DECEMBER, 2002 COUNCIL MINUTES:

DECEMBER 11, 2002

DECEMBER 5, 2002

1. ROLL CALL: Mayor Beckstead called the meeting to order at 7:00 p.m. Mayor Beckstead and Councilors Woodruff, Peterson, Moore, Welch and Church answered the roll. Councilor Abbott was absent. A quorum was present.
2. CITIZEN COMMENTS AND CONCERNS: None.
3. COUNCIL COMMENTS AND CONCERNS: Mayor Beckstead presented a plaque of appreciation to Councilor Moore. Councilor Moore expressed his appreciation to the Council and City staff during his tenure. The Council individually expressed their appreciation for his efforts on behalf of the City. Councilor Woodruff noted that the date discussed for the City Christmas party was pretty well taken up with other events. She moved to do the same as had been done the previous year, which was to give the employees gift certificates to Ray's Food Place. Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
4. MINUTES: The Council considered the minutes from the November 7 and November 20, 2002 Council meetings. Councilor Moore moved to approve the minutes as presented, Mayor Beckstead seconded, and the motion carried unanimously on a voice vote.
5. STAFF REPORTS:
A. Sheriff: Sergeant David Carey addressed the Council. He indicated that Sergeant Jozwiak will be spearheading the citizens patrol efforts, and the contract deputies will also be liaisons. Councilor Welch expressed a concern that there was only one speed violation citation last month, and in the previous couple months there had not been more than three. He was concerned that traffic control overall was decreasing. Sergeant Carey indicated that he would forward that concern to Sheriff O'Brien.
B. City Administrator: Ms. Leonard noted that she really had nothing to report, but thanked Councilor Moore for all his work and asked that she be allowed to contact him in the future for information and background on various issues.
C. City Attorney: Mr. Hammersley indicated he had been contacted by Mr. Belmont regarding the Solid Waste franchise, and had provided the City's current franchise information to him. He noted that he had one item for executive session.
D. Public Works Director: Mr. McClintock also thanked Councilor Moore for all his efforts. He noted that he would like to see more rain, as the City was back on the impoundments. The best news he had received so far this month was that the extensions on the City's two water permits on Eckman Creek are both now good until October 21, 2021. The City has certifications on both Weist Creeks, and the only one outstanding is the one on Southworth Creek. Councilor Welch asked if there was any vulnerability on obtaining the certification for Southworth Creek, as it was the only one where the City has not made any improvements. He indicated that this was vital to the City's long-term water needs. Mr. McClintock responded that the City needed to be ready with a plan when the question is asked. He reported that they were working on the UV system at the Wastewater Treatment Plant, slowly rebuilding the entire disinfection system a piece at a time. Apparently, the UV system was flooded when the plant first came on-line, which had led to the necessity for rebuilding.
6. COMMITTEE REPORTS:
A. Finance and Administration: It was noted that the minutes from the last meeting were in the packet materials.
B. Infrastructure: No meeting had been held.
C. Parks: Councilor Woodruff provided the City Attorney with a volunteer form used by SOLV for his review.
D. Traffic Safety: No meeting had been held.
E. Economic Development: Councilor Woodruff reviewed the meeting on the 3rd of December. There had been a good turnout for the open house. The next step is refinement of the ideas, and then there will be an agency meeting with ODOT to review the proposals. The final plans will allow the City to go out for funding. Councilor Welch noted that the meeting focused mainly on Highway 101 and whether it should remain a four-lane highway through town or whether it could be reduced to three lanes. The reduction in the number of lanes would have a calming effect on traffic, but ODOT was concerned about traffic backup on the bridge. Councilor Welch pointed out that the four lanes now were reduced to two lanes at the south end of town by the seawall.
