City Council Packet - 03/09/1964 CITY OF TIGARD
TIGARD, OREGON
March 6, 1964
Mayor E. A. Woodard --*-'
Councilman F. J. Cooper
Councilman F. H. Bergmann
Councilman N. E. Johnson
Councilman C.. E. Klock, Sr.
City Attorney F. A. Anderson
AGENDA: MEETING MARCH 9, 196
TIGARD CITY COUNCIT,
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�asements for interceptor
i Road fund for Ash Streetjw^ .rid
�✓� Resolutign_for _Ci:ky,Stree 1����;✓11C'
Repairs to sewer line on 95th Street -ri�t.. u`
-Tax---Street�nc3
Authority to ask for state grant $20,000. foz
" bridge on Ash Street
- Flag pole
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TIGARD CITY C O UNC I L,
MINUTES OF MEETING MARCH 9, 1964
Present: Mayor E. A. Woodard; Councilmen F. J. Cooper;
F. H. Bergmann, N. E. Johnson; C. E. Klock, Sr.
and City Attorney F. A. Anderson.
Mayor Woodard called the meeting,to order at 7:30 P. M. and
requested reading of the Minutes of the meeting of February
24, 1964. The Minutes were read and upon call for corrections
or'ommissions, the following were offered:
Councilman Bergmann: on page 6, third last paragraph; is it
not true Attorney Anderson, all members of Council are obliged
to vote on all matters. Also on page 8 the last paragraph.
Mayor Woodard: In each case there should be insertedthatI
voted NAY.
Mr. Meigs: (Of Stevens and Thompson, Inc.) On page 8, the 5th
paragraph, I'would like to make a correction, the leakage loss
should be 1/2 gallon per hour perinchof diameter per 100 feet
of line.
Attorney Anderson: On page 8, the ninth paragraph, a statement
attributed to me, I do not recollect saying that and request
that paragraph be stricken from the Minutes as not having been
made.
Mayor Woodard: With these corrections, the Minutes stand
approved-as-read.
Mr. Meigs of the firm of Stevens and Thompson, Inc., engineers
for the City of Tigard, made a very comprehensive report on the
status of the interceptor sewer line. He advised of the 'chance
in the size of the Ash Street line to 12". Mr. Meigs advised
we have all the Federal regulations and'so forth, in the
specifications now and Ifeel it would be"a good idea for you to
advertise for bids as soon as' you 'can, or feel you can. It,is
Em March now and our office is advertising several other jobs
at the present time and it is really quite surprising the
amount of interest being shown by 'contractors t`this time of the
year. I think we can;get a 'good price and not be so early
as to have to have a lot of,delay ;waiting for good weather."
Mr. Meigs,advised that while all steps could be taken to the
point of the award that it would have to be remembered that:
no Federal Funds would be forthcoming until all easements are
cleared.
As to theeasementshe advised there were 19 private
properties involved, the owners for 15 have signed and he
had them with him. Options are being secured for the
easements;and then later the easements are being prepared
for signature.
3-9`-64 - Page '.
MIME
Mr. Meigs explained he had copies of the options for the City
and copies for Attorney Anderson. In speaking of the easements,
Mr. Meigs advised there would be 299 feet across Mr. Hord's
land and asked if Mr. Hord were present. Being 'advised he
was, Mr. 'Meigs proceeded; "we have offered Mr. (lord, as we have
offeredeverybody else, 504 a foot. However,` Mr, fiord has
property that was assessed by the'Tigani Sanitary District for
a total cost of $1456.52 and he is unable to connect his base-
ment to the sewer that serves his land. Tie nevertheless paid
the full assessment plus interest and he feels some adjustment
should be made for,this; a connection from his house to the
interceptor sewer including the necessary pipe would satisfy
him on this account. Is that where we stand, Mr. fiord?
By Mr. Hord• Yes.
B y Mr. Meigs: To do this would be around $250.00. The
Council bhould decide if Mr. Hord is asking for a reasonable
settlement or if the Council may think something else would be
reasonable.
