OCTOBER, 2002 COUNCIL MINUTES:

OCTOBER 3, 2002

1.    CALL TO ORDER AND 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: Mayor Beckstead read the letter of concern from residents of Sa-Da-Munn into the record and noted receipt of additional letters from two high-school students who had written about concerns regarding youth issues. Ms. Leonard noted that she had spoken with Mr. Bailey from Sa-Da-Munn regarding the fence, and recommended that the Urban Renewal Agency address the issue.
    Sue Groshong, resident of Sheppards Point, noted that Marge Kauffman was the individual who had donated the Crestline park property. The City has been waiting for a park for a long time and she hoped the skateboard park would be part of it.
    Tia Brown read her prepared letter into the record regarding concerns about the attitude of people towards youth.
    Art Cvar addressed the Council regarding problems with sediment in his pipes, noting that the work on the water pipes seemed to contribute to the problem. He noted that if it came to the point where work needed to be done on his water system, he would be approaching the City for remuneration. Mr. McClintock indicated that they could flush the system up there again. Mayor Beckstead indicated that if the problem continued, Mr. Cvar could apprise them.
    Annie Watson addressed the Council regarding the possible locations for the skatepark, indicating that she hoped the John Street location was no longer being pursued, and if the Kendall Field location were used, issues such as riparian and conflicts of use needed to be addressed. She urged them to consider the Crestline Park property for development as an all-around community park.
    Councilor Church asked if the Skatepark Committee has turned over the funds for the skatepark. Ms. Vagenas indicated that no one had notified the skatepark committee of the need to do so.
    Eric Daws addressed the Council, indicating that he had moved from a very large school where he had taken the existence of parks for granted. He thought that putting in a skatepark would be a step in the right direction.
    Judy Vagenas addressed the Council and gave a brief history of the skatepark to-date. Following a brief discussion of the timeline involved with the new Kendall Field location, she indicated that she would be comfortable with the date of November 1 for a decision. By then they should know if there would be a denial of the proposal by the Planning Commission, and whether there would be an interagency agreement between the City and the School District. Ms. Leonard noted that it appeared there would be no appeal on the John street, though the appeal period has not yet passed.
    Jackie Beckstead addressed the Council. She indicated that she had made it clear that she has supported a downtown location, but felt that with the Crestline Park area there would be the possibility of having a multi-use facility.
    Mike Strauss, 41 and a skater, addressed the Council, noting that skating builds character and the park should be built.
    Councilor Moore assured the audience that there would be a skatepark. He also noted that he had made the statement about bussing the kids to Newport not because of disrespect but because of frustration with the process. He also thanked them for showing up and making their opinions known.
    Mayor Beckstead asked Councilor Woodruff to review the issues with the Starr Street location, since Councilor Abbott was absent. She explained that the riparian setbacks were only 50', and the reduced size of the facility had lent itself to the potential placement near the ballfield. The School District has scheduled a meeting on October 22 as well, at which time they could discuss an interagency agreement. Mr. Hammersley was asked to get in touch with the School District's attorney Mr. Wiesen to work on any liability issues. Councilor Woodruff indicated that the entire property is currently leased to the Junior League, who appeared to be open and interested about having the skatepark there, as they felt it would add to the facility. In response to a query from Mayor Beckstead, Councilor Woodruff indicated that one parent had expressed concern that the skatepark be closed down when tournaments take place, but she felt that these issues could be worked out. Ms. Leonard suggested that a wetlands specialist be hired to delineate the wetlands and asked that the Council give approval. The report can be done in about a week, and she estimated the cost at between $500 and $700. Mayor Beckstead moved to have the City pay to have a riparian survey done. Councilor Welch seconded. Councilor Moore noted that the source of money needed to identified. Mayor Beckstead amended his motion to state that the money would come from the General Fund. Councilor Welch seconded the amendment. Councilor Church indicated that it appeared the City was going to be expending additional money on a new site, when there was already a site designated. Mayor Beckstead responded that there had been a great deal of support for a downtown location, and he felt that this should be given a chance. However, he also felt that the Crestline Park property should be developed, regardless of whether there was a skatepark facility there or not. The motion carried, with Mayor Beckstead and Councilors Woodruff, Moore and Welch voting "Aye", Councilors Peterson and Church voting "Nay". Mayor Beckstead thanked the students and other interested people for coming.
