CITY of ELGIN 
 
              COUNCIL MINUTES FOR JANUARY 13, 1998 
 
COUNCILORS PRESENT- Kevin Cooper (arrived 7:30) 
                         Pat McMullen 
                         John Stover 
                         Berta Churchill 
                         Misty Bennett 
                         Leroy Short 
                         Rick Smith - Mayor 
 
Call to Order 
The meeting was called to order at 7 pm by Mayor Rick Smith. 
 
Approval of Minutes 
The Mayor called for approval of the minutes of the meeting of
December 9, 1997.  
Councilor Stover noted that the minutes did not record the
Councilor who was 
second to the motion regarding occupying the new offices.  The
Recorder's notes 
show that Councilor McMullen was second.  It was also noted that
Councilor 
Cooper was absent from this meeting.  Councilor Stover moved to
approve the 
minutes with the corrections as noted, with Councilor McMullen as
second.  The 
vote was unanimous for approval, motion carried. 
 
Supervisors Reports 
The Mayor called for the supervisors reports. 
 
Police- Chief Sibley deferred his report to the new business
portion of the 
meeting. 
 
Public works- Kyle Boylen; absent, no report. 
 
Library- Annette Howell reported that she and Beverly Gordon had
been keeping 
the library open during Sandy's absence.  She said that Sandy was
expected to 
return next week. 
 
Fire- Chief McDonald reported that there had been some damage to
the brick 
work on the front of the fire hall where a fire truck had been
backed into the 
door post.  He also reported that the new fire truck would be
available on 
February 17.  Pat and Lee McDonald will fly out to the factory in
Michigan and 
drive the truck back. 
 
Ambulance- Merle Laci: absent no report. 
 
Municipal Court- Ralph Howell noted that since Vicki was on
vacation, there had 
been only one Court in December, with just two cases. 
 
Recorder/Administrator- Joe Garlitz reported that the refinancing
bonds for the 
sewer system had been closed as planned.  The effective interest
rate was 5.58%, 
essential the same rate that we were paying Rural Development
(FmHA). 
 
 
Citizens to Speak 
Margaret Davidson of Community Connections, was present to discuss
a proposed 
housing project.  It is proposed to build senior & handicap
apartment building.  
The suggested site is the "Lucky Duck" property on N 15th across
from Highland 
View Apartments.  After discussion Councilor Stover moved to have
the City 
Council go on record as supporting a Senior Citizen housing project
for Elgin, 
with Councilor Churchill as second.  The vote was unanimous for
approval, motion 
carried. 
 
 
Hearing 
7:15  Minor partition 
     Robert Wiles and Dennis Cross have requested to divide out a
lot of 100'x 
100', for residential use, from a lot approximately 200'x 200'. 
The lot in question 
is located at the Northwest corner of the intersection of Birch and
S 19th.  The 
lot is zoned residential. The partitioned lot would be on S 19th. 
     Dell Parsons had a question about the availability of sewer
for the lot.  
Sewer is available in S 19th at the proposed lot.  Water is located
in Birch 250' 
south of the lot. 
     Dorothy Dempsey wanted to know what use was proposed for the
lot.  It 
was explained that it would be for a single family dwelling.  Julia
Luse stated, 
by letter, that she had no objection to the proposal. 
     After the Council had received testimony from all who wished
to speak, 
Councilor Stover moved to approve the partition as proposed, with
Councilor 
Short as second.  The vote was unanimous for approval, motion
carried. 
 
(Councilor Cooper arrived at this time.) 
Citizens to Speak, continued; 
Kevin Collier appeared for Dan Reynolds, regarding trading the
location of sub- 
standard mobile home.  Mr. Reynolds has two lots, each with
pre-existing 
substandard trailers.  He is interested in removing the trailer
from one lot and 
disposing of it.  He then would like to move the trailer from the
second lot and 
place it on the first lot.  He would then install trailer that will
meet the current 
standards on the second lot.  The net effect is to replace one
substandard trailer 
with trailer that meets the new standards. 
     Councilor Stover questioned whether the Council had the
authority to grant 
permission for this.  Mayor Smith tabled the matter and asked the
Recorder to 
investigate the matter further. 
      
Committee Reports 
The Mayor then called for the committee reports. 
 
Administration: Councilors Cooper and Stover stated that the bills
had been 
reviewed. 
 