Before you make up your minds, ,I should point out that we
have two other people who are unable to get into the existing
sanitary sewer in front of their houses and who feel that they
ought to be connected to the sanitary sewer and another man who
is not connected to the sanitary,sewer in front of his house; he
can, but he wants to connect to the, interceptor' and he feels the
City should pay for that.
Mr. Schulte, on Johnson Street, was assessed for the sewer
on Johnson;.the sewer is too high to serve his basement. There
was a tee laid out in the street, the basementisnot high enough
so his basement has never been connected to the existing sanitary
sewer. It would require 200 feet of 4" pipe between the house
and the interceptor sewer.
we have Mr. Shaw, on Johnson Street, who is not eonnected,
as I understand it, into the Johnson Street sewer and who would
rather be connected ,into the interceptor' sewer and feels the
City should pay for that.
Councilman Cooper: Can he get in at the proper grade?
Mr. Meigs: I am told he can and also he is connected to a
septic tank.
Mr. Lee's land 'abuts on the south Mr. Hord's and on the
north Mr. Boehi's. Mutter (?) said he will sign if Mr. Lee
will sign and as it boils down, Mr". Lee is agreeable;to sign if two
outlets are provided in the iupper 'and lower portion of the
property;owned by him;if the price paid to him is no less than
to any other person. I suppose he means per lineal 'foot. ` Mr.
Lee has a big tract there; we want to run the 'sewer line thru
from the set-back according to the zoning law. His land is
do zoned R-5 and the zoning law set-back is 20 feet. This is one
line that would not be interfering;with any surface construction
Ex of his. The interceptor line would go across the lower part
of the land, true, it divides his land but having the sewer ;
down there would certainly help him a lot in developing that
3-9-64 - Page 2.
amount that lies on Burnham. Mr. Lee wants $1.00 a foot and
these two outlets. He wants permission to build over the sewer;
wants a free hook-up from his resident, about 200 feet.
Councilman Klock: Any place they ask can they build over a
concrete pipe?
Mr. Meigs: Several people have asked for the right. I don't
think a foundation should be put on top of the sewer. If the
City does give the people the right to occupy, to build on their
land, there should be something in case the sewer fails or the
fill settles. It is a big enough sewersothat I don't think
there is going to be much trouble with it plugging. I don't
think there will be very much maintenance required on it. I do
think the city should be protected from liability in case of the
failure.
Councilman Klock: Can the structure be cantilevered over the line?
Mr. Meigs: Yes I think you could arch the foundation over the
sewer line. We are specifyingvery strong;pipe. We do not
know w)-it the future will bring, whether roads will go in there and
so forei. on aline of this size I am not too wary
peopl, build provided the Cit is eq having
Y protected from subsequent damage
that might occur_
Mr. Boehi signed the easement and has asked for a dollar
Per lineal foot for the'easement. This easement permitted us
c ..-
to straighten out the line and saved a manhole. '. I think.actually
considering'the property we are going across: also being on the
main City business street that his request is worthy of
consideration. By letting us take out that manhole.. we are
saving more money than if we paid him $1.00 'a foot,
Across from Boehi we have the Christiansen and Giles, all
they want is permission to build.
(From this point there was more discussion and some of it centered
around locating the Diekmann to sign the option for easement on
the Matney property.)
Councilman Klock: To clarify this thing;-I would make a motion
we direct Mr. Meigs to 'phone the Diekmanns in an attempt to
expedite that smatter. Motion seconded by Councilman Bergmann
Upon call for,vote the motion was unanimously approved by ;
council, all members being present.
Attorney Anderson: I would make the observation, what you do
with these is going to ride with you in the future. You;better '
make a policy, because you are going to be confronted with=the
precedent you set and it is not entirely fair :that you pay the
easy ones
case. one price and allow special concessions in another
Councilman Cooper: I believe three caAAs v^d -
are the result'- Maybe'aii four,
Of engineering that was not the best we could get.'
In the future we should get;the best engineerina. We can then
3-9-64 - Page 3. ---
keep out of a lot of these problems that we are facing today.
Mr. Meigs: Let me observe this, we have made a summary or
preliminary sewer to go up to McDonald from the Methodist Church.
