City Council Packet - 07/23/1962 T 1 A R P (7 1 T v 'r n U NT C I L
MINUTES OF SPECIAL MEETING JULY 23 19b2
Those present: Mayor Phillips, Councilmen Aitken, Hanneman and
Woodard, and Attorney Anderson. And from the
Water Board, President Ames, and members Tigard,
Nicoli and Brown.
Mayor Phillips called the meeting to order at 7:30 P.M., and
Attorney Anderson administered the oath of Office to Mr George
Sitton, who had been chosen to complete the term of office of
Mr Arthur Verharen.
There was'discussion of the error in water metered at the Nalley
Plant over the past 15 months, April 1961 through June 1962,which
had been disclosed during the engineer's check on the disposal
plant at Nalley's. President Ames explained that when the meter
had reached capacity, the addition of the zero had been omitted
during those months. It is an understandable error, and one that
can be proven. Attorney Anderson expressed that a mutual. error
of this kind is not unusual, the water and sewer service was.fur-
nished and underpaid, and in such a case the law provides remedy.
Attorney Anderson recommended a letter be written to Nalley's ex-
plaining the error, and showing the amount unpaid.
Attorney Anderson's recommendation for handling the matter was
approved by both Water,Board and Council members. "Mayor Phillips
requested Councilman Woodard to,prepare the necessary>letter:to
Nalley's. '
Mayor Phillips inquired of President Ames whether it would be pos-
sible to have the City and water Board elections, which are
scheduled for August 3, 1962,- held in the 'Community Hall, in order
that office work>might;go on ,as usual that day. -President Ames ex-
pressed his concern that both elections are being held-the same
day;, and since Water Board elections had always been held in 'that
office, they prefer that it continue that'way. At this point the
Water Board left for their own meeting.
Councilman Woodard then requested Mr Dan Bertuleit to explain the
additional bill for $22.93 on the General Liability Policy for
which payment o£`a second year premium of $55.98 had been approved
June 29, 1962. Mr Bertuleit stated that under Oregon Law auto lia-
bility must be written on an annual basis. The 'first year premium
of $76.10 had included the additional premium for non-owned auto-
mobiles, and the .statement mailed this year for ;$53.98 was in-error'
and should have included the $22.93. It was agreed this would be
paid.
Mr Bertule t explained that, the amount of $66,900 fire insurance
coverage at the sewer plant had been arrived at after he and 'Sup-
erintendent canoe had gone over the plant finding several additions '
had been made and not included in the policy written int1960.This
coverage is on a blanket basis with 90% co-insurance covering,'pro-
perty that would be destroyed'by fire. Attorney `Anderson ex ff
ssed
that in event of claim, the burden of proof to establis�i�'loss s
on the insured., It was agreed Engineer Carter would check the
values and report his recommendation.
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Attorney Anderson presented copy of the new Eastham Deed, stating
that Mr Eastham had been in his office this day, and made no objec-
tions regarding the transfer of the property to Tigard for a.Park,
Mr Hobe Vermilye and Mr Janoe, representing Tigard Development Cor-
poration, presented the plans approved by that group for the new
access route to downtown Main Street. It beina their recommendation
that the request to tine State Highway Commission be City sponsored.
However, the group have officially appointed Attorney Charles Peterson
and Engineer Lee Caufield to serve, if the City so desires, the Cor
-
oration to give every assistance possible. It was planned Council-
man Hanneman would attend the Tigard Development Corporation meeting
on Friday, July 27, 1962, to decide just when and how the plan would
be presented to the State Highway Commission. Councilman Hanneman'
requested that Engineer'Caufield be in attendance at Friday's meeting.
Councilman Woodard then presented Engineer Bringle who read a'highly
technical, report of the results obtained from the testing recently
concluded at the-Nalley Plant. Written report will be provided for
the record. It boils down to the fact that Nalley's are away beyond
their contract, and that the contract provides definite corrective
measures. Engineer Carter pointed out that industrial waste is a
nationalproblem, that this, and the fact that there is no easy solu-
tion, was recognized at the time the Nalley Plant came to Tigard.
