1.    ROLL CALL: Mayor Beckstead called the meeting to order at 7:00 p.m. Mayor Beckstead and Councilors Abbott, Woodruff, Peterson, Moore and Welch answered the roll. Councilor Church was absent. A quorum was present.
2.    CITIZEN COMMENTS AND CONCERNS: Annie Watson, representing the Chamber of Commerce, spoke regarding an upcoming auction and ice cream social at St. Lukes to benefit Dr. Frame who had been recently diagnosed with ALS. She also mentioned that a local teacher had asked her to bring up the issue of a teen court/accountability team for youngsters. Mayor Beckstead suggested that the teacher speak with him and Mr. Abbott about this, as it had been a topic at the last South County Livability Issues Group meeting. The last issue she addressed was that there would be a general membership meeting on August 8 at the Evening Star Inn. She extended an invitation to the Council and all who serve on subcommittees, as they could then help to update the Chamber on ongoing issues.
    Susan Swander addressed the Council regarding her proposal to do a memorial for September 11. She asked if the City could consider allowing the ceremony to take place on some public property, and felt it would be a nice way to come together as a community and allow people to do something with the feelings they may have as a result of the experience a year ago. A brief discussion ensued. Councilor Welch moved for the location of the memorial at Keady Wayside Park. Councilor Moore seconded. The particulars of the memorial would be worked out between the citizens involved and the Parks Committee. The motion carried unanimously on a voice vote.
3.    COUNCIL COMMENTS AND CONCERNS: None.
4.    MINUTES: The Council considered the minutes from the July 2, July 10 and July 24, 2002 Council meetings. Councilor Moore moved to approve the minutes as presented. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
5.    STAFF REPORTS:
    A.    Sheriff: Lt. Stallard addressed the Council. He distributed an end of the fiscal year statistical report to show the work performed by the Contract Deputies. Noting that they had a new computer system, he provided a report for the month of June for the contract deputies, showing every incident and a brief summary of the actions taken. He asked that the Council review the report and he would be happy to answer any questions. Councilor Moore asked about the status of the person who had vandalized the church property. Lt. Stallard responded that the person had been charged with two counts of Criminal Mischief, and has pled guilty, but has not yet been sentenced. Councilor Welch indicated he would draft a letter to the Lincoln County Circuit Judge, urging that the matter be addressed promptly. Councilor Welch also expressed a desire for all available reports from the new computer system, which will assist in his work on the upcoming workshop regarding performance review for the Sheriff's Department. Lt. Stallard reported that he had submitted a request to the County Commissioners to surplus the working radars, and once they have been declared surplus they can be donated to the City.
    B.    City Administrator: Ms. Leonard reported that the potential RARE applicants had been interviewed and she would be making a decision shortly. The person would start work in October.
    C.    City Attorney: Mr. Hammersley reported that the Sagaitis appeal was scheduled for August 15. He had received news that the City of Gresham and the League of Oregon Cities had filed a motion to make argument which has been denied by the Court of Appeals, though the amicus brief had been accepted. It may be that the additional information may not be required, or the importance does not merit additional argument. Mr. Hammersley was continuing work on the EPA compliance audit due in October. Mayor Beckstead will contact him regarding a time for taking the class.
    D.    Public Works Director: Mr. McClintock reported that the City was still running off the Wiest Creek impoundments. The Water Master Plan draft had been recently received from Dyer, and Mr. McClintock noted that the Conservation and Curtailment Plan was incorporated into the document and was currently being reviewed. The pump station and sedimentation basin project had gone to bid, with a prebid conference set for Tuesday, August 6. The bid opening would be August 14. The City has a signed construction easement for the pump station, and he would be meeting the property owner the following day for negotiation on the sedimentation basin. The crew had begun installing the waterline that day, and had about 700' in the ground so far. Two major sources of I & I had been located and repaired on Alder and Spring Streets. The facultative sludge lagoon was down about 12 inches so far, and Mr. McClintock anticipated that in about two weeks the City should be able to locate and repair the leak in the wall. The City was working on the Bicycle/Pedestrian grant from the corner of Cedar Street to Range Drive along Crestline. There would be a meeting on August 7 with representatives from ODOT, ODFW and other agencies regarding environmental concerns surrounding Red Ditch. The Infrastructure Planning Committee would be in attendance at that meeting.
    E.    City Planner: Ms. Leonard noted that the Planning Report was in the packet materials.
6.    COMMITTEE REPORTS:
    A.    Finance and Administration: Councilor Peterson deferred the report to Councilor Woodruff, who noted that one recommendation from the Committee had been to adopt the proposed revisions to the Council Rules. The second recommendation was that the City not consider adoption of a Transient Rental Licensing Policy at this time.
    B.    Infrastructure Planning: Councilor Moore indicated that they had just met the previous Tuesday, and the main topic of discussion had been the South Sewer Project and LID. The Committee had reviewed the draft document, and would be forwarding a recommendation to the Council at the September 5 meeting. Copies of the report will be provided to the Council prior to that meeting. Ms. Leonard is going to be meeting with the property owners and information will be provided to the public regarding the necessity for the project. The Committee felt it was important to get the information out to the public to ensure that everyone understands the advantages of pursuing the project, which would be funded by grant monies, an LID, and a revenue bond. Ms. Leonard will provide a staff report prior to the September meeting. Mayor Beckstead also mentioned the proposition of the engineer from Ocean Hills regarding an access road from Highway 101 to Crestline Drive, and Councilor Moore indicated that the consensus of the Committee had been to continue with the original proposal for the Whitecap location. The other topic of discussion had been the Water Project, which Mr. McClintock had reviewed in his report.
