meeting at Oregon
Coast Community College regarding the future of the Waldport Ranger Station
and Doris Tai had asked that Mr. Dowsett and possibly two other people might
want to attend. Councilor Moore consented to go, and they would also ask the
vice-chair of the Economic Development Committee. Mr. Dowsett and Councilor
Welch will be attending another discussion meeting with Toledo, Yachats,
Southwest Lincoln Water District and Seal Rock for regional water systems.
Mayor Lehmann noted that the city of Yachats had obtained a RIB grant to
intertie with Southwest Lincoln Water District. Mr. Dowsett noted that the
City of Toledo had also obtained a $25,000 grant to look at improvements for
their raw water system. Mayor Lehmann stated that RIB would be getting
additional monies and the City may want to consider applying. Councilor
Boehme noted that Bob Warren from Oregon Economic Development Department was
interested in attending the next meeting and asked that Mr. Dowsett notify him
of the meeting. Mr. Dowsett noted that a request from Chinook Winds had been
distributed, asking if they could use the Senior Center parking lot on
Thursdays for their "fun bus". He suggested that Councilor Boehme carry the
request to the next Senior Board meeting. The Council agreed. Mr. Dowsett
noted that Mr. Cerbone had asked that he address a TGM grant proposal, which
had been distributed to Council at the meeting. Mr. Cerbone wanted to
know if it was permissible for him to apply. Mayor Lehmann moved to apply for the grant, Councilor Welch
seconded. Councilor Church noted that the match could be in-kind rather
than money. The motion carried unanimously on a voice vote. Mr. Dowsett
informed the Council that he would be attending the Homebuilders meeting on May
8, and would be out of the office.
Mayor Lehmann noted the arrival of Lieutenant
Stallard, who apologized for his late arrival due to stopping an intoxicated
driver on his way to the meeting. He distributed Sheriff O'Brien's written
response to the concerns of the Council. Mayor Lehmann suggested that any
questions or concerns regarding the response be directed to the Finance and
Administration Committee. A brief discussion ensued regarding community
policing. Councilor Church noted that there was a special police group in
Ashland that patrolled that had uniforms and radios but were not issued guns.
He suggested that the Sheriff look at doing something similar with the new
reserve program. Councilor Welch expressed a concern regarding the large number
of drug "busts" in recent history, and Lieutenant Stallard concurred, noting
that the problem used to be distributing drugs manufactured elsewhere but now it
appeared that they were learning how to manufacture their own. However, the
number of people involved was not excessive, although the danger to the public
was greater due to the nature of the chemicals involved. Councilor Welch
praised the department for their assiduous pursuit of these labs.
Noting that the Public Hearing on water rates was
scheduled for 7:30 p.m., Mayor Lehmann opened the Public Hearing and asked that
Mr. Dowsett give a preliminary statement. He explained that the proposed
increases had come from an analysis performed by Economic Financial Analysis.
The City had the study since September, but the proposed rate increase did not
need to take place until 2001, which is why the public hearing had not been
scheduled prior. He explained that the increase would affect larger than 3/4"
meters as well as a 7.5% increase in the volumetric rate and reviewed the
introduction and summary of the report.
The Council noted receipt of a letter from Dan
Sagaitis regarding the rate increase. Maj Britt Fredrickson addressed the
Council in regards to the proposed increase in water rates, noting a concern
that she felt she was being singled out for a higher rate and expressing
frustration with treatment from staff. Richard Martin addressed the Council,
thanking them for their time and effort on behalf of the City and praising the
Public Works crew for their good work. He expressed concern that the only
reason that the City was considering a rate increase was because other water
districts were raising theirs. There were no other public comments. Mayor
Lehmann then closed the Public Hearing.
STAFF REPORTS, cont.
C. City Attorney: Mr. Hammersley noted
that the Handy Haven foreclosure sale required an executive session. A third
amended complaint had been filed in the Sagaitis case. He also noted that the
judge had not signed off on the Handy Haven case either. On the debarment, a
final form of compliance had been signed by the Mayor and there was a resolution
in the packet to adopt an environmental policy. In regards to the skateboard
memo contained in the packet, he had discussed the issue with Lt. Stallard and
Mr. Dowsett and the recommendation was that the City consider signage with the
appropriate ORS statute as an alternative to a skateboard ordinance. This would
still protect the property owner and the Sheriff's office had assured him that
they would be able to enforce the issue. In his opinion, the issue involved
private property as opposed to public property, so this might be a better way of
handling the issue. Councilor Peterson explained that the intent was to offer a
tool for private property owners to cite offenders into municipal court. Mr.
