NOVEMBER, 2002 COUNCIL MINUTES:

1. ROLL CALL: Mayor Beckstead called the meeting to order at 7:00 p.m. Mayor Beckstead and Councilors Abbott, Woodruff, Peterson, Moore, Welch and Church answered the roll. A quorum was present.
2. CITIZEN COMMENTS AND CONCERNS: Noting that most of the audience was present to speak to the skatepark issue, Mayor Beckstead moved that item up on the agenda to combine it with citizen comments and concerns. The following people addressed the Council: Annie Watson, Judy Vagenas, Jackie Beckstead, Sue Harris, Kaylee Beckstead, Micah Howe, and Brian Kirsch. Mayor Beckstead moved that the Council accept the Crestline location for the skatepark and authorize building as soon as Airspeed is ready. Councilor Church seconded. Councilor Abbott moved to table the issue, indicating that the Planning Commission has not yet made their decision final. Councilor Welch seconded. The motion carried on a roll call vote, with Councilors Abbott, Woodruff, Moore and Welch voting "Aye", Mayor Beckstead and Councilors Church and Peterson voting "Nay". Councilor Welch explained that the Planning Commission had indicated a preliminary rejection of the issue, but had not yet adopted their findings of fact to make the decision official. The City Attorney clarified that the decision won't be final until the Commission accepts the findings of fact, but the City Council did not have to wait to make a decision until then. Discussion ensued. Councilor Church moved to have the City withdraw the application for the conditional use permit on Kendall Field. Mayor Beckstead seconded. Councilor Abbott moved to table, Councilor Woodruff seconded. The motion to table carried on a roll call vote, with Councilors Abbott, Woodruff, Moore and Welch voting "Aye", Mayor Beckstead and Councilors Peterson and Church voting "Nay". Councilor Peterson left the Council meeting at 7:26 p.m. Councilor Welch noted that they were carrying out the process in the code. Councilor Church moved to disband the Siting Committee and place the park on Crestline. The motion died for lack of a second. Britton Meatzie and other members of the Junior League addressed the Council, indicating that they were withdrawing their support of placement of the skatepark on Kendall Field, as they had not understood the option was still available for the Crestline site when they had given their approval. Discussion ensued. Sam Balen, Chair of the Planning Commission, indicated that he doubted the Commission was going to reconsider its decision. Councilor Woodruff asked if the change in location and size of the park would require another hearing. In response to a request from Councilor Welch, Mr. Balen assured them that proper consideration of any additional facts would be given by the Commission at their next meeting. Councilor Church moved that, in light of the withdrawal of support from the Junior League, they put the park on Crestline. Mayor Beckstead seconded. The motion failed, with Mayor Beckstead and Councilor Church voting "Aye", Councilors Abbott, Woodruff, Moore and Welch voting "Nay". The following citizens addressed the Council: Dan Smith, Annie Watson, Michelle Eder, Lana Young, Alan Canfield, Kaylee Beckstead, Staciy Alfano, Britton Meatzie, Sue Harris, Mike Strauss, Jay Beckstead, Judy Vagenas, Jackie Beckstead, Micah Howe, and several others. Following a lengthy discussion, Mayor Beckstead recessed the regular session of the Council, and opened an Executive Session pursuant to ORS 192.660(1)(h) and ORS 192.660(1)(e), regarding potential litigation and acquisition of real property. At 8:40, the Council members moved to the small conference room to meet with the City Attorney. At 8:57 p.m., the Mayor reconvened the regular Council meeting. The Board of the Waldport Junior League addressed the Council. They felt that the Crestline Park location was the only location to have the park and had, by telephone poll, received a majority vote to support the letter which they read into the record. Councilor Welch asked if this had been an informal poll, or had there been a sense of a meeting. They responded that they had a Board meeting at 7:00 that evening at which the issue had been discussed. The telephone poll had been represented as an extension of that meeting. City Attorney Hammersley indicated that the City would have to make its own analysis of the document, but the City could only site a facility on the property with the written consent of the Junior League, or by convincing the School Board to terminate the lease with a 90-day notice and then entering into a lease with the City. As long as the Junior League was in possession of the property, they had veto power if they chose to exercise it. Following a brief discussion, Councilor Abbott moved that, conditional on receiving a formal letter from the Junior League with the signatures of a majority of the board, the City proceed with siting the skatepark facility at the Crestline Park property. Councilor Moore seconded. Following a brief discussion, the motion carried, with Mayor Beckstead and Councilors Abbott, Woodruff, Moore and Welch voting "Aye", Councilor Church voting "Nay". He explained that he was willing to accept the letter as presented that evening. The Junior League assured the Council that the formal letter would be forthcoming.
