CITY of ELGIN
COUNCIL MINUTES FOR APRIL 14, 1998
COUNCILORS PRESENT- Kevin Cooper
Pat McMullen
John Stover
Berta Churchill
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 March 10, 1998.
Councilor Churchill moved to approve the minutes as presented, 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; absent, no report.
Public works- Kyle Boylen; absent, no report.
Library- Sandra Good reported that the library board has completed a review of
their policies and a technology plan. She presented these to the Council for
review and approval. The Council took no action at this time, but will consider
approval of the policies at the next meeting.
Mrs. Good requested permission to donate the surplus Apple computer
system to Union County ESD. Councilor Stover moved to approve the donation
of the Apple computer hardware to the ESD, with Councilor McMullen as second.
The vote was unanimous for approval, motion carried.
Fire- Chief McDonald; absent, no report.
Ambulance- Merle Laci; absent, no report.
Municipal Court- Ralph Howell presented the monthly court report, noting that
there had been a variety of cases.
Recorder/Administrator- Joe Garlitz, no report.
Citizens to Speak
Jennifer Smith was present to address the Council regarding the location
of the police reserved parking. She stated that she was concerned that the
parking being in the middle of the block, was an inconvenience to the public
using the Opera House and the City meeting rooms. It is not obvious that this
area is a reserved area until one has pulled into the space. This necessitates
having to back out into the traffic flow, which is heavy at these times. She
suggested that the reserved parking be moved to either end of the block or
moved to Baltimore where it is more convenient to the policemen and their
patrons, as well as the general public.
In the ensuing discussion, the Councilors were concerned that they had not
been involved in the decision as to where the reserved parking should be
located. Councilor Short stated that the Public Safety Committee would review
the matter and bring it back to the Council at the next meeting.
Hearings:
7:15 Tom Craig lot partition.
Tom and Dorothy Craig have submitted an application to partition a
residential lot. The property is located on the south side of Carolyn Terrace
between 15th and 16th Avenues; tax lot 1N 39 15BA #1800. The lot is
approximately 100'x 200'. It is proposed to partition the lot to create two lots,
each approximately 100'x 100'. The property is zoned Residential-I allowing a
single family residence on a lot of at least 5,000 square feet and a duplex on a
lot of at least 6,000 sq.ft. The east half of the lot is developed with a duplex,
the west half of the lot has a pre-existing substandard trailer house.
Mayor Smith opened the hearing in regard to this partition. No one was
present to testify on this matter. The hearing was closed. After due
consideration, Councilor McMullen moved approved the partition per the
application, recognizing that the lots created by the partition are subject to the
requirements of the zoning ordinance and other applicable conditions of the City
of Elgin Code, with Councilor Stover as second. The vote was unanimous for
approval, motion carried.
7:20 Street Vacation, White Street
Mayor Smith opened the hearing in the matter of the vacation of White
Street. Notice of the proposed vacation has been posted on the street and
published in the Elgin Recorder as required by ORS chapter 271. No one was
present to offer testimony. The hearing was closed. After discussion Councilor
Churchill moved to vacate the remaining in portion of White Street from N. 17th
eastward, with Councilor McMullen as second. The vote was unanimous for
approval, motion carried. (An ordinance will be prepared for the Council to
consider at its next meeting.)
Citizens to Speak (continued)
Ray McVey was present to address the Council. Mr. McVey noted that the
City had budgeted $600 for the Elgin 2010 strategic planning activities. On
behalf of the planning committee, he was asking for this money. It was noted
that the money had been budgeted for grant writing and coordination of economic
development activities. Councilor Cooper moved to release the $600 to Elgin 2010
as requested, with Councilor McMullen as second. The vote was unanimous for
approval, motion carried.