Dowsett noted that part of the problem was that the offenses were occurring
outside of regular business hours which made it difficult to enforce an
ordinance. The signage would allow the sheriff's department to cite them into
district court any hour of the day or night. Discussion ensued regarding
keeping the citations local and through municipal court rather than district
court. Mr. Hammersley agreed that the City could adopt the state statute and
also then address the issue of public property. He noted that he needed
direction regarding which areas might need to be prohibited. Further discussion
ensued. Mr. Dowsett noted that the City also had a parental responsibility
ordinance which might assist in enforcement. Councilor Boehme suggested that
the City consider using the signage first, and wait until the skateboard park is
built to determine if there was a need for further ordinances. Councilor Boehme
moved to adopt the state skateboard recommendation. Ms. Thueson
expressed concern that this would not be sufficient and described current
problems that they were experiencing with signage being removed. Councilor
Church seconded the motion. Councilor Moore noted that the original
intent was to cite them locally, so that they appeared before the municipal
court judge. If they were cited into district court, the sheriff officer would
have to go to court. The motion failed, with Councilor Boehme voting
"Aye", Mayor Lehmann and Councilors Woodruff, Peterson, Moore, Welch and Church
voting "No". Councilor Peterson then moved to adopt an ordinance to
decriminalize the state statute for all public and private property and cite the
offenders into municipal court. Councilor Woodruff seconded. Mr.
Hammersley clarified that this included damage to public property and violation
of trespass and damage to private property. Councilor Peterson added personal
injury and private property damage. Ms. Thueson asked that rollerblades and
bicycles be added to the list. Discussion ensued. Councilor Peterson
modified his motion to limit it to private property. Councilor Woodruff
seconded the amendment. The amendment carried unanimously on a voice
vote. The main motion, as amended, then carried unanimously on a voice
vote.
Mr. Dowsett clarified that there would be no
decision made on the water rate increase at this evening's meeting.
Mr. Hammersley noted that he would be attending
the City Attorney's meeting the following day, at his own expense. Mr. Dowsett
would be attending at Yachat's expense. One main topic of discussion would be
Measure 7.
D. Public Works Director: Mr. McClintock
thanked the Council for acting quickly on his requested equipment purchases of
the dump truck and trailer. Public Works had been approached by the Skateboard
Park committee to utilize the equipment for Beachcomber Days for a simulation of
a half-pipe in the parade. Councilor Moore moved to allow the request.
Councilor Church seconded and the motion carried unanimously on a
voice vote. Mr. McClintock noted a meeting the following Monday in regards to
the Eckman Creek to water treatment plant portion of the project. Interested
state agencies would be involved in the meeting. He noted that the PUD had
contacted him in regards to provision of 5000 water conservation kits to
conserve hot water/energy. They were asking that the City contribute half of
the cost per kit ($2). The Council determined not to participate in the
program. He had also been contacted by the PUD to do a free efficiency
evaluation at the water and wastewater plants. The Council determined that a
motion was not necessary to approve the free evaluation. Mr. McClintock noted
recent paving in the Old Town area, and indicated he had received an email
regarding the Range Drive left turn lane, still scheduled for completion in
2002. Susan Swander asked that the street sweepers start a little later in the
morning. Mr. McClintock apologized, noting that the work was supposed to be
done the evening before. The failure of the tsunami siren was due to a faulty
phone line which has now been fixed. There would be another test in the near
future. Regarding Range Drive, Councilor Welch noted that the County had set
aside over $90,000 for the project, and the County and ODOT would be bearing the
cost for the left turn project. Mr. McClintock noted that Range Drive will be
straightened to state and county specifications, then the City would take over
the maintenance. The third tsunami siren will be installed up river in the near
future, somewhere near Lint Slough. Councilor Peterson asked that Public Works
patch the crossing at Peterson Park. Mr. McClintock noted that he would take
care of it the following day.
E. City Engineer: The Council noted
receipt of the written report. No action needed.
F. City Planner: The Council noted
receipt of the written report. No action needed.
6. COMMITTEE REPORTS:
A. Finance and Administration: Councilor
Peterson mentioned that the issue of skateboarding had been discussed. He asked
that the Council consider reactivation of the Peterson Park Road District. Mr.