F. Youth Report: Mayor Beckstead noted that the youth representative was not present.
7. CONSENT CALENDAR: The Council considered the following items: Acceptance of Abstract of Votes from November 5, 2002 election; City Engineer Bill, Approval of Audit for Fiscal Year 2001/2002. Councilor Moore moved to approve the Consent Calendar. Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
8. CORRESPONDENCE: None.
9. INFORMATIONAL ITEMS: The Council considered the following items: Library Board Minutes; Grant Status Report; Draft Planning Commission Minutes from November 21, 2002; and Senior Advisory Board Minutes from November 18, 2002. There were no comments.
10. PUBLIC HEARING: At 7:30 p.m. Mayor Beckstead opened the Public Hearing on Proposed Code Revisions. City Administrator Leonard explained that this code revision will permit a mixed commercial/residential use in a C-1 zone. The current code allows residential use and commercial use, but requires a conditional use permit for a mixed commercial/residential use. Ms. Leonard stated that the goal of the City should be to promote such uses, consistent with other areas within the State. No public comments were made. Mayor Beckstead closed the Public Hearing and reopened the City Council meeting.
11. NEW BUSINESS:
A. Consideration of Ordinance Amending Waldport Municipal Code (Allowing Mixed Residential/Commercial Uses in a C-1 Zone): Councilor Moore moved to read Ordinance No. 685 by title only twice. Councilor Welch seconded. The motion carried unanimously on a voice vote. Mayor Beckstead read Ordinance No. 685 by title only twice. Councilor Moore moved to approve Ordinance No. 685 as read, Councilor Church seconded. The motion carried unanimously on a voice vote.
B. Deliberations on LID for South Sewer Improvements: Ms. Leonard noted that two hearings had been held, allowing the public the opportunity to give input. This process also had given the City the opportunity to properly identify properties and the number of ERUs, and correct any deficiencies or errors in the report. She reported that the Nature Conservancy, by its nature, has no ERU, and there were a few other properties which had been reviewed and the number of ERUs reduced. She indicated the testimony portion of the LID had been closed at the last meeting, and it was time for the Council to deliberate. Councilor Moore asked about the process for the removal of the Dahl property. Ms. Leonard responded that when the property was originally included, the engineer was assuming that the upland properties would have an opportunity for a gravity flow to the Ocean Hills pump station. The Dahl property had been initially included for that reason. However, they were the only property that had a choice in which way they wished to go, and they decided not to use the gravity flow route because of the distance involved. They would rather put in their own pump station and bring the sewage along Crestline Drive, where the system currently stopped at the Elementary School. Discussion ensued regarding what would happen at a later date if Mr. Dahl decided to hook into the system by another route. Consensus of the Council was that the City should draft a letter of understanding to send to Mr. Dahl, incorporating all of the City's concerns. Ms. Leonard noted that, overall, the LID process had gone very smoothly. Councilor Moore asked if Ms. Leonard felt the people in the LID understood that this would not bring sewer to their properties. She responded that the people she had spoken with appeared to understand it, though she could not speak for all of them. Councilor Moore clarified that this was the first step in a two-part process, and the actual provision of sewer would probably result in another LID. Councilor Woodruff asked if everyone understood that by saying nothing they were consenting to the LID. Ms. Leonard responded that she felt they did, but again could not speak for all of them. Councilor Moore moved to proceed with the LID. Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
C. Review of Raw Water Improvements: Councilor Moore asked about the 29% increase in the project, as noted in the memo. Mr. McClintock explained that this was only an estimate, and he hoped that after conferring with the City Administrator and the City Engineer, the number will go down. There had been unforeseen additional costs for the relocation of the sedimentation basin, due to the demands of the property owner of the original site. The relocation had also resulted in a need for re-engineering, and additional contractor costs, as well as installation of a retaining wall. Another factor was the cost of water pipe, which had gone up 35%, and was anticipated increase again next year. He was negotiating with the contractor on the prices, had reviewed the issue with the Finance and Administration Committee, and had a list of components from the engineer. He and Ms. Leonard would be reviewing that list for possible deletions to help bring the costs down.