A large percentage of that cost will be right-of-way without
question. Is think the way your City is laid out you are
probably,going to eventually have ,Large or relatively large
portions of your system in easeements'because'the'sewer should
follow the path of least resistance and follow the creek. I,
think there will be a lot more easements to get as your system
develops.
Councilman Klock questioned Mr. Hord with respect to his request
for payment on his proposed easement and suggested several
propositions of payment, none of which were acceptable to Mr. Hord.
Mr. Meigs: We can check Shaw's and Schulte's properties, if you
want us to.
Mayor Woodard: I would like to have the Council make a motion
to have Mr. Meigs go ahead and put out for bids on the interceptor
line and in the meantime he is going to re-check these easement,..
We would not be in any different position than we are now in
settling these and that will keep us from holding up the work.
Mr. Meigs: You should direct us to name a date for opening
the bids andwe should advertise for more than three weeks so if
we were to advertise,` the earliest would be on the llth.in
the Daily Journal of'Commerce and on the 12th in the Tigard
Times. We should advertise ;in both of those, so 21 days would
be the 8th of April and the 4� meeting in April is the 13th
of April, so I suggest you'consider, opening the bids,on the
13th of April and it would not require a' special meeting.
Mayor Woodard: We should move for Mr. Meigs to advertise
for bids for the contract so as to get it in the papers on the
11th and %12th and the bids to be opened at the meeting on
April 13th.
Councilman Cooper: I so move. Motion;seconded by Councilman
Bergmann. Upon call for vote the roll call resulted as
follows:' Councilman Cooper,j AYE; Councilman Bergmann, AYE;"
Councilman Johnson, TAY; Councilman Klock, AYE- Mayor
Woodard, 'AYE. Motion approved by: majority vote, all council
members being :present'.
Mayor Woodard: I asked Mr'. Johnson if we could place on
six months' time deposit, six thousand dollars and I was
wondering' whether the Council would approve this to go in
for the Road Fund to pay to build from the creek up Ash Street.
In order to get this bridge money that we can get, $20,000.00,
we have to get the approval of the State':Engineer to be able
s to --se these Road Fun da We havee to put in our application
to the State for the Grant by the 'first of July`.
(Discussion followed.)
3-9-64 - Page 4.
Mayor Woodard: We have a Resolution that should be passed,
establishing a State Tax Street Fund. (Reading the Resolution,)
Councilman Johnson: _ I move that we, establish this State Tax
Street Fund. Motion seconded by Councilman Klock. Upon call
for vote the motion was unanimously passed by Council, all
members being present.
Mayor Woodard Is there anyone in the audience that has anything
to bring before Council.
Mr. Orton spoke on Mobile Home sewer charges stating he had five
acres he wanted to develop into a Mobile Home Court.
Mayor Woodard: There isn't a thing we can do about the sewer
until we could get an annexation;up there. We couldn't give
you an answer as to when we could have sewers up there. At
the present time those are the charges and on an annexation we
don't know; we haven't had a meeting with the people as yet.
Mr. Orton: If the annexation goes through would the charges
be the same?
Mayor Woodard: As the Ordinance is, yes. We would like to
tell you about the annexation but we have to depend on what'
the people are going to tell us, the first meeting is set for
April 8th.
Anyone else in the audience have anything tobringbefore
the Council,
Mr. Robert Hollis: I represent Mrs. Rhodes who is the operator
of the Rhodes Cafe. We want a clarification of the handling
of the affair several weeks ago. According to the newspaper
accounts some action was proposed by the Acting Chief of Police
in respect to the closing of what is called a "teen-age hang-out
Mayor Woodard: Councilman Bergmann hasn't said anything.
Councilman Bergmann: The Chief of Police did talk shortly after
`. the;affair to the'City,Judge ;and the Attorney, I don't know
anything about it, maybe they can better tell us what was said
at the conference.
Attorney Anderson: I:can tell yoe'what I told him; (referring
to Acting;Chief Batchelar,1 I would,rather,he report.
At this point Acting Chief Batchelar aave;a partial report
of his activities in connection with the matter in question.