Dowsett noted that a memo had been drafted regarding this for the next Finance
and Administration meeting. Following a brief discussion, it was determined
that the committee would further discuss the issue and forward a recommendation
to the Council.
B. Infrastructure Committee: Councilor
Moore noted that Mr. McClintock had been in discussion with the raw water
customers and the issue was progressing. They had their first meeting with the
representatives from the Yachats, Southwest Lincoln and Waldport water boards.
They will cycle the meetings and wherever it was located would be responsible
for advertising. He noted that the Infrastructure committee suggested that Mr.
McClintock discuss with the City of Yachats the possibility of costsharing and
joint work on projects. Consensus of the Council was that Mr. McClintock
proceed with the dialogue and bring the information back to the Infrastructure
Committee. Councilor Moore noted that Mr. Dowsett had been in meeting with
state agencies regarding the water master plan and the need for updating the
plan in include the current projects and the water source siting study. Mr.
Dowsett was in the process of pursuing grant monies, and the City Engineers had
proposed an approximate cost of $45,000 for the update. Mr. Dowsett noted that
the scope of services showed that the master plan needed a major revision. He
noted that the State, and the Forest Service might be interested in contributing
to the expense as a result of revisions in State rules regarding water rights.
The current grant/loan package was not dependent on the revision, but precipated
the realization that it needed to be done. Councilor Moore moved to
direct staff to pursue a funding package, Councilor Church seconded. The
motion carried unanimously on a voice vote.
C. Parks and Recreation: Mayor Lehmann noted the memo
regarding the Rebel Road property in the Council packet. Councilor Moore asked
whether utilities were present on the property, Mr. McClintock responded that
water went by the property but a meter was not installed. Mr. Dowsett noted
that the process was to declare the property surplus before determining value.
Councilor Moore moved to proceed with the potential sale. Councilor
Boehme seconded. Councilor Peterson mentioned that the probable value
was around $40,000 for the lot, with water to the property line and a potential
view, as well as the aesthetic value of the trees. The motion then carried
unanimously on a voice vote.
D. Traffic Safety Committee: Councilor Welch noted
that they had considered the speed ramp installation policy as drafted, and
recommended it for adoption by the council. Deputy Endicott and Fire Chief
Grimm believed that the speed bumps had been effective on Maple Street in
lowering the speed without affecting emergency vehicles. However, they would
not like to see them any higher. Deputy Endicott had asked about Pacific View
Street, wondering if it could be graded. Mr. McClintock noted that it had been
done that day. In regards to tsunami sirens, Chief Grimm did not feel that the
volunteers could participate in traffic control other than placing the emergency
vehicles in key places. If a sheriff's deputy were available, they would focus
on the major tie-up point of Cedar and Crestline. Councilor Welch mentioned a
potential of involving Public Works crew in non-dangerous areas such as
Crestline and Grade School parking lot for traffic assistance and suggested that
they participate in drill situations. The Committee had looked at current
Waldport emergency plans which are old and need to be updated. Among other
things, the recommendation was that the Elementary School on Crestline Drive be
used for emergency operations for city as well as police and fire services.
Councilor Moore moved to give the updating project to the Traffic Safety
Committee. Councilor Boehme seconded, and the motion carried
unanimously on a voice vote. In regards to the Speed Ramp Policy, Councilor
Moore moved to adopt the policy, with staff to work on how it would be
accomplished, either by ordinance or resolution. Councilor Woodruff seconded.
Mayor Lehmann noted the lack of public input other than immediately affected
properties. She moved to amend the motion to include a public hearing at
the committee level. Councilor Moore seconded. The motion to amend
carried unanimously on a voice vote. The original motion, as amended, then
carried unanimously on a voice vote.
7. CONSENT CALENDAR: The Council considered the
following items under the Consent Calendar: City Engineer bill; City Attorney
bill; a proclamation for the Great Garage Sale; and a proclamation regarding
Emergency Medical Services Week. Councilor Moore moved to approve the
Consent Calendar. Councilor Peterson seconded, and the motion carried
unanimously on a voice vote.
At 9:05 p.m., the Council took a break. The
meeting was reconvened at 9:15 p.m.
8. CORRESPONDENCE: The Council considered the
following: a letter from ODOT regarding the City's Transportation Plan; and a
letter from Community and Economic Development regarding community needs and
issues projects. No action was needed.