Mr. McVey stated that the Hunaha Park design engineer, Rod McKee, had
requested a supplemental payment of about $8,000. Mr. McKee had reassessed the
work he had performed, on contract, for the City and realized that he had
invested a significant amount of resources beyond the contract price. Mr McVey
noted that the engineer had not met his contractual deadlines, and had not
indicated that the work would exceed the contracted amount until the work was
completed. Mr. McKee was present and stated that he felt obligated to inform the
Council that the value of the work provided exceeded the contract price by a
substantial amount. He stated that his request for additional payment was based
on the good faith of the City and its ability to supplement the contract, as the
Council saw fit. Mayor Smith took the matter under advisement, asking to
receive a copy of Mr. McKee's letter to 2010. The Council will review this during
its budget hearings.
7:30 Street Vacation, N 17th & Beverly Terrace
The property owners in the vicinity of N. 17th and the west end of
Beverly Terrace requested that the Council consider vacation of the undeveloped
portions of these streets. The streets in question intersect and were considered
together. Notice of the proposed vacation has been posted on the streets and
published in the Elgin Recorder as required by ORS chapter 271.
Mayor Smith opened the hearing regarding these proposed vacations. Pat
Pattee was present to recommend vacation of the undeveloped portion of N. 17th.
He stated that prior development had crowded the right-of-way and would make
it difficult to construct a proper street on this right-of-way.
Jack and Georgia Shaffer were present to recommend the vacation of the
undeveloped portion of Beverly Terrace from 16th Street west to the City Limits.
They were not in favor of vacating N. 17th Street.
Elgin T.V. Association submitted a letter in opposition to the vacation of
both streets, stating that development of tax lots 2000, 2001 and 2200 would
require access for utilities within these street rights-of-way. The City Public
Works Director also submitted a letter stating that vacation of Beverly Terrace
would restrict access for water and sewer for development of these lots. Mayor
Smith closed the hearing.
In discussion it was noted that there was the possibility of developing as
many as 6 residential lots that would front on this portion of Beverly Terrace
and could be accessed by N. 17th Street. Council Short noted that this property
belonged to the Shaffer's and it would be to their detriment only, if Beverly
Terrace was vacated. After discussion, Councilor McMullen moved to deny the
vacation of both streets, with Councilor Cooper as second. Councilors McMullen,
Cooper, Churchill and Stover voted in favor of the motion, with Mayor Smith and
Councilor Short voting in opposition, motion carried. Mayor Smith requested that
a copy of the governing ORS be provided to him.
7:40 Chuck Beickle, lot partition.
Chuck and Kathy Beickle have made application for a minor partition of a
residential lot. The property is zoned Residential-I, allowing a single family
residence on a lot of at least 5,000 square feet and a duplex on at least 6,000
sq.ft. The property is located at the Northwest corner of the intersection of
Hartford and N.15th; tax lot 1N 39 10C #101. The lot is approximately 150'x 136'.
The proposed partition will create two lots each 150'x 68', more or less.
The existing lot has been approved as a single family dwelling lot.
Foundations have been constructed for a manufactured home and a garage,
however no further construction has been done. The proposed partition would
require removal of the foundations.
Mayor Smith opened the hearing in this matter. No one was present to
testify for or against the proposed partition. Art Rhodes was present to
represent the applicant. Mr. Rhodes noted that the existing lots was more than
adequate to provide two large residential lots. He also noted that water and
sewer were available for development. The hearing was closed.
After due consideration, Councilor McMullen moved to grant the partition
as requested, noting that the lots created by this partition are subject to the
provisions of the Residential-I zone, and other applicable conditions of the City
of Elgin Code. Councilor Cooper was second to the motion. The vote was
unanimous in favor, motion carried.
Citizens to Speak (continued)
Elgin Ministerial Association Pastors were present to address the Council.
Pastor Fred Laeger expressed concern about underage use of tobacco. He has
witnessed adults providing tobacco to teenagers and has seen young people using
tobacco all around town. The pastors are concern about this from several levels;
1st the danger to the health of the youth involved and 2nd the degraded civic
attitude fostered by disregard for the law.
The pastors are asking that the community find some way to curtail tobacco
and alcohol use by our young people. They suggested that the City use its
resources to encourage responsible action by the young people, their parents and
the adults in the community.
8:50 Councilor Churchill left the meeting at this time.