Public Works: Councilors McMullen and Churchill noted that the snow
removal had 
gone very well, with just a few minor complaints that were
immediately 
addressed. 
 
Public Safety: Councilors Short and Bennett, no report. 
 
Old Business 
MOU, ODOT and City re. access to Highway 82. 
     Tom Schuft of the Department of Transportation has submitted
a redraft 
of a memorandum of understanding.  The memo addresses the concerns
of the 
City regarding access standards and permits for access to Highway
82 within the 
City.  The draft MOU recognizes that City streets enter the Highway
at intervals 
of about 250'.  It also recognizes that properties fronting the
highway use the 
highway as the primary access, and that such properties will be
given 
"reasonable access" to the highway.  Councilor Cooper expressed
some concern 
about the escape clause in the memo.  It says that either party can
terminate the 
agreement with simple notification to the other party.  The concern
is, if there 
is no binding requirement to stay in the contract, does it in fact
have any merit. 
 
     After discussion, Councilor Cooper moved to approve the
Mayor's signature 
on the agreement as presented, with Councilor Short as second.  The
vote was 
unanimous for approval, motion carried. 
 
Billing agreement, Elgin Ambulance and GR Hospital 
     The billing agreement for dual dispatch patients was, again,
presented to 
the Council.  After discussion, Councilor Stover moved to accept
the agreement 
as presented, with Councilor Churchill as second.  The vote was
five for 
approval, with Councilor Cooper and Mayor Smith voting in
opposition, motion 
carried. 
 
New Business 
Police policies re. personal stops and searches and inventory of
vehicle contents 
when impounded. 
     Chief Sibley presented policies and procedures to protect the
civil rights 
of individuals that are stopped by a police officer and become the
subject of a 
personal search.  After discussion, Councilor Stover moved to adopt
the 
procedures as presented, with Councilor McMullen as second.  The
vote was 
unanimous for approval, motion carried. 
     Chief Sibley presented policies and procedures regarding
inventorying 
vehicles that are subject to impoundment.  The policies are to
insure that the 
personal property contents of the vehicle are accounted for and
that no undue 
danger exists to the officers or towing agents from hazardous
materials being 
carried in the vehicle.  After discussion, Councilor Short moved to
approve the 
policies and procedures as presented, with Councilor McMullen as
second.  The 
vote was unanimous for approval, motion carried. 
     Chief Sibley reported that he had investigated the possibility
of enforcing 
the "double fines" in school zones.  To implement this law, the
School District 
must make the request to ODOT.  The highway department will then
install the 
required notification signs and bill either the City or the School
for the cost.  
No further action was taken at this time. 
 
Colleen Robinson presented a package store license for approval by
the Council.  
She is planning to make and sell gift baskets that contain cheese,
crackers, 
bottled wine and other items.  She anticipates her customers will
be real estate 
companies and other companies that would present these baskets to
their clients.  
The baskets will be put together in her home and delivered by
herself or 
shipped by a delivery service to the purchaser.  This business is
not to be a 
walk-in retail business.  After discussion with Ms. Robinson,
Councilor Short 
moved to approve the license as presented, with Councilor Churchill
as second.  
The vote was unanimous for approval, motion carried. 
      
Correspondence 
     Jack and Georgia Shaffer submitted a written request to vacate
an 
undeveloped portion of Beverly Terrace from 16th west to the City
limits.  The 
Council had considered a similar request in the past.  After an
extended 
discussion regarding the pros and cons, Councilor Stover moved to
table the 
matter, with Councilor Short as second.  The vote was unanimous for
approval, 
motion carried. 
 
Good of the Order 
     Councilor Cooper moved to approve the bills as presented, with
Councilor 
McMullen as second.  The vote was unanimous for approval, motion
carried. 
 
Mayor Smith recessed the meeting to conduct an executive discussion
per, ORS 
192.660 regarding personnel.  Mayor Smith reconvened the meeting. 
No action 
was required. 
 
Mayor Smith noted that Mo Deshuri of ODOT had requested an
opportunity to 
meet with the business owners that would be impacted by a paving
project 
scheduled for this summer.  The Mayor requested that the meeting be
scheduled 
for January 27. 
 
Councilor McMullen moved to adjourn, with Councilor Short as
second.  The vote 
was unanimous for approval, motion carried. 
 
Minutes respectfully submitted; 
 
Joe Garlitz, 
Recorder/Administrator