1. CALL TO ORDER AND ROLL CALL: Council President Welch called the meeting to order in the absence of Mayor Beckstead. Council President Welch and Councilors Kelly, Hanes, Woodruff, Campbell and Church answered the roll. Mayor Beckstead was excused. A quorum was present.
2. CITIZEN COMMENTS AND CONCERNS: None.
3. COUNCIL COMMENTS AND CONCERNS: Councilor Hanes wondered if the traffic monitors had been received, Ms. Leonard responded that they had been ordered but she did not know when they would arrive. Council President Welch brought a sample of paint from the front of the Waldport Mercantile building. He noted that the building is in a sad state and has been steadily deteriorating. In light of the downtown revitalization that will be done, he felt the City should take some steps to see what can be done to rectify the situation, such as writing the owner and possibly talking to the City Attorney about enforcement through ordinances. Ms. Leonard responded that she had spoken with the City Attorney in regard to this, but there is nothing in the Code that addresses aesthetics. If there are safety concerns, that may be a different matter. The Urban Renewal Agency could offer to purchase the property under the threat of condemnation. The advantage to the property owner is if a property is sold under that auspice, the owner may not have to pay capital gains tax. She had written a letter to the owner a couple of years ago and had received a lengthy response, but no further action has been taken. Councilor Welch asked that Ms. Leonard look at the situation and maybe come up with some kind of an approach. Meanwhile, he will have the paint analyzed, and see if a health threat could be construed. Councilor Woodruff noted that the Economic Alliance is getting ready to consider their grants again, for up to $20,000, and suggested that the City look at applying; Ms. Leonard indicated that she has been looking at projects that might qualify.
4. MINUTES: The Council considered the minutes from December1, 2005. Two minor corrections were noted. Councilor Woodruff moved to approve the minutes as amended, the motion was seconded, and carried unanimously on a voice vote.
5. PUBLIC HEARING: None.
6. STAFF REPORTS:
    Deputy Bruster addressed the Council, and introduced Lieutenant Carey, who then introduced Chris Miller as the new contract deputy. Deputy Dorsey will be covering South County, which includes Waldport, but Deputy Miller will be the City’s new night deputy and Deputy Bruster would be covering the day shifts. Deputy Bruster then reviewed his written report. Discussion ensued regarding traffic enforcement, house numbering, and abandoned vehicles.
    A. City Manager Report: Ms. Leonard indicated she had nothing other than what was already on the agenda for discussion.
    B. Public Works Superintendent: In the absence of Mr. McClung, Ms. Leonard gave a brief update of the activities in the Public Works department. Councilor Welch commended the crew for their excellent work during the recent power outage and wind storm. Ms. Leonard mentioned that Mr. McClung would like to budget for more generators for the pump stations, which would alleviate some of the burden on the crew during power outages, as right now they need to move the generator from station to station. Councilor Welch asked about the status of the park on Crestline and Ms. Leonard responded that the City was planning on submitting for another Parks and Recreation grant, using the park assessment monies from the recent subdivision approval as matching funds. She noted that there is a study on Southworth Creek scheduled, the City is working with the State Water Master who inspected the creek at our diversion point. It will be necessary to obtain a year’s readings to determine the actual flow. The sludge lagoon project is still on schedule, along with the process for the land application of the biosolids. Mr. McClung has expressed concern about the continual landslides on Norwood Drive, and will be looking into some methods to alleviate the problems. He has also expressed concern about the present location of the shop facility, especially during high tides and flooding events, and would like to look at the possibility of relocating. Councilor Kelly asked about the current excavation on Delores Drive, it was surmised that Mr. Schulte may be engaging in some land clearing in conjunction with the Whispering Woods subdivision.
7. COMMITTEE REPORTS:
    A. CIF: Councilor Welch indicated that there was a large meeting planned for January 26^th from 4-6 at the Yachats Commons, where they would develop breakout groups to concentrate on issues. He will be chairing a group looking at law enforcement, and such issues as the possibility of forming a South County substation where the costs could be shared. CIF was also looking to apply for a grant to hire a consultant to address South County issues. Councilor Woodruff asked if it were possible to get minutes from those meetings.
    B. Finance and Administration: Councilor Campbell reported that the committee has now met twice to discuss park regulations.
8. INFORMATIONAL ITEMS: Councilor Kelly asked about the upcoming joint work session between the City Council and the County Commissioners. Ms. Leonard informed the Council that the date of the meeting has been changed to March 15^th, and the City Council has to submit any potential discussion items by March 3^rd. Ms. Leonard reminded the Council that the last such work session had resulted in all of the work being done by the County on Crestline Drive.