D. Consideration of Resolution No. 1021, Authorizing and Approving a Line of Credit from Umpqua Bank: City Attorney Hammersley noted his memo in the packet, and indicated he had reviewed the loan documents. The first set was not at all favorable to the City, but they had provided a more favorable document. He cautioned that there are default provisions, if the City doesn't make payments there are collection fees and attorney fees, but overall he had no problem with the agreement. His recommendation was to proceed with signing the loan documents. Councilor Moore asked about the original line of credit with Lincoln Security Bank, and Ms. Leonard confirmed that this had never been completed. The City had gotten a loan, but not a line of credit. She was pleased that Umpqua Bank was allowing the City to do this. Councilor Woodruff asked if the payments would be made out of the Water Fund, and Ms. Leonard responded that they would actually be coming from OECDD as requests for payment were made. Councilor Moore moved to approve Resolution No. 1021, Councilor Welch seconded, and the motion carried unanimously on a voice vote.
E. Crestline Park Clearing and Construction: Councilor Welch noted that Mr. McClintock has conferred with the City Planner and as soon as Airspeed returns, they will meet. There will be a conditional use hearing in front of the Planning Commission on December 11th. Mr. McClintock indicated that he had looked at the site, and the City Planner has already marked the trees to be removed. There were actually two plans for tree removal, depending on which way the skatepark facility is sited. Mayor Beckstead stated that he had been contacted by Mr. Dahl, who looked at the south end and had been concerned about the large trees and extensive work that would have to be done to utilize the originally proposed site. He had agreed that the north end would be much easier to build on. Councilor Church noted that Ms. Vagenas was still the contact person with Airspeed, and he felt it was time for the City to take over that role. Mayor Beckstead indicated that the City has been fortunate to have Ms. Vagenas take on that task, but also stated that any actual decisions would be handled by the City. Councilor Peterson asked if the City would be responsible for maintenance, and Mayor Beckstead responded that the facility would be maintained by the skateboarders themselves. He confirmed with the City Attorney that governments are immune from injuries incurred on public recreation facilities, and Mr. Hammersley also noted that the City could shut the facility down if problems arose. Councilor Peterson stated that if a private developer had come to the City as unprepared as the City has been, they would have been told to come back when they had concrete plans. He then announced that he was pulling his support from the skatepark.
F. Consideration of Draft Ordinance Amending Chapter 1.08 of the Waldport Municipal Code: Staff indicated the only reason it was described as a "draft" ordinance was that the ordinance itself had not been reviewed by committee. However, the Finance and Administration Committee had reviewed the issue and suggested the amendment. Councilor Moore moved to read Ordinance No. 686 by title only for the first and second readings. Councilor Church seconded. The motion carried unanimously on a voice vote. Mayor Beckstead read the ordinance twice by title only. Councilor Moore moved to approve Ordinance No. 686 as read, Councilor Peterson seconded. Councilor Woodruff explained that the ordinance had arisen out of citizen frustration with the process for nuisance abatement, where as long as the offender removed the nuisance, there was no penalty. However, there were also no provisions made in the current code for repeat offenders. The motion carried unanimously on a voice vote.
    Mayor Beckstead read a proclamation for "Matt Jarvis Day". Chuck Voss addressed the Council, noting that Mr. Jarvis had sold the radio station and would be moving from the area. The Boosters were planning a celebration on December 17 to commemorate Mr. Jarvis and thank him for his many contributions to the community.
12. OLD BUSINESS: None.
13. EXECUTIVE SESSION: At 8:15 p.m., 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 topic was the property for the Eckman Creek pump station. The Council reserved the right to return to open session.
14. ACTIONS, IF ANY, FROM EXECUTIVE SESSION: None.
15. ADJOURNMENT: At 8:37 p.m., there being no further business to come before the Council, the meeting was adjourned.