    At 9:05 p.m., the Council took a 15-minute break. The meeting was reconvened at 9:20 p.m.
    Ms. Leonard asked if the Council would give direction for staff to proceed with the skatepark relocation and resizing issue at the Crestline Park property. Councilor Welch moved to proceed. Councilor Woodruff seconded. The motion carried unanimously. Councilor Abbot moved to direct the City Planner to represent the City at that meeting. Councilor Woodruff seconded, and the motion carried unanimously on a voice vote.
CITIZEN COMMENTS AND CONCERNS, Cont.
A. Letter from Dean and Francey Elliott: Mayor Beckstead noted that there had been a meeting of concerned citizens, and the City Planner was also pursuing enforcement of the nuisance ordinance in the Old Town area.
    Susan Flowers, part of the campaign to raise funding for the LINT Team, noted that with the failure of the measure, the Council needs to think about other ways that the "meth" problem can be addressed. There would be a meeting at the Performing Arts Center the following Wednesday, and she urged anyone interested to attend.
    Robert Pearson, representing Lincoln Community Dispute Resolution, distributed brochures regarding the program and noted that they were available for all citizens. Mayor Beckstead noted the proclamation in the packet materials, and proclaimed November as "Mediation Month".
    Art Cvar addressed the Council, indicating that the previous month he had come before them with a concern about material found in his water lines. He stated that the City was not at fault, it appeared that the material was coming from a faulty dip tube in his water heater. He thanked Mr. McClintock for arranging to have the pipes flushed, and Mr. Alfano for providing the research material. There had been a class action lawsuit instituted, and he was pursuing the issue with the manufacturer.
    Agenda Item 11B was moved up to accommodate the representatives from ODFW. Doug Caldwell and Tami Wagner addressed the Council. They noted that there had been more social problems with the bears in the past couple years than in the previous six. Many of the calls are from new residents, unfamiliar with how to coexist with bears. The transfer station was not "bear-proof", and many residents also left their garbage unsecured. Another problem was with people feeding wildlife, especially raccoons. Trapped bears were only relocated under rare circumstances, most of them had to be euthanized. They suggested that the City consider creating an ordinance that thoughtfully deals with the issue of feeding wildlife in the City limits. Several communities have such ordinances. At present, they estimated that there were about eight bears within the city limits, and the "problem bear" is usually a young male, on its own for the first time. Ms. Wagner noted that the City's current nuisance ordinance did have a "blanket clause" for unenumerated nuisances which may help to address the situation. She also suggested that the City encourage the transfer station to do something to secure the facility, and direct people to control their garbage. Staff will review the draft ordinances and come up with a recommendation for one that would be effective for this community. Mayor Beckstead cited a concern regarding the annual wounding and slaughter of seagulls, cormorants, crows and other birds which wash up on the beaches during the autumn months.
3. COUNCIL COMMENTS AND CONCERNS: Councilor Moore noted that he heard comments and threats made against the Council, and had been through eight years of those types of comments. He felt it was a vocal minority that evening, and hoped that the Council would not set a precedent but would abide by the laws they have in place.
4. MINUTES: The Council considered the minutes from the October 3 and October 23, 2002 meetings. Councilor Moore moved to approve both sets of minutes as presented. Councilor Church seconded, and the motion carried unanimously on a voice vote.
5. STAFF REPORTS:
A. Sheriff: The Council noted receipt of the written report.
B. City Administrator: Ms. Leonard noted that she had received a letter from Mr. Hamilton, County Surveyor, who would be surveying the 804 trail through town. They will be doing aerial photography of the entire trail system.
C. City Attorney: Mr. Hammersley noted that the Supreme Court had found Measure 7 unconstitutional.
D. Public Works: Mr. McClintock reported that the concrete work for the Raw Water project was 90% complete. They would be pouring the concrete for the retaining wall and the sedimentation basin the following day. The lines had been installed. He noted that the Wastewater Treatment Plant had passed the review and audit of the NPDES permit, and are conforming with the parameters of the permit. He had been called for a meeting in Salem regarding the paving of Highway 34 from Bay Street to McKinney Slough. There was also a separate project to repave the rest of Highway 34 for about 20 miles east. Whether the State did anything with Red Ditch, the paving project would proceed. ODOT's consultants were asking for documentation from the City on why Red Ditch should be culverted and filled, and Ms. Leonard was working on that letter. Mitigation in Lint Slough may be one option. Councilor Church asked about the last tsunami siren, and Mr. McClintock responded that it was operational and had been turned over to the fire district. There would be a county-wide tsunami drill sometime soon.
