SEPTEMBER, 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. Mayor Beckstead that there would be an Executive Session called under ORS 192.660(1)(e)regarding real estate transactions as an additional agenda item.
2.    CITIZEN COMMENTS AND CONCERNS: Maggie Rivers, representing the Port of Alsea, addressed the Council regarding the recent Planning Commission decision. She read a letter from the Board of Commissioners into the record. They requested that the Council support the denial of the conditional use application, as they had concerns regarding limiting access to Port facilities. Dan Schweich, owner of adjacent property, addressed the issue as well, and urged the Council to support the denial of the conditional use application, suggesting that the Crestline Park area be utilized instead. Brian Kirsch, owner of Health 101, also addressed the issue, noting that he had been excited about the locating of the park on Crestline as he felt it could be made into a very nice park for more uses than just a skatepark.
    Mayor Beckstead noted that the issue of the skatepark location had not been put on the agenda, but in light of the foregoing comments, he wondered if this was an appropriate time to talk about it. Councilor Abbott indicated that the options had been put forth, but there was time to address these concerns. The Site Committee has not met since the new information had been received, but they could meet this month and come back with a recommendation at the next meeting. Mayor Beckstead noted that the contract needed to be signed by September 18, and building the park this fall rather than next winter had also been discussed. Councilor Abbott indicated that the meeting the previous Saturday with the contractors had resulted in a new deadline of October 15. Councilor Moore noted that the Planning Commission had made a decision, and suggested polling the Council to see if any member of the Council was interested in appealing the decision. Mayor Beckstead asked Ms. Vagenas for an opinion, and she responded that she agreed with Councilor Moore. If the Planning Commission decision was not going to be appealed, it would be good to know, since work could then start on the Crestline site. Councilor Church moved to designate the Crestline Park area as the skatepark, subject to the terms of the contract. Mayor Beckstead seconded. Councilor Welch stated that he felt uncomfortable making a decision when the Planning Commission had not yet adopted their findings of fact. He also cited his concerns regarding the isolation of the Crestline Park area. Councilor Woodruff noted they were still within a reasonable timeframe to determine the issue, since the design had been changed and the facility itself would be smaller, so some of the other sites may be reconsidered. Further discussion ensued. Councilor Peterson noted that procedures needed to be followed. He felt that the first thing to do was to accept the Planning Commission's decision and then move on. Councilor Peterson moved to amend the motion to include either accepting or rejecting the Planning Commissions' decision without the finding of fact. Mayor Beckstead seconded. Councilor Abbott noted that there was a decision on the table, a pending decision from the Planning Commission and a committee that still needed to review the issue. City Attorney Hammersley clarified that the Council should vote on the motions separately. Councilor Church withdrew his motion, Mayor Beckstead withdrew his second. Councilor Peterson moved to accept the Planning Commission's decision without findings of fact, based on their denial of the conditional use permit. Mayor Beckstead seconded. Discussion ensued. Mr. Hammersley explained that by voting affirmatively on the motion, the Council was moving to not appeal the Planning Commission's decision. The motion failed, with Councilors Abbott, Woodruff, Peterson, Moore and Welch voting "Nay", Mayor Beckstead and Councilor Church voting "Aye". Mr. Hammersley informed the Council that the final date of appeal would be 15 days from the adoption of the findings, which would take place at the Planning Commission meeting on September 24th. Councilor Peterson moved to place the skatepark on Crestline. Councilor Church seconded. Councilor Peterson then stated that he felt the skatepark should be located somewhere downtown where it was visible. Mr. Hammersley confirmed that this motion would override the previous Council decisions if it passed. The motion failed, with Councilors Abbott, Woodruff, Peterson, Moore and Welch voting "Nay", Mayor Beckstead and Councilor Church voting "Aye". Councilor Peterson reiterated that his concern was that procedures needed to be followed.
3.    COUNCIL COMMENTS AND CONCERNS: None.
4.    MINUTES: The Council considered the minutes from the August 1 and August 28, 2002 meetings. Councilor Moore moved to approve minutes as presented, Councilor Welch seconded. The motion carried unanimously on a voice vote.
5.    STAFF REPORTS:
    A.    Sheriff's Report: Lt. Stallard distributed reports to the Council. He noted that they had been edited to remove any names where there was not an arrest made, due to the City Attorney's expressed concern. In a couple months, he will be able to provide a report which will contain all of the calls from within the City limits, rather than by deputies. Councilor Peterson clarified that the time spent on these reports was not time included in the City's allocated time.
    Mayor Beckstead suggested moving up Item "A" under New Business, to accommodate the requestor.