Mayor Smith commented that this is a problem that concerns the whole
community and needs a broad support from the schools, the parents and the
general public. Pastor Laeger offered the support of the Ministerial Association
and the member churches. Jennifer Smith offered the support of the high school
SADD club.
Mayor Smith suggested that the juvenile authorities, the District Judge, the
Sheriff and Police Chief be asked to meet with the Council in this regard at the
next meeting.
Ron Brand was present to speak in regard to the restrooms planned at the
downtown park. Since the City owns the property, it will be the agent
requesting a building permit. Also the City Council will have to authorize water
and sewer hookups to the restrooms.
Councilor Cooper moved to request the La Grande Building Department to
waive the permit fee, with Councilor Short as second. The vote was unanimous
for approval, motion carried. Councilor Cooper moved to authorize the Public
Works Department to provide water and sewer hookups to service the restroooms,
with Councilor McMullen as second. The vote was unanimous for approval, motion
carried. The issue of on-going maintenance will be addressed at a later
meeting.
Fred Laeger requested that S.11th be graded out as street maintenance was
being done around town. Mr. Garlitz stated that as soon as the weather and
work schedule allowed, that all the gravel streets would be graded out.
Terry Tollefson asked about the possibility of getting a new water service
line that would tap the main directly in front of his house. It was noted that
if this item was to be expedited it would require that a contractor be hired by
the affected property owners. The Public Works work schedule would not permit
this work in the near future.
Committee Reports
The Mayor then called for the committee reports.
Administration: Councilors Cooper and Stover reported that the bills had
been reviewed. Councilor Stover further noted that the school zone signs in the
vicinity of the high school had not yet been installed, nor had the "double fines"
in school zone been installed. The Councilors will contact the Police Department
in this matter.
It was also noted that there were some bad pot holes in the chip seal that
need immediate attention.
There was a discussion regarding the need to update our personnel
policies. After discussion it was agreed that this would be addressed in the
budget review.
Public Works: Councilor McMullen and Churchill, no report.
Public Safety: Councilor Short, no report.
Old Business
Appointment to fill councilor vacancy
No one had any nominations for the vacant Councilor position. The Mayor
had ben approached by someone interested, and had been asked to come to this
meeting but did not show up. The Councilors will continue to seek a proper
candidate.
New Business
Transfer site burn pile, DEQ prohibition of clean lumber
DEQ recently inspected the transfer site. The inspection noted a few minor
items that needed attention. However, the inspector reported that lumber was
not permitted to be burnt in the burn pile. The permit allowed only brush and
tree trimmings to be burned. In discussion, it was noted that "clean" lumber
was certainly more "burnable" than green vegetation. The Councilors asked that
the permit language be obtained, and that the Council investigate the latitude
afforded by the permit, as well as looking at other possible options. It was a
consensus of the Council that allowing a burn pile but prohibiting "clean lumber"
make for a very difficult situation at the transfer site.
Letter of interest, revolving fund loan for water system study
Anderson Perry has prepared a letter of interest for the City in the matter
of a revolving loan-fund loan. The loan would be for a water system study,
especially investigating possible options for storage on the low pressure side of
the system. After discussion Councilor Short moved to authorize the
Administrator's signature on the letter of interest, with Councilor McMullen as
second. The vote was unanimous for approval, motion carried.
Open sidewalk bids
Two bids have been received for the construction of a sidewalk around the
south side of the new office. Lauricella Construction bid $1,870 and Strickland
Construction bid $1,700. After consideration of the bids and the need for the
project Councilor Cooper moved to accept Strickland's bid of $1,700, with
Councilor Short as second. The vote was unanimous for approval, motion carried.
Appointment of Budget Committee members
Councilor McMullen stated that Susan McMurdo said she would consider
serving on the budget committee. She had been previously appoint for just a
year to fill a vacant position. Cass Lisk was in attendance. He indicated that
he would be willing to serve on the committee. No one else had made any
contacts in this matter. Councilor Stover moved to appoint Susan McMurdo and
Cass Lisk to the open positions on the Budget Committee, with Councilor Short
as second. The vote was unanimous for approval, motion carried.