    At 8:06 p.m. the Council took a 10-minute break. At 8:16 p.m., the Council meeting reconvened.
    Wayne Belmont, County Counsel, and Aaron Cubic and Sharon Mathews from the Solid Waste Consortium provided the Council with a powerpoint presentation on rate setting for solid waste hauling. They indicated that they were giving this presentation for every city in the county, and noted that for several years the Solid Waste Consortium has been working on this issue, and it was a cooperative effort between the jurisdictions and the haulers. Discussion ensued. Mr. Belmont indicated that the next step would be for the City to indicate if it is willing to go forward with an ordinance at some point in the future.
4.    MINUTES: The Council considered the minutes from the September 5, 2002 Council meeting. Councilor Welch moved to approve the minutes as presented. Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
5.    STAFF REPORTS:
    A.    Sheriff: Lt. Stallard was present to address the Council. Councilor Welch had asked Lt. Stallard to give a short presentation regarding the methamphetamine problem. He distributed a handout of the recent powerpoint presentation done by the LINT team, and reviewed the information. Discussion ensued. Councilor Welch moved that the City of Waldport advocate the passing of the LINT funding measure on the upcoming ballot. Mayor Beckstead seconded. Councilors Church and Peterson noted that they felt the decision should be made by individuals, not by the Council. The motion carried, with Mayor Beckstead and Councilors Woodruff, Moore and Welch voting "Aye", Councilors Peterson and Church voting "Nay". Mayor Beckstead noted that there appeared to be a number of animal complaints and wondered effect an animal control officer would have on the problem. Lieutenant Stallard stated that it was indeed a huge problem, and the deputies spent an incredible amount of time responding to these complaints.
    At 9:20 p.m., Ms. Leonard suggested the Council consider opening the Public Hearing on the supplemental budget. Mayor Beckstead opened the public hearing. There were no comments. Mayor Beckstead closed the public hearing.
    The Council considered the supplemental budget resolution. Councilor Moore moved to approve Resolution No. 1019. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
    B.    City Administrator Report: Ms. Leonard indicated that the only item she had to report on was that the sale of the motel lot was complete. The money will be going to the Urban Renewal Agency, and the buyers were looking for financing to hopefully pay it off prior to the agreed-upon five years.
    C.    City Attorney: Mayor Beckstead indicated that congratulations to Mr. Hammersley were in order regarding the outcome of the Sagaitis appeal. Mr. Hammersley indicated that he would like a brief discussion regarding the issue in Executive session. He also apprised the Council that the Supreme Court decision on Measure 7 would be out the following day, and indicated he hoped they upheld the lower court's decision.
    D.    Public Works Director: Mr. McClintock noted that Public Works had removed the City's fence from the old motel lot. Regarding the raw water project, they had the preconstruction meeting, the instream work was completed, and Triad was on-site and doing the excavation for the pump station. Public Works had about 400' to go to bring the lines to Eckman Creek Road, and he anticipated that they should be to the pump station in about a week. Under Wastewater, he noted that Trojan Industries, who originally installed UV disinfection unit, have reviewed the system and will return with a bid for a complete overhaul of the system. Mr. McClintock noted receipt of the SCA grant for repairs on Cedar St. The project will begin after January of 2003. The sidewalks are done on Spring, Alder, and Starr Streets. Weather permitting they will pave the parking lot the following day. Regarding Nelson Wayside, he met with the group and set up an agreement that they supply the money and rock, the City provides the equipment, and the work will be done at Mr. McClintock's discretion. He noted street striping taking place around town, they have finished all the centerlines and will be doing curbs and sidewalks next. Mayor Beckstead asked about replacement of the rubber "Stop" indicators in the middle of Broadway and other streets. Mr. McClintock will look into it.
6.    COMMITTEE REPORTS:
    A.    Finance and Administration: The minutes from the last meeting were in the packet materials. Councilor Church asked about the reason for requiring the equipment tracking report. Councilor Peterson noted that the purpose of the request was budgetary, to document that the equipment was being used, where it was being used, and how much it was being used. Mr. McClintock indicated that it took a couple hours a month for him to update. Discussion ensued. No further action was taken.
