JULY, 2003 CITY COUNCIL MINUTES:

1. CALL TO ORDER AND ROLL CALL: Mayor Beckstead called the meeting to order at 7:00 p.m. Mayor Beckstead and Councilors Abbott, Woodruff, Welch, Eder and Church answered the roll. Councilor Peterson was absent. A quorum was present.
2. CITIZEN COMMENTS AND CONCERNS: Bruce Thompson addressed the Council in regard to concerns about signage for the RV parking lot, skateboarding and bicycling on sidewalks in the downtown area, plain language for the business license ordinance and a desire to see increased policing of the downtown area, especially on the weekends. He also suggested the City Council members visit the merchants along Highway 101 as well. Mayor Beckstead suggested that the Finance and Administration Committee look at language for a skateboard ordinance, and the Traffic & Public Safety Committee look at the issue of signage for RV parking. He also noted that ordinance revision and update is an ongoing process. Susan Swander asked if the traffic study was complete and wondered if parking signs were addressed. Councilor Church pointed out that the issue with limited parking signs was that the City appeared to be dedicating public parking to a specific business. Ms. Swander indicated that her signs asking people to be considerate of customer parking seemed to work adequately. It was noted that the study showed there seems to be sufficient parking in Waldport, but that there were some issues regarding managing that parking.
3. COUNCIL COMMENTS AND CONCERNS: Councilor Church stated that skateboarders are still playing in the Old Town area, and felt that an ordinance did need to be drafted. Mayor Beckstead mentioned an incident on the 4^th of July where a small child had gotten third degree burns from a fire pit which had been covered with sand but not put out. He advocated caution when having fires on the beach.
4. MINUTES: The Council considered the minutes from the June 5, June 10, June 17 and June 25, 2003 meetings. Councilor Welch moved to approve the minutes as presented. Councilor Abbott seconded, and the motion carried unanimously on a voice vote.
5. PUBLIC HEARING: Consideration of Business License Ordinance Revisions: Mayor Beckstead opened the public hearing at 7:26 p.m. There were no comments. Mayor Beckstead then closed the public hearing.
   Noting the presence of Chris Chandler di Torrice in regard to the agenda item for the extension of the Enterprise Zone Exemption, Mayor Beckstead asked if the Council would move the item up on the agenda. There were no objections. Following a brief review of the requirements of the enterprise zone, Councilor Welch moved to approve the application for extension for Quality Woodworking. Councilor Abbott seconded, and the motion carried unanimously on a voice vote.
   Mr. Thompson voiced an additional concern about businesses blocking city sidewalks and operating without licenses. He indicated the City needed to protect the local business owners. It was noted that the business license ordinance was on the agenda for adoption that evening.
6. STAFF REPORTS:
   A. Sheriff's Report: Adam Shanks addressed the Council, noting that he was the Contract Deputy for the City as of July 1. He noted that they were very busy in the summer months, but there should still be time for things like meeting the local merchants and enforcing skateboarding rules as well. Councilor Church asked about laws to protect animals in cars. Officer Shanks responded that there are statutes regarding animal abuse, and things like locking an animal in a car without air or water do constitute abuse. On a call like that they try to locate the owners, but if the animal is in danger they take appropriate action. Mayor Beckstead asked if a private individual had a right to damage a vehicle if necessary to protect an animal, and Officer Shanks suggested that the Sheriff's office be contacted so that they can take action and responsibility. He will contact the District Attorney’s office for more information on this subject to provide to the Council at their next meeting.