Councilman Cooper: I would like to make it know this is the
first time` I have heard about it.
Attorney Anderson: The Chief was in to see mer I told him if
it was of 'the charge as indicated, it should be referred to the
District Attorney. The only:authority'of City Council was y
3-9-64 - Page 5.
Ordinance number 62-17, which is a Nuisance Ordinance. If
the matter indicated a sufficient application of this Ordinance
the matter would be considered by City Council and a nuisance
abatement request could be issued. If the investigation is
not completed--- is the investigation in the hands~of the
County Sheriff? (Addressing Mr. Bathelar.)
By Mr. Batchelar: Oh yes.
Mayor Woodard: I understood Mr. Hollis to say he talked to
Mr. Barnes and he could find nothing wrong.
Attorney Anderson: What do you recommend, if anything, should
be done by the Council?
Mr. Hollis: If the Council has sufficient information for it
to proceed with any formal action against the premises, we
should be advised. If not, it should go on record as closing
the matter, finding no action necessary, by whatever form of
resolution would be necessary.
Attorney Anderson (Address;nn r__nc4 l.) ;mould it a$Heaz there
is a matter officially before you? (Addressing Mr. Batchelar)
Is it your desire to bring anything before Council. By Mr.
Batchelar: I don't feel anything-I might say would bear any
weight.
Attorney Anderson It would seem tomethat since there is
nothing on the table that you cannot:say then the matter is
closed or may not be closed; if you are going to take any
particular`action you may be impetuous. I would suggest that
it would probably be best to let the matter ride for the moment
and suggezt that there be no further publicity by anyone connected
with the City at all. I think the point is ;well taken "stirring
the ashes when there is no'fire"'-is undesirable. There is no
real reason to say, close the case, you have no case before you.
There was further discussion between Mr. Hollis and Mr. Anderson
with respect to the Nuisance Ordinance and Mr. Anderson suggested
the City has nothing'presented before it which gives the City
Council;jurisdiction to consider whether anything is a nuisance,
the matter is before The Court. It is only upon the information
available to the City Council including the,report ,that the
Juvenile Office has inspected the premises and finds no nuisance
condition there so that the City Council feels that there is no
ordinance that would give the City jurisdiction in this matter
and it is strictly in the hands of the County;and other officers,
if any at all..
Mayor Woodard:` I think we should get a,report from our Police
Officer stating to the Council that the marter has been closed
�. and then we will have something on which we can proceed. I
think until we get the report the investigation is over, I
think there is no sense in going on with this as I don't believe
the Council can do"anything'.
3-9-64 -;Page 6.
Mr.. Hollis: - Would we be aiven notice if any action were going
to be taken?
Attorney Anderson: If the Council should determine that any
condition within the City''constituted a nuisance, the Ordinance
provides for notice to be given the owner of the premises and a
notice would be posted on the premises directing the abatement
of the nuisance. If the owners did not taken any, action then
the City would be in a,positi.on to abate the nuisance. The
procedure whereby that would be done in this Ordiance, is
attuned more to matters not within the purvue of this case. I
presume we would have to go into the Circuit Court to abate it.
If the Council decided there was no problem, as a matter of fact,
the normal procedure would be to let the thing die. Of course,
the Council couldmakea declaration of that purpose.
Mr. Hollis: If the Council did find that, it should annouce'
that fact and make the matter known. Under the circumstances
"that would be the fair thing to do.
Mayor Woodard: We will wait for the report then,
Mayor Woodard: On the annexation, the engineer gave me the wrong
figure for the sewer coming up through the gullet', he gave me the
price per foot all right but he didn't say that half was for each
side; Ash street to the south would come to $4.00 a foot.
Mr. Virgil Drummond came-tows and stated since he has
been paying sewer service charges and was unable to connect,
since he is more than 100 feet away from the sewer, he is,
requesting the return of his sewer service payments. What I
want to know is how much of this money we can pay him back.
Councilman Cooper: I think we ought to pay it all back. I
would move that this;gentleman be refunded his sewer service
fees since the first day of payment. Motion'seconded by
Councilman Klock. Upon call for vote the motion was unanimously
approved by Council, all members being present.