    B.    Infrastructure Planning: Councilor Moore noted that the Committee had not met the previous month.
    C.    Parks and Recreation: Councilor Woodruff noted the minutes from the last meeting were contained in the packet materials. Additionally, she indicated that she had received notice of the resignation of Joanne Cvar from that Committee. The vacancy will be advertised.
    D.    Traffic Safety: No report.
    E.    Economic Development: The minutes from the last meeting were contained in the packet materials.
7.    CONSENT CALENDAR: The Council considered the following items: City Engineer bill; City Attorney bill; Proclamation for Disability Employment Awareness Month; City of Waldport Invoice No. 12; and a liquor license application for the Landing at Alsea Bay. Councilor Moore moved to approve the Consent Calendar. Councilor Church seconded, and the motion carried unanimously on a voice vote.
8.    CORRESPONDENCE: The Council considered a letter of interest from Ray Woodruff regarding the vacancy on the Library Board. Councilor Moore moved to appoint Ray Woodruff to the Library Board. Councilor Church seconded, and the motion carried unanimously on a voice vote. The vacancy on the Parks Committee will be advertised.
9.    INFORMATIONAL ITEMS: The Council considered the following items: Library Circulation Report and Statistical Report 2002; Grant Status Report; Ray Wells invoice; and Foundation Engineering Invoice. Councilor Church asked if Ray Wells had rented an excavator or if they had used the City's. Mr. McClintock indicated he thought they had their own excavator. No further action was needed.
10.    PUBLIC HEARING: Previously addressed.
11.    NEW BUSINESS:
    A.    Consideration of Resolution Adopting Supplemental Budget: Previously addressed.
    B.    Presentation from Solid Waste District: Previously addressed.
    C.    Consideration of Ordinance Amending Municipal Code Chapter 13.04: Councilor Woodruff explained that this was to standardize the billing practices for water and sewer, and was a reflection of the actual practices now in place. Councilor Moore moved to read Ordinance No. 684 by title only for the first and second readings. Councilor Welch seconded, and the motion carried unanimously on a voice vote. Mayor Beckstead read the ordinance twice by title only. Councilor Peterson moved to adopt Ordinance no. 684 as read, Councilor Welch seconded, and the motion carried unanimously on a voice vote.
    D.    Consideration of Water Master Plan: Ms. Leonard reviewed the Master Plan and explained why the City needed to adopt it. Councilor Welch noted that the capital improvement section might also contain the potential of consolidating the three districts to obtain better funding potential. Adoption of the Master Plan would not be thwarting this prospect, and would probably actually assist in the process. Councilor Moore noted the Infrastructure Committee's recommendation was to approve the Master Plan, and moved to adopt the Plan. Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
    E.    Needs and Issues Inventory: Ms. Leonard explained that she, Mr. McClintock and Ms. Lawson had worked on the draft, and the Council could change any of the priorities they wished. This was a list of projects that the City was hoping to address over the next four years. The list is provided to state and federal funding sources to assist in their prioritization process. Items can be added to the list at any time. Ms. Leonard indicated that the water rights procurement could probably be removed from the list, as the City has the permits and the extensions, but is far from getting certification. The extension was for twenty years, and she felt secure that the City will either be using the water by then, or would be eligible for another extension. Another option might be in-stream leasing to the state. Following a brief discussion, Councilor Moore moved to adopt the Needs and Issues Inventory, Councilor Welch seconded, and the motion carried unanimously on a voice vote.
    F.    Skatepark Discussion: Previously addressed.
    G.    Crestline Riparian Evaluation: Mayor Beckstead noted the time and suggested that this item be deferred to the next agenda. Consensus of the Council was favorable.
13.    EXECUTIVE SESSION: At 9:50 p.m., the Council adjourned into Executive Session, pursuant to both ORS 192.660(1)(e): To conduct deliberations with persons designated by the governing body to negotiate real property transactions; and ORS 192.660(1)(e): To conduct deliberations with persons designated by the governing body to negotiate real property transactions. The Council reserved the right to return to open session.
14.    ACTIONS, IF ANY, FROM EXECUTIVE SESSION: None.
15.    ADJOURNMENT: At 10:02 p.m., there being no further business to come before the Council, the meeting was adjourned.