   B. City Administrator: Ms. Leonard announced that the City had received a Forest Service grant for a Parks Master Plan and feasibility study for a Parks District. The Parks Committee will begin working on that. The TGM process is completed and the refinement plans are available. Ms. Leonard noted that there were limited copies available and only one copy of the appendices. Staff will speak with Mr. Lewis about obtaining an electronic version. Ms. Leonard showed the Council the plaque for the Keady Wayside Viewing Platform from the Oregon Parks Department. Public Works will install the sign. She indicated that Councilor Welch had asked to go to the Western Council of Governments Conference, and hoped that the City could pay the conference fees and lodging. Councilor Welch indicated that he would bring back a full report. Councilor Church moved to authorize the City to pay for the conference fees and lodging. Councilor Eder seconded, and the motion carried unanimously on a voice vote. Ms. Leonard noted that someone had borrowed a couple of tables from the Council room over the holiday weekend. Officer Shanks stated that the Fire Department had borrowed them the evening of the 3rd.
   Mayor Beckstead invited Mr. Balen to address the Council regarding the Keady Wayside viewing pavilion. Mr. Balen addressed the Council, indicating that he had been asked to ascertain the costs for putting in such a structure. The estimated cost was $29,440, delivered to the site. This price did not include the roofing material, as Britton Roofing had volunteered to install that. He recommended that the Council consider going with stainless steel fittings rather than galvanized, due to the corrosiveness of the salt air, which would add an additional $2400 to the estimate. He left the materials for the Council to consider. The Council thanked Mr. Balen for his efforts.
   Mayor Beckstead announced the necessity for an additional Executive Session, pursuant to ORS 192.660(1)(a): To consider the employment of a public officer, employee, staff member, or individual agent.
   C. City Attorney: Mr. Hammersley noted that he had contacted the County Counsel re the Solid Waste Uniform Rate Reporting, and had reviewed the contract documents for the loan for lagoon berm improvements and rendered a written opinion. There was no current litigation.
   D. Public Works: Mr. McClintock reported that the water system had performed with "flying colors" over the holiday weekend. There had been a power outage on Eckman Creek road that had caused some concern, but no real problems. The new pump station on Eckman Creek was working very well. There were still two outstanding issues to be handled by Triad, in regard to the valve at the sedimentation basin and the metering controls. The City was holding the retainage until the problems are resolved. They are getting ready for the lagoon berm fix, Foundation Engineering will be here the week of the 14^th to go over the options. The crew is performing manhole rehabilitation in the sewage collection system, removing more sources of I & I. The survey crew has been up on Crestline, working on the South Sewer Project and the Crestline Bypass. The four-way stop signs have been installed at the intersection of Starr and Cedar, and they had coordinated with the Postmaster to paint stop signage on the post office property. They will monitor to see how well that works before installing any signs. Mr McClintock reported that the signage, crosswalks and traffic discs have been installed on Crestline Drive in the skatepark area. He had put together a conceptual drawing of the Norwood/Starr/101 intersection and it appeared to be doable. This would at least provide a starting point, though the City will also need to work with ODOT on the project. The OYCC crew started at the end of June, and were working on the Lint Slough Trail, removing underbrush on the berm and putting down path rock. Following a brief discussion, Councilor Church moved to direct Public Works to install rumble discs on both sides of the intersection of Range and Fairway. Councilor Welch seconded, and the motion carried unanimously on a voice vote. Councilor Welch thanked Mr. McClintock for the conceptual drawing of the Norwood intersection and asked if the City crew could do the job, except for the engineering and paving. Mr. McClintock indicated that they could. Councilor Welch stated that the Infrastructure Planning Committee could further review the issue, and also look at funding alternatives in conjunction with the Finance and Administration Committee. Councilor Church mentioned that Mr. Lewis had said this may also be addressed through TGM funding as well.
   E. City Planner: The written report was in the packet materials.
7. COMMITTEE REPORTS:
   A. Finance and Administration: The minutes were in the packet materials.
   B. Infrastructure Planning: No meeting had been held.
   C. Parks and Recreation: The minutes were in the packet materials. It was noted that Meridian Park is looking much better, and it was suggested that the local papers do an article on the park to give credit to the assiduous efforts of the volunteers.