9. CONSENT CALENDAR: The Council considered the Consent Calendar, consisting of a resolution amending the budget for fiscal year 2005/2006 and the proposed budget schedule for fiscaly year 2006/2007. Councilor Kelly moved to approve the Consent Calendar, Councilor Woodruff seconded, and the motion carried unanimously. Staff noted the Resolution would be No. 1083.
10. DISCUSSION/ACTION ITEMS:
    A. Ordinance Establishing Assessments for South Sewer LID: Ms. Leonard informed the Council that there were nine properties to which changes had been made as a result of the December mailing. Hearing no objection from the City Council, Council President Welch read Ordinance No. 703 by title only for the first and second readings. Councilor Woodruff moved to adopt Ordinance No. 703, Councilor Campbell seconded and the motion carried unanimously on a voice vote.
    B. Ordinance Establishing Assessments for Reclaimed Water Line: Councilor Campbell stated that the reclaimed water project may end up being too costly to actually implement. He was not asking to defer the Ordinance, but wanted the Council to be aware of the issues; he then recused himself from the vote on the Ordinance. Following discussion, and hearing no objection from the Council, Council President Welch read Ordinance No. 704 for the first and second times by title only. Councilor Church moved to adopt Ordinance No. 704, Councilor Kelly seconded, and the motion carried, with Council President Welch and Councilors Kelly, Hanes, Woodruff and Church voting "Aye", Councilor Campbell abstaining.
    C. Consideration of Resolution Amending Sewer Rates: Ms. Leonard noted that the increase in rates remained at $.69, which was the amount projected three years prior. Councilor Woodruff moved to adopt Resolution 1084. Councilor Kelly seconded. Councilor Church asked about he current balance in the Equipment Reserve account, and Ms. Leonard responded that there was approximately $200,000; a portion of the lagoon project will require about $50,000. A brief discussion ensued regarding the increase, and Council President Welch noted that this was a big project that was actually coming in on budget, due in large part to the diligence of administrative staff. The motion then carried unanimously on a voice vote.
    D. Consideration of Ordinance Re Regulations for Outdoor Recreational Areas: Ms. Leonard noted that this had been discussed by the Finance and Administration Committee. The City Attorney and the attorney for CIS both suggested that the City adopt the Ordinance, and then subsequent Resolutions to establish rules for individual parks. Violation of the Ordinance would be considered a Class "A" infraction, with a maximum fine of $1,000. This would allow the deputies and Judge the flexibility to assess a lower amount, but would carry the maximum penalty for repeat offenses or vandalism. Hearing no objection, Council President Welch read Ordinance No. 705 by title only for the first and second readings. Councilor Campbell moved to adopt Ordinance No. 705. Councilor Kelly seconded, and the motion carried unanimously.
    E. Consideration of Resolution Permitting Recreational Use of Crestline Park and Establishing Rules: Discussion ensued regarding whether to include a warning that the park would be closed if garbage was allowed to accumulate. It was determined that it would be ineffectual if there is no fence present. Councilor Campbell also noted that the Resolution could always be amended if necessary. Councilor Hanes moved to approve Resolution No. 1085. Councilor Kelly seconded, and the motion carried unanimously on a voice vote.
    F. Consideration of ODOT Project Agreement Amendment: Ms. Leonard reviewed her memo, noting that ODOT wants to retain ownership of sidewalks, though the City would maintain them. Councilor Kelly asked about property owner responsibility and Ms. Leonard responded that the City’s Ordinance states that the sidewalks have to be kept clear of ice, snow, and other impediments by the property owner. ODOT considers the property owners responsible for maintenance, though after the project is complete, the City will be responsible to maintain the condition of the sidewalk. Councilor Woodruff moved to approve signing the amendment. Councilor Hanes seconded, and the motion carried unanimously on a voice vote. Councilor Church asked about the Norwood/Starr/101 intersection, and Ms. Leonard responded that the City has reapplied for the Scenic Byways Grant, but also noted it appeared that part of Starr Street was actually owned by ODOT, which may have an impact on the project. She will continue to research the issue.
    G. Consideration of ODOT Request for Noise Ordinance Variance: Ms. Leonard explained that ODOT was requesting to work on the overlay projects at night, and were doing due diligence to ensure they are not breaking any rules. In actuality, they will only working a couple of nights in each section. Councilor Welch moved to grant the variance, Councilor Church seconded, and the motion carried unanimously.
    H. Other Issues: None.
11. GOOD OF THE ORDER: Nothing further
12. ADJOURNMENT: At 8:47 p.m., there being no further business to come before the Council, Councilor Campbell moved to adjourn. Councilor Welch seconded, and the motion carried.

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