    C.    Parks & Recreation: Councilor Woodruff indicated that the Committee had not met the previous month. Councilor Moore asked about the weeding at Meridian Park. It was noted that there was money in the Parks Fund, but no one has volunteered to take on the project.
    D.    Traffic Safety: Councilor Welch reported that he and Mr. McClintock had been asked to look into the concern from Alsea Highlands regarding vehicle length. They had measured the road and could not see any strong, compelling reason to limit the length of trucks as there is an entrance as well as an exit, and though the area to turn a truck around was limited, that was the case with most of the streets in Waldport. They had also looked at the shoulder area on Crestline Drive near Cedar where there is a precipitous dropoff. The recommendation was to put up markers, as there is no real area for installing a guard rail. Mr. McClintock noted that this was one of the places where a lot of work had been involved in compacting and rerocking the area. They may be able to install pilings in the future, but the project would be expensive.
    E.    Economic Development: The minutes from the meeting were in the packet. There were no comments.
7.    CONSENT CALENDAR: Councilor Moore moved to approve the City Engineer bill. Councilor Welch seconded, and the motion carried unanimously on a voice vote. Councilor Moore then moved to approve Resolution 1011, a resolution rescinding Resolution 710. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
8.    CORRESPONDENCE: The letter from Susan Swander had been previously discussed.
9.    INFORMATIONAL ITEMS: The Council considered the Library Board minutes from June 11, 2002 and the Board Policies; the Planning Commission minutes from July 23, 2002; and a grant status report. No action was necessary.
10.    PUBLIC HEARING(S): None.
11.    NEW BUSINESS: The Council considered the proposed changes to the Council Rules. Councilor Woodruff moved to adopt the revisions as proposed. Councilor Abbott seconded, and the motion carried unanimously on a voice vote. Staff noted that there would be an adopting resolution on the September agenda.
12.    OLD BUSINESS: Discussion ensued regarding the proposed locations for the Skatepark. Councilor Abbott reported that the Site Committee had tried to gather real facts, measurements, etc. As there had been significant interest in locating the facility in the downtown area, they had reviewed all the possible locations. The Committee felt that there were only two viable locations at this time, the Crestline location or the end of John Street near the old Middle School. The Committee proposed that the Council accept both sites as viable locations, with ground preparation to begin in December on whichever site was finally chosen. Councilor Abbott moved to accept the downtown location as the first priority, the Crestline location as the second priority. Councilor Welch seconded. Councilor Abbott confirmed that there would need to be a Conditional Use hearing for the John Street site. Following a brief discussion, the motion carried unanimously on a voice vote. Mayor Beckstead asked how this would affect the contract, and Ms. Vagenas indicated Airspeed would be comfortable going ahead with the contract, and would build it wherever the City wanted, with whatever funds were available by December 1. She reported that they were at 79% of their goal of $115,000, and she would be concentrating on fundraising efforts in the next month. The contract would be available the last week of August for Mr. Hammersley to review, and, if approved, could then be presented to the Council at their September meeting.
13.    EXECUTIVE SESSION(S): At 8:03 p.m., Mr. Hammersley noted that the Council would be going into Executive Session pursuant to ORS 192.660(1)(e): To conduct deliberations with persons designated by the governing body to negotiate real property transactions.
14.    ACTIONS, IF ANY, FROM EXECUTIVE SESSION: At 8:10 p.m. the Council returned to open session. Ms. Leonard indicated that a motion was needed to ratify the sale of the Rebel Road property. Councilor Moore moved to instruct staff to prepare a resolution to authorize the sale, and to authorize the Mayor to sign the resolution and deed transfer documents. Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
15.    ADJOURNMENT: At 8:11 p.m., there being no further business to come before the Council, the meeting was adjourned.

1.    CALL TO ORDER AND ROLL CALL: Mayor Beckstead called the special meeting to order at 10:00 a.m. Mayor Beckstead and Councilors Abbott, Woodruff, Moore and Welch answered the roll. Councilors Peterson and Church were absent. A quorum was present.
2.    DISCUSSION/ACTION ITEMS:
    A.    Consideration of Resolution Regarding Raw Water Easement: Ms. Leonard gave a brief review of the history of the issue, noting that the one property owner with whom they had been negotiating appeared to be asking for far more than the worth of the requested land. Passage of the resolution would allow the City to acquire the area within the existing easement by negotiation or by condemnation if the negotiation did not work. The compensation for the loss would probably be $100 - $200, which was what would be offered to the entities involved. The fenceline around the sedimentation basin would delineate the footprint of the condemnation. Once the resolution is passed, the work can commence and the condemnation details will happen as the time goes on. The only thing to be decided would be the amount of compensation, not whether or not the condemnation can take place. Mr. McClintock stated that the alternate site would have required a temporary construction easement one of the property owners and would further have required a geotechnical survey due to the location and the weight of the concrete and water. Councilor Moore moved to approve Resolution 1012. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
    B.    Engineer Recommendation for Awarding of Bid: Ms. Leonard explained the bid process. Mr. McClintock noted that Triad had performed the work on the Red Ditch Pump Station. Councilor Moore moved to accept all bids. Mayor Beckstead seconded. The motion carried unanimously on a voice vote. Councilor Moore then moved to award the contract to Triad. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
    C.    Other Issues: Mayor Beckstead noted receipt of the staff memo regarding the Planning Commission decision on the City's conditional use permit. Councilor Welch suggested that the Council take the issue under their own motion to review the issue and make a decision. Ms. Leonard will contact the City Attorney to determine the process for appeal.
3.    ADJOURNMENT: At 10:25 a.m., there being no further business to come before the Council, the meeting was adjourned.

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