7. COMMITTEE REPORTS:
A. Finance and Administration: It was noted that the Committee had recommended the Council consider allowing electronic payments for utility customers. Councilor Woodruff moved to allow users to make electronic payments if they so desire. Councilor Abbott seconded, and the motion carried unanimously on a voice vote. Staff will set up the program.
B. Infrastructure Planning: No meeting.
C. Parks & Recreation: It was noted that the minutes were distributed in the supplemental packet materials. There were no questions.
D. Traffic Safety: No meeting.
E. Economic Development: No meeting.
8. CONSENT CALENDAR: The Council considered the following items: City Engineer bill; Preston, Gates, Ellis bill; Intergovernmental Water Consortium bill; and City Attorney bill. Councilor Moore moved to approve the Consent Calendar. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
9. INFORMATIONAL ITEMS: The Council considered the following items: Library Minutes and Monthly Circulation report; Grant Status report; Planning Commission minutes from 08/27, 09/24 and 10/22/02; Article from Oregon Business Magazine re Vacationing in Waldport; and 2001/2002 & 2002/2003 Assessment & Taxation Data for City of Waldport. There were no questions.
10. PUBLIC HEARING: None.
11. NEW BUSINESS:
A. Request from Alan Pieper re McKinley's Marina: Staff notified the Council that this issue had been removed from the agenda at the behest of the requestor.
B. Presentation from ODFW re Bear Population in City Limits: Previously addressed.
C. Presentation from Oregon Dispute Resolution Commission and Adoption of Proclamation re Mediation Month: Previously addressed.
D. Consideration of Ordinance Amending Section 16.28.020 of the Waldport Municipal Code: Mr. Cvar asked to address the Council regarding this issue. He indicated that he had concerns about the attorney's memo, and felt that adoption of the ordinance without proper notification and a public hearing circumvented the process. He asked that the Council consider holding a public hearing prior to adoption of the ordinance. Following a brief discussion, Councilor Moore moved to table the issue to the next Council agenda and to advertise a public hearing. Councilor Woodruff seconded, and the motion carried, with Mayor Beckstead and Councilors Abbott, Woodruff, Moore and Welch voting "Aye", Councilor Church voting "Nay".
E. Consideration of Surplus Property Resolution: Councilor Moore moved to approve Resolution No. 1020, Councilor Church seconded. The motion carried unanimously on a voice vote.
12. OLD BUSINESS: Skatepark Discussion: Previously addressed.
13. EXECUTIVE SESSION(S): At 10:30 p.m. the Council adjourned to Executive Session, pursuant to ORS 192.660 (1)(i). The Council reserved the right to return to open session.
14. ACTIONS, IF ANY, FROM EXECUTIVE SESSION: None.
15. ADJOURNMENT: At approximately 11:00 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 meeting to order at 6:00 p.m. Mayor Beckstead and Councilors Abbott, Woodruff and Welch answered the roll. Councilors Peterson, Church and Moore were absent. A quorum was present.
2. CITIZEN COMMENTS AND CONCERNS: None.
3. COUNCIL COMMENTS AND CONCERNS: None.
4. CONTINUATION OF PUBLIC HEARING: Mayor Beckstead reopened the Public Hearing. Cliff Collard, representing Mr. & Mrs. Battles, briefly addressed the Council. He had contacted Mr. Klosterman from the East Fork Corporation, regarding some of Mr. Battles concerns. Mr. Collard stated that the Battles are not adamantly opposed, but are not in favor of the LID at the present time. Mayor Beckstead asked if the questions from the previous hearing had been answered. Mr. Collard responded that the potential easement through Ocean Hills had not been addressed and probably could not be, at least until the property has been developed. There is nothing the City can do about this issue at present. Regarding the concern about whether other properties would be allowed to hook up and take advantage of the project, Ms. Leonard had assured them that only owners within the LID could make use of the additional capacity and the language would be in the ordinance. The issue regarding whether it was really fair, to the extent that the project was to rectify past design errors, to impose those costs on the owners within the LID has not been addressed, though the City would be justified in saying that the grant goes toward the cost of the project. Mayor Beckstead asked whether the decision of the Council would be challenged, if the Council went ahead and approved the LID at the December meeting. Mr. Collard responded that his instructions were to maintain the Battle's objection, but with the understanding that there were not enough objections to require the project to be tabled. They were just concerned that it was not a good time economically, but also recognized that costs would only go up and the grant monies might not be available in the future.
    There were no other comments. Mayor Beckstead closed the Public Hearing, and stated that the deliberations would take place at the December 5, 2002 City Council meeting.
5. OTHER ISSUES: None.
6. ADJOURNMENT: At 6:14 p.m., there being no further business to come before the Council, Councilor Welch moved to adjourn. Councilor Woodruff seconded, and the motion carried unanimously on a voice vote.

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