NEW BUSINESS:
    A.    Consideration of Request for City Participation in Maintenance of Nelson Wayside Drive: Roger Grady asked the Council to consider reinstating participation maintenance of the road. What was being requested was to allow the "Road Committee" to work with the Public Works Director to come up with something fair and equitable. Their second concern, regarding the use of the heavy equipment for the settlement basin, Could be handled at another time. In response to a question from Council, Mr. Grady indicated that they had looked at forming a road district, but they felt the method of assessment was unfair, since the person who lived close to the main street paid the same as the person who lived a mile and a half up the road. Councilor Peterson moved to enter into an agreement to resume helping to maintain the road on an equal basis, and to have the "Road Committee" coordinate with Public Works in that regard. Councilor Moore seconded. Councilor Welch asked if there was money involved, or if it would be the provision of equipment only. Mr. Grady responded that it would be the latter. Mayor Beckstead asked how soon equipment could be provided to begin the process, and Mr. McClintock noted that he had planned on bringing it up to some kind of usable standard prior to the work beginning on the sedimentation basin. He also indicated that he would be happy to work on the long-term maintenance of the road with the group. The motion carried unanimously on a voice vote.
STAFF REPORTS (Cont.):
    B.    City Administrator: Ms. Leonard indicated that she had nothing other than issues on the agenda. She noted that Angell Job Corps was in the process of painting the Firehall/City Hall building, and they would be done in about a month. The color is "Truly Taupe".
    C.    City Attorney: Mr. Hammersley noted that, under pending litigation, the Sagaitis appeal had been argued on August 15. He felt that it had gone well, and indicated that the City should hear something in the next 30-60 days.
    D.    Public Works: Mr. McClintock noted that the City was now off the impoundments and on Eckman Creek since August 12th. The Raw Water project was moving along well, and about 2/3 of the lines, both finished and raw, were now in the ground. Mr. McClintock publicly thanked Mr. Correia for his extreme cooperativeness in the project. The installation of the concrete diversion wall is scheduled for completion on Friday, September 6. The County has given its permission for crossing Eckman Creek Road rather than having to bore underneath. Mr. McClintock indicated that the Water Master Plan has been received and was being reviewed. His recommendation was that once it has been reviewed by the Council it should be adopted as soon as possible. Mr. McClintock reported that they were still siphoning down the lagoon, a process that was slower than anticipated due to having to deal with the algal growth generated by all the sunlight. He has talked to the City Engineers, as well as DEQ, and indicated that Foundation Engineering should be down the following week to assist in the repair. He reviewed the meeting with the EPA auditors, which he felt had gone well. They indicated they hadn't seen any problems. Regarding City streets, Mr. McClintock noted that they were still working on sidewalks, and waiting for PUD to remove the utility poles on Spring Street. The crew has started on south end of Starr Street and the forms are in. He reported that they had also started using the new paint striping machine. He noted that the City should be receiving an environmental review from ODFW regarding Red Ditch.
6. COMMITTEE REPORTS:
    A. Finance and Administration: Councilor Peterson noted that the minutes from the last meeting were in the Council packet. He had nothing further to report.
    B.    Infrastructure Planning: Councilor Moore indicated that the minutes from the July meeting were in the packet. The LID issue was on the agenda for discussion under New Business. He had nothing further to report.
    C.    Parks and Recreation: Councilor Woodruff noted that the minutes from the last meeting had been distributed in the supplemental packet materials. Mayor Beckstead indicated that they should be corrected to state that the Skatepark Site Committee's choice was John St.
    D.    Traffic Safety: Councilor Welch indicated that there had been no meeting, and therefore no report.
    E.    Economic Development: It was noted that 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 "Cruzin' for Crab Festival"; a "welcome sheet" for City Council meetings; City of Waldport Invoices #72, 951 & 318 (in supplemental packet); and an invoice from CIS. Councilor Moore moved to approve the Consent Calendar, Councilor Church seconded. The motion carried unanimously on a voice vote.
8.    CORRESPONDENCE: The Council considered the letters of interest from Linda Cardoza for the Library Board, and Louis Piette for the Senior Center Board. A letter from Dan Schweich had been included in the supplemental packet materials, along with an email from the Senior Board applicant. Councilor Moore noted that Ms. Cardoza had asked to withdraw her letter of application, as the vacancy was for an in-City position. He then moved to appoint Louis Piette to the Senior Center Board. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
9.    INFORMATIONAL ITEMS: The Council considered the following items: Library Circulation report; Grant Status report; Financial memo; Senior Center Advisory Board minutes for June and July; and a copy of the services refund check from the Lincoln County Sheriff's office. No action was needed.