   D. Traffic & Public Safety: Councilor Welch indicated that at the last meeting they had asked for rumble bumps and crosswalks on Crestline. They would continue to look at speed on Crestline to see if those efforts are helping. Otherwise another stop sign may need to be installed.
   E. Economic Development: No meeting had been held.
   F. South County Livability Issues Group (SCLIG): Councilor Abbott reported continuing discussions re the Forest Service facility. The community college has moved there, according to Councilor Welch. Councilor Abbott indicated that there were political issues in dealing with the Forest Service, but that the Fire District and the Health Clinic were still looking at the possibilities there. He clarified that there were no plans for the City to be involved.
   G. Community Youth Report: There was no representative present. Councilor Welch mentioned that the skatepark facility appears to be holding up well, though there were some crack areas that could be of concern. Mayor Beckstead noted that the designers recommended taping or painting the rail to make it more visible, and he had asked them about the cracks. Evidently they are an expected part of the curing process and there will probably be more. Unless there is an actual separation they should not be a problem. Councilor Eder noted several adult skaters complained that the sand is ruining their bearings, and suggested putting in some railroad ties to stabilize the sand. Mayor Beckstead also suggested that soil and turf be installed once the weather cools and moisture returns, to aid in the stabilization process.
8. CONSENT CALENDAR: The Council considered the following items: Resolution No. 1045 - "A Resolution Authorizing the Library Board of Trustees to Make Decision Regarding Transactions Associated With the Chevron Texaco Stock Held for the Waldport Library"; Resolution No. 1046 - "Authorizing a Loan from the Water Fund by Entering Into a Loan Contract With the Oregon Economic and Community Development Department"; renewal of the Intergovernmental Agreement for Law Enforcement Services Between Lincoln County and the City of Waldport; and a request from the Library Board to reappoint Mr. Bucy to another term on the Library Board. Councilor Woodruff moved to approve the Consent Calendar. Councilor Abbott seconded, and the motion carried unanimously on a voice vote.
9. CORRESPONDENCE: The letter from Oregon Department of Fish and Wildlife regarding the City’s nuisance ordinance was acknowledged.
10. INFORMATIONAL ITEMS: The Council considered the following items: Library Board minutes and monthly circulation report; Grant Status report; Planning Commission minutes from May 27 and draft minutes from June 24. No action was necessary. Councilor Woodruff asked to be notified about the Planning Commission workshops on code amendments, staff noted that they would probably take place in the fall.
11. DISCUSSION/ACTION ITEMS:
   A. Consideration of Revised Business License Ordinance: Councilor Welch suggested adding the word "lawful" to the definition of business. Councilor Church moved to add the word to the definition, Councilor Welch seconded. The motion carried unanimously. Councilor Church asked about enforcement, and Councilor Abbott responded that one way was to include clear definitions in the ordinance language. A brief discussion ensued. It was noted that the license needs to be clearly displayed, and the Sheriff’s department can enforce the ordinance. Councilor Eder moved to read Ordinance 688 by title only for the first and second readings. Councilor Welch seconded. The motion carried unanimously on a voice vote. Mayor Beckstead read Ordinance 688 by title only for the first and second times. Councilor Eder moved to adopt Ordinance 688 as read, with the addition of the word "lawful" to the definition of business. Councilor Welch seconded. Councilor Church asked about subdealers, the appropriate section of the ordinance was pointed out for his consideration. The motion then carried unanimously on a voice vote.