Correspondence
Lloyd Clark, re. rock wall at 10th & Detroit
Mr. Clark has submitted a letter protesting the construction of a rock
retaining wall at 10th and Detroit on the property of Cass Lisk. Mr. Clark is
alleging that the wall presents an undue danger to children and is a traffic
hazard.
Mr. Garlitz informed the Council that he had requested both the Police
Chief and the Public Works Director to investigate the allegation. Neither
department has any safety concerns for the retaining wall. The Public Works
Director has noted that the wall does encroach into the street right-of-way on
10th street by 5 to 10 feet, but, this does not present any immediate problem and
does not, at present, limit the public use of the roadway. Mr. Lisk has been
informed that in the future, if the area is required for public use, he will be
required to move the wall.
Chief Sibely did not see any traffic or other danger associated with the
wall. Councilor Stover noted that he has inspected the wall. He sees no reason,
at this time, to require the wall to be removed.
After further discussion Councilor Cooper moved to state that the City
Council has reviewed the complaint of Mr. Clark and has found no threat to the
public safety or convenience that, at this time, requires remedial action of the
City, with Councilor Stover as second. The vote was unanimous for approval,
motion carried.
Valley Insurance, re. agent of record
Art Rhodes of Valley Insurance has submitted a letter requesting to be
considered as the City's Agent of Record of insurance matters. Mr. Rhodes was
present at this time. He discussed the role of an agent of record with the
Council and traced out the City's history in this regard. After discussion, Mayor
Smith requested the Administrator to advertize for an agent of record for the
City, and to present the proposals to the Council, for consideration at the next
meeting.
Oregon Donor Program, re. promotion of the organ donor program.
No action was taken.
Good of the Order
Unemployment payments for currently employed personnel
The State Employment Division has billed the City for unemployment
payments for Jeff Luse. Mr. Luse has been laid off at Boise Cascade and is
subsequently eligible to receive unemployment benefits.
Since the City of Elgin is an employer of Mr. Luse, the law requires the
City to make a proportionate payment to Mr. Luse's unemployment benefits. This
is a reasonable and just requirement, provided Mr. Luse is no longer working for
the City and has been terminated for reasons that allow him to receive
unemployment benefits. However, Mr. Luse is still employed with the City in the
same capacity that he has always been employed.
ORS 657.471 would apparently relieve the City of payments for
unemployment benefits as long as Mr. Luse remains employed at his normal
amount, however some obtuse provision of ORS 657.504-505 removes the City from
this protection.
Mr. Garlitz stated that he has had lengthy phone conversations with the
Division's personnel, but to no avail. Their position is that the law is the law.
Wes Hare, as city administrator in Oakridge, was required to pay
unemployment for a stipend paid by the city to a volunteer fireman, even though
the fireman remain in the department and continued to receive the stipend.
Councilor Cooper related a similar situation wherein his church was required to
pay unemployment for a part-time church employee that continued to be employed
by the church.
This is obviously not an isolated situation, but has not been dealt with,
possibly because it involves a small amount of money and affects only small
municipalities and non-profit organizations. The issue was discussed with
Representative Simmons, who has expressed an interest in working to correct the
problem. Mr. Garlitz noted that Governor Kitzhaber had stated, last wednesday
evening in La Grande, that democracy depends on the informed consent of the
governed. He told the Councilors that he was informing them of the situation in
order to obtain their consent.
After considered discussion, Councilor Stover moved to refuse payment of
the unemployment charges as unjust and an inappropriate expenditure of public
funds, with Councilor Cooper as second. The vote was unanimous for approval,
motion carried.
This matter was referred back to the Administrator, to seek a remedy
through the political process.
Approve Bills
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 for an executive session per, ORS
192.660, regarding contract requirements for Hunaha Park.
Mayor Smith reconvened the meeting, no action was necessary as a result
of the executive discussion.
Councilor Cooper moved to adjourn, with Councilor Stover as second. The
vote was unanimous for approval, motion carried.
Minutes respectfully submitted;
Joe Garlitz,
Recorder/Administrator