10.    PUBLIC HEARING(S): None.
11.    NEW BUSINESS (Cont.):
    B.    City Sewer Upgrade Project & Related Resolution: Ms. Leonard noted that media had the information and it didn't appear necessary to review it all for the public since the meeting was not being videotaped. Councilor Moore indicated that the Infrastructure Committee's recommendation was to go with "Option B". Ms. Leonard showed a map of the project which delineated which portions of the project would be attributed to existing customers and which to new or potential customers. Mayor Beckstead felt it was important to explain how people outside the improvement area benefitted by the improvements. Ms. Leonard responded that there were two parts of the project, one of which was to increase the capacity of the system and take care of the DEQ mandate to fix the Ocean Hills pump station. The rest of the project was a system upgrade, to make the existing system run more efficiently by taking the load off the Grade School pump station. Ms. Leonard noted that these types of upgrades are not as easy to see, but the current sewer users should participate in upgrade of the existing system. Councilor Woodruff asked whether this would take care of Corona Court, and Ms. Leonard explained that they would be included in the process. What this would do is to provide capacity to eventually put in some sewer lines for Corona Court, and Seawoods area, then pump to Ocean Hills pump station. Councilor Woodruff clarified that there would need to be an additional LID to actually bring sewer to the property. Ms. Leonard agreed, indicating that many times the two would be combined but not in this case. Councilor Woodruff felt that some portion of the upgrade costs should also be attributed to the new properties, as they would be benefitted. Discussion ensued regarding the cost difference between an existing pipe and the larger pipe. Councilor Welch asked about the Ocean Hills upgrade, and whether that was included in the LID. Ms. Leonard confirmed. Councilor Welch stated that, logically, the rate payers should pay for that fix rather than making that a part of the LID. Ms. Leonard confirmed that the "fix" to make the pump station acceptable to DEQ should be borne by the rate payers, but the pump station was also being increased in size. That part of the project may be attributable to the LID. Councilor Welch asked if there was a way to determine what the expansion costs were in comparison to the repairs. Ms. Leonard will review the costs and report back to the Council.
    Councilor Woodruff asked about the lien process, wondering how the City would pay for the project if the property owners wanted to "charge it". Ms. Leonard clarified that, in her staff report, she noted that the state requires offering a 10-year financing option. She was not offering the lien placement as an option, but when an assessment not paid, it does become a lien. She also felt it was a minimal risk, since there was a 40-year payback due to the low interest rate, the few that might occur would not ultimately impact the City's ability to pay. Ms. Leonard noted that the Council can set the guidelines, which may include a 10-year payback for minimal assessments, and a 15 - 20 payback for the larger assessments. Councilor Welch asked about whether interest would accrue on a lien. Mr. Hammersley will check into that issue. Ms. Leonard noted that the large developers would have to have clear title to properties, so they would probably not be interested in allowing a lien to be placed. She explained the process included public hearings, which will provide property owners with ample opportunity to express their views.
    Ms. Leonard indicated that Mr. Dahl felt that he might be better off going to Crestline, and therefore may not be part of the LID. Mr. Battles would then have to bear a larger portion of the LID costs. If that does occur, Ms. Leonard noted that Mr. Dahl should have to sign a statement which would be recorded at the County and attached to his property, stating that if the property owner chose to tie into the system by way of the Battles' property, they would have to pay an SDC equivalent to the LID costs. Ms. Leonard and Mr. Hammersley will look into the wording of such a statement.
    Councilor Moore noted that the return waterline to the golf course was not included in this project. Ms. Leonard confirmed, indicating that USDA may have grant monies available for that project if the property owner wants to move forward with it.
    Councilor Church asked for clarification on the amount of money per ERU. Ms. Leonard noted the LID assessment for Option B was estimated at $437 for each potential or existing building site at the present time. The average user would also pay an additional $3.54 per month. Ms. Leonard noted that the most recent census showed Waldport as having a median income of $33,300, which may disqualify the City for any future grant monies through OECDD or other entities. She is checking into those figures to see if they are indeed correct.
    Ms. Leonard indicated that there were two resolutions distributed in the supplemental packet for the Council to consider if they desired. One was to begin the LID process, and the other was for the revenue bonds. Councilor Welch moved to approve Resolution 1013, A Resolution Authorizing South Waldport Sewer Improvements. Councilor Moore seconded, and the motion carried unanimously on a voice vote. Councilor Peterson moved to approve Resolution 1014, A Resolution Authorizing Sewer System Revenue Bonds. Councilor Welch seconded, and the motion carried unanimously on a voice vote.
    C.    Consideration of Resolution Amending Rules of the Council: Councilor Abbott moved to approve Resolution No. 1015, Councilor Peterson seconded. The motion carried unanimously on a voice vote.
    D.    Consideration of Resolution Setting Meeting Day for Regular Council Meeting:  Councilor Peterson moved to approve Resolution No. 1016, Councilor Moore seconded, and the motion carried unanimously on a voice vote.
    E.    Consideration of Resolution Authorizing and Approving Competitive Bidding Exceptions and Exemptions - Water Improvements Project In-Stream Diversion Structure: Councilor Peterson moved to approve Resolution No. 1017, Councilor Moore seconded, and the motion carried unanimously on a voice vote.
    F.    Consideration of Resolution Accepting Responsibility for Maintenance of Range Drive: Councilor Welch moved to approve Resolution No. 1018, Councilor Peterson seconded, and the motion carried unanimously on a voice vote.
12.    OLD BUSINESS: None.
13.    EXECUTIVE SESSION(S): At 8:54 p.m., the Council adjourned into Executive Session, pursuant to both ORS 192.660(1)(h): To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed; 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(S): At 9:27 p.m., the Council meeting was reconvened. Councilor Welch moved to approve the skatepark contract as amended, subject to Airspeed's approval. Councilor Abbott seconded, and the motion carried unanimously on a voice vote. Councilor Church moved to have the skatepark funds transferred to the City. Councilor Abbott seconded, and the motion carried unanimously on a voice vote.
15.    ADJOURNMENT: At 9:30 p.m., there being no further business to come before the Council, the meeting was adjourned.

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