   B. Request for Extension of Enterprise Zone Tax Exemption: Previously done.
   C. Rebel Road Property Sale Proceeds: It was noted that the City had received $28,441 for the sale of the property. Mayor Beckstead noted that the previous Council decision had been to put the monies in the Parks fund. However, that decision had been questioned. Councilor Church suggested that the monies be placed in the General Fund Contingency, and then they could be moved into the Parks fund if needed. Councilor Woodruff added that Parks has spent a lot of money recently, and she was also not sure that there weren’t other needs for the money. Discussion ensued. Councilor Welch stated that he felt the money should be put into the Park fund and utilized for the gazebo at Keady Wayside. He then moved that the proceeds from the sale be designated for the construction of a gazebo along the lines of the structure proposed by Mr. Balen earlier in the meeting. Councilor Woodruff seconded. Mayor Beckstead indicated he was in favor of the proceeds going to Parks, but noted that he would like to see a small portion of money used to clear the land for the playground equipment on Crestline as well. He would then be in support of using the remainder for the gazebo. Mr. McClintock stated that he and Ms. Leonard had reviewed the costs for erecting the playground equipment at the Crestline park and had come up with an estimate of $4500 to $5000 to properly install the equipment and put in the asphalt for the basketball court. Councilor Abbott suggested the Council take some time to evaluate the issue and maybe have the Parks Committee come back with a plan for the monies. Councilor Welch offered to withdraw his motion, but was concerned that the proceeds be used for the gazebo and other plans. Mayor Beckstead moved to amend the motion to dedicate $4500 to the development of a playground space on Crestline Park. The motion died for lack of a second. After further discussion, Mayor Beckstead suggested that the Council agree that the money is to be used for the gazebo and Crestline Park, with the details to be worked out by the Parks Committee. He then amended the original motion to include Crestline park. Councilor Abbott seconded. Additional discussion ensued. Mayor Beckstead withdrew his amendment. Councilor Abbott pointed out that the City still needed to look at ways to leverage the funds and spread it around as much as possible. The original motion then carried unanimously on a voice vote.
   D. Copier Sharing Proposal: Councilor Woodruff noted the Fire Department made about 2000 copies per month or so, and $100 per month was acceptable to them. They would keep a log of the number of copies made. Councilor Welch confirmed that the proposed figure included depreciation. Ms. Leonard suggested the Fire District's attorney write up the agreement, and have the City Attorney review it. Councilor Abbott moved to proceed with the agreement with $100 per month or 5 cents per copy, and to review the agreement in three months. Councilor Eder seconded and the motion carried unanimously on a voice vote. Councilor Church suggested that staff be empowered to choose a copier. Councilor Abbott noted the Finance and Administration Committee would be reviewing the issue at their next meeting.
   E. Sharing Arrangement with Public Works: The Council considered the summary of the issue contained in the packet materials. There were no further comments.
   F. Consideration of Proposed Ordinance Language: Ms. Leonard noted that this ordinance was in draft form and was not for adoption at this meeting but for review only. A brief discussion ensued. It was determined that the ordinance would not only give the hauler a guaranteed rate of return, but also provides the City with the ability to review and control the costs. Mr. Hammersley indicated that this was driven by a dramatic increase in hauling and dump fees, and the haulers needed to be able to have some justification for increasing the fees to maintain their profit margin. The ordinance will be placed on the August agenda for adoption.
   G. Other Issues: None.
12. EXECUTIVE SESSION(S): At 9:15 p.m. the Council recessed into Executive Sessions, pursuant to both ORS 192.660(1)(a): To consider the employment of a public officer, employee, staff member, or individual agent; 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.
13. ACTIONS, IF ANY, FROM EXECUTIVE SESSION(S): At 9:53 p.m., the Council returned to Open Session. Mayor Beckstead moved to provide Mr. Hammersley with 30 days written notice of termination of contract, and instruct the City Administrator to contact potential candidates for replacement. Councilor Church seconded. The motion carried unanimously on a voice vote. Councilor Woodruff suggested the City order an appreciation plaque for Mr. Hammersley. Councilor Welch noted that the Council should make a decision on the backup law firm as soon as a decision was made on a new City Attorney.
14. GOOD OF THE ORDER: Nothing further.
15. ADJOURNMENT: At 9:55 p.m., there being no further business to come before the Council, the meeting was adjourned.

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