Mr Bringle,stated additional testing will be necessary to determine
how best to handle the problem. It,was agreed the letter advising
of the error in metered water and the additional $1330.58 due for
sewer service for the past 15 months would start the ball roiling,
Councilman Woodard reported that Contractor Klock has had one of the
manholes on the road into his Lomita Addition raised some la inches_`
without notifying the City, and without inspection. The sewer and man-
holes in that Addition had been installed according to Mr Klock's plans,
and now he has stated that the sewer was not correctly installed, even
though it was done according to his own engineer's specifications.
Engineer Carter had only ;approved the plan. : Engineer Carter expres-
sed also that the problem of County approval for the road also ,enter
ed the picture. It was planned Engineer Carter would check with the
County Road Department and report to Councilman Woodard. i
Councilman Aitken read a letter received this day from Beaverton Rural
Fire District, expressing their recommendation that the City of Tigard
remain a part of Tualatin Rural Fire District, which is a'reversal of
their former approach to the problem. '(Letter attached) .
Councilman Hanneman had discussed the bill for dust-oiling Ash Street
with Owen Snyder, and letter had been,prepared advising that (after
budget,approval) , the City would pay one-fourth of the cost, $18.75,
the balance to be paid by ,the 3 property owners, one-fourth each.
The letter clearly stated that no road 'work is to be done in the City
without written contract with the Citv (Copy of letter attached)'.
Councilman Hanneman reported that Mr Harold Ayers of the State Highway
Department had checked the' 3 streets on which we applied for State Aid`
in February 1962. Ash Street had been :taken care of, as above stated,:;
McKenzie had been rejected.by the State as not qualifying.; Mr Ayers
felt that Lincoln Street would qualify ;under the special allotment,
that hewould'recommend the maximum of $20,000 from the State to pro-
vide a first class paved street, but that the cost of curbs woura need
to be borne by the City or the property;;oo{ners. The curbs would cost
about $1.10 per running foot. This would, Of course, have to be`approv-
ed by the State Department. If it is necessary to use road funds for
7-23-52 Page r2.
'3,
for curbs or a part of the cost of same,; it ..ould be ccaaaress' y
l.c.. LO
ask the County to deduct that amount from the $9500 reported to the
County as available for their 5-year road program. The State would
also require storm sewers and how to finance this would be a question.
whether part sewer and part road funds, and it is possible the storm
sewers already there would have_to be moved. Councilman Hanneman`
expressed that while this may meet with objections from some,of the
property owners, it is well to remember that unless we help as much
as possible we will never get any improvements. This, if approved
by the State, would not start until next May or June, but we would
need to save what we have now for the best we can get in the future.
MayorPhillips' reported that the Junior Chamber has again offered
to assist in publicizing the election August 3, 1962, with a tele-
phone committee,
ele-phone"committee, loud speaker', etc.` First draft of lettertobe sent
by the Council to all registered voters will be discussed with each
councilman for approval as soon as figures as to assessed valuation
of the City are available from Attorney Anderson. MayorPhillips
asked if councilmen would be willing to bear the cost of postage
and there was agreement.
Mayor Phillips,is preparing to re-arrange the duties of councilmen
in an effort to equalize the work.
Contract for the 1961-62 audit will require some clarification from
Mr Savage, since it would appear it will need to cover the full fis-
cal year just passed rather than from September 11, 1961 through
June 1962.
Councilman Woodard reported that Contractors Incorporated had re-
ported to him that a plumber would be taking care of the work on the
clean-out plug at the Tigard Plaza, which work'Superintendent Janoe
had requested stopped:last week.
Councilman Woodard MOVED to adjourn, SECOND by Councilman Aitken, ;
and approved.
Meeting adjourned at 10:00 P. M.
Repe tfully s mitted,
Clerk
r
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