1.    ROLL CALL: Mayor Beckstead called the meeting to order at 6:00 p.m. Mayor Beckstead and Councilors Abbott, Peterson, Moore, Welch and Church answered the roll. Councilor Woodruff was absent. A quorum was present.
2.    CITIZEN COMMENTS AND CONCERNS: None.
3.    COUNCIL COMMENTS AND CONCERNS: None.
4.    PUBLIC HEARING: South Waldport Sewer Improvements LID: AT 6:02 p.m., Mayor Beckstead called the Public Hearing to order. He called for abstentions, ex parte contact, bias and conflicts of interest. Mayor Beckstead noted he had conversed several times with Mr. Battles regarding sewer issues, though Mr. Battles was represented by his own attorney who was in the audience. There were no objections to Mayor Beckstead participating.
    Staff Report: Ms. Leonard gave a brief presentation of the project. She explained that this LID was to provide for future capacity for eventual hookup, and clarified that this was not going to provide sewer to any of the properties at this time. A concern was expressed about the residents on Range Drive, and Mr. McClintock clarified that none of the users in the subdivisions on Range Drive were going to be benefitted by the project. He also clarified that the Yaquina John system was probably going to be rerouted south as well. Audience members who had properties on Yaquina John Point indicated that they had been told at the time that project was put in that the pump station was going to accommodate everyone west of the highway to Patterson Park. They were concerned that this would be handled correctly this time around. Ms. Leonard noted costs to go north to Yaquina John Point would probably be much greater. Ms. Leonard explained the process to come up with the Equivalent Residential Unit (ERU) concept, where staff took a look at the potential number of housing units that could be placed on a property if sewer were present. One gentleman asked about whether the septic tanks would have to be removed, as his was holding up a corner of the property. Mr. McClintock explained that normally the septic tanks are cleaned and filled with sand, they are not required to be removed. Ms. Leonard also noted that she would suggest that relatively new systems be examined by the County Sanitarian to determine the life expectancy of the system, and mandatory hookups would only be required after that period had expired. She also assured the audience that the City would be actively seeking grants and low-interest loans for the funding of the actual sewer project when the time came for that LID.
    Proponents/Opponents Presentation: David Osmundson and Dale Walker read their letters of opposition into the record. Cliff Collard, representing Charles and Esther Battles, noted their opposition to the project at this time and requested that the hearing be continued for a month to provide ability to answer their questions. Todd Waddell stated his objections, and submitted his letter to Ms. Leonard. Jean Weakland asked why the first phase of Ocean Hills was not included, since they would benefit from the project. Ms. Leonard responded that they were already hooked up to the sewer, and this LID was solely for the unsewered properties. D.J. Novgrod, Yaquina John Point resident, noted she has a rental property on Tara Lane. She spoke in favor of sewer, but indicated that the timing may not be the best given the current recession. She stated that septic systems are a temporary solution, and installation of a sewer does increase property value. Pat Montgomery commented that sewer systems do add to the property value, but that is not the only avenue to explore. There are alternative wastewater systems available as well. She advocated a system which ties the septic systems together with a two-inch line, with one sand filter to service the entire area. The solids would have to be pumped occasionally, but she noted that the excavation would be much less extensive than that needed to put in a true sewer system. She also asked for a continuance of the hearing, to allow other property owners an opportunity to review the information. Trish Osmundson noted that the letter addressed the correction of existing deficiencies, and indicated that they felt like they were paying for Waldport's mistakes. No other testimony was forthcoming.
    Ms. Leonard informed the Council that there were several options available to them. They could close the hearing, deliberate and make a decision that evening; close the hearing and deliberate at the next Council meeting; or leave the hearing open to a date and time certain. Following a brief discussion, consensus of the Council was to continue the hearing to Wednesday, November 20, 2002 at 6:00 p.m.
5.    OTHER ISSUES: Ms. Leonard noted that the City was working with Umpqua Bank to obtain a low-interest line of credit for interim financing of the raw water project. She asked for a Council motion to proceed with the initiation of said line of credit. Councilor Peterson moved to proceed, Councilor Church seconded, and the motion carried unanimously on a voice vote of the members present (Councilor Welch left at 6:30 p.m.).
6.    ADJOURNMENT: At 7:23 p.m., there being no further business to come before the Council, the meeting was adjourned.