9. INFORMATIONAL ITEMS: The Council considered the
following items: Municipal Court Report from March, 2001; Senior Center Minutes
of April 16, 2001; a financial memo; Library Board Minutes/Monthly Circulation
Report; Lincoln County Transit Budget for 2001-2002; Report from Alan Brown re
Waldport Town Hall Meeting; an email re Skatepark donations; OHCS Notice re
Upcoming Meetings; OLCC License Renewals. No action was needed.
10. PUBLIC HEARING(S):
A. Supplemental Budget: Mayor Lehmann
opened the Public Hearing on the Supplemental Budget at 9:15 p.m. No one was
present to speak to the issue. Mayor Lehmann then closed the Public Hearing.
B. Proposed Water Rate Increase:
Previously addressed.
11. NEW BUSINESS:
A. Consideration of Resolution re
Supplemental Budget : Councilor Moore moved to approve Resolution
#973. Councilor Boehme seconded. Following a brief discussion, Mayor
Lehmann noted that any unspent monies could be moved back into the General
Fund. The motion carried, with Mayor Lehmann and Councilors Moore,
Boehme, Woodruff, Church, and Welch voting "Aye", Councilor Peterson voting
"Nay".
B. Consideration of Resolution re Special
City Allotment for Street Improvements: Councilor Welch moved to approve
Resolution #974. Councilor Moore seconded. Mr. Dowsett noted that the
City would wait to get the money before making the improvements. The motion
carried unanimously on a voice vote.
C. Consideration of Resolution re
Authorizing and Approving Line of Credit: Councilor Moore moved to
approve Resolution #975, Councilor Boehme seconded. Councilor Moore
applauded Mr. Dowsett's work in obtaining the line of credit. Mr. Dowsett
explained the terms of the agreement, and indicated that he would like to draft
a letter to the bank to thank them for all their assistance. Mayor Lehmann
asked to include thanks for the landscaping as well. Mr. Dowsett indicated
that this was subject to the bond counsel's approval, and Mr. Rogers had assured
him that as long as the monies were used for capital projects for Public Works,
it will meet the criteria. Councilor Welch noted that the monies would be used
for the I & I improvements. The motion then carried unanimously on a
voice vote.
D. Consideration of Resolution Adjusting
Land Use Action Fees: Mr. Dowsett noted that this came from the December City
Council meeting, where the Council made the decision to index future planning
fees. Councilor Moore moved to adopt Resolution #976. Councilor
Peterson seconded, and the motion carried unanimously on a voice
vote.
E. Consideration of Resolution Adopting
City of Waldport Environmental Policy: Councilor Moore moved to adopt
Resolution #977. Councilor Woodruff seconded, and the motion carried
unanimously on a voice vote.
F. Consideration of Wastewater Utility
Financial Plan and Rate Analysis: Councilor Moore moved to instruct
staff to go through notification procedure for an increase in the sewer rates,
and adopt the methodology of Mr. Bartlett's report, using the current billing
structure rather than going to an EDU. Councilor Welch seconded, and the
motion carried, with Mayor Lehmann and Councilors Peterson, Boehme,
Moore, Welch and Church voting "Aye", Councilor Woodruff voting "Nay".
12. OLD BUSINESS:
A. Cooperative Agreement (Urban Services
Agreement): Councilor Moore moved to have the Mayor sign the agreement
on behalf of the City. Councilor Peterson seconded, and the motion
carried unanimously on a voice vote.
B. City Engineer Contract Renewal:
Councilor Moore moved to approve renewal of the contract at the current
rates. Councilor Welch seconded. Councilor Woodruff asked about the RFP
process and Mr. Dowsett explained that the Council could consider that at any
time with notice given to Dyer. The motion then carried unanimously on a
voice vote.
C. Proposed Amendment to Council Rules:
Councilor Peterson moved to approve the change to the Council Rules.
Councilor Welch seconded, and the motion carried unanimously on a
voice vote.
13. EXECUTIVE SESSION: At 9:32 p.m., there being no
further business to come before the Council, 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. The Council reserved the
right to return to open session.
15. ACTIONS, IF ANY, FROM EXECUTIVE SESSIONS: None.
16. ADJOURNMENT: At 9:45 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 7th day of June,
2001.
SIGNED by the Mayor this 8th day of June, 2001.
Kim D. Lehmann, Mayor