Mayor Woodard:' The American Legion Auxiliary has requested
the use of City Hall for the evening of the second Tuesday,,each
month. Since we have no 'custodian and can not rent the Hall,
we should decline to enter into any, such arrangement.
The State Highway has replied in regard to planting on
the bank (reading the letter.)
Councilman Johnson: Park Superintendent Cook has an estimate
here for $482.95 for material and equipment for the'park. 1
think he should discuss it and advise the Council what is
proposed to be done.'
At this'point Park Superintendent Cook explained what would be
done with respect to the items indicated on the list:. and also
— that the Tigard Lions Club had donated ,$500.00 for work they
will have done at the park.
3a9-64 - Page '7.
Councilman Johnson: I move that we accept this bid which will
be given to The Recorder as part of the record for the expenditure
of $482.95 which will include a pump for our well, a cable for
same, seal, about 120 gallon tank, 150 feet of 1-1/4" galvanized
pipe to be placed at the well in Tigard City Park. Motion
seconded by Councilman Klock. i Upon call for vote the motion
was unanimously approved by Council, all members being present.
't
Councilman Johnson: I move we accept the generous offer of the
Tigard Lions Club to build a building to house our pump and an
additional areafor'storage of tools, total cost not to exceed
$500.00. Motion seconded by Councilman Cooper. Upon call for
vote the motion was unanimously approved by Council, all members
being present.
Councilman Johnson report on the light at 99W, Johnson and Main
Street and read a_letter,he had received from the State Highway
Department, after which he advised the original $8,000.00 figure
was not the type signal that would operate to everyone's best
"-interest, but the light at the '$15,000.00 figure is the best one
for the area operation and it is quite the least they could
possibly do it for. We would have to pay $7500.00 plus the
cost for maintenance'.
I have a letter from Father Harrington about no parking from
Johnson to Walnut Avenue and their recommendation is going to be
checked. When we get this all we have to do is make'a
resolution making these particular spots no parking areas and
send a copy of that resolution to the State Highway Department
and they will put in the sign, ind paint the yellow area for us
to'make it more noticeable.
Mayor Woodard: We will now pay the bills.
Councilman-Treasurer Cooper then read the bills after which he
moved the bills be accepted and paid. "Motion seconded by
Councilman Bergmann. = Upon call for vote the motion was unanimously
approved by Council, all members being'present.
Councilman Johnson moved for adjournment, seconded by Councilman'
Klock and motion unanimously approved.by Council.
Adjournment taken at 11:10-P. M. ,
Respectfully submitted:
ATTEST•
CITY RECORDER.
MAYOR.
S
3-9-64 Page g.
BILLS PRESENTED FOR PAYMENT MARCH 9, 1964,
Balance Jan. 31, 1964 ---------------------------------$ 10,417.70
February Receipts --------------------------------- 6,585.17
Balance --------------------------------- 17,002.87
GENERAL FUND:
CHECK
436 - W.L.Thatcher Bldg. Insp. $ 15.00
204 - Tigard Water Dist. - Pavments collected 18.00
437 - R.V.Symons - Salary Feb. 1964 345.09
438 D.J.Batchelar Salarv'Feb. 1964 321.88
439 - E.A.Woodard 57.82
440 D.B. Hartig Salary Feb. 1964 74.95
441 -'U.S. Nat't.r Bank Depositary-Fed. WH taxes 143.20
442 P.E.R.B. Social Sec. Feb. '64 73.24
443 --Northwest Natural Gas - City Hall 72.97
44i West Coast Telephone ME9-2636 City 30.15
- 445 West Coast Telephone MI6-3344 Police 21.15
446 - Valley Communications - checkup on radio 12.00
447 - Del Ball Ford - Repairs & installation 13.71
448 Tigard Water Dist. - City Hall 5.00
449 Edwards Cash Register - service adding mach. 23.50
450 Expert Window Cleaners Janitor service 24.50
451 - Oregon-Wash .Lawman's Assoc. -Membership 7.50
452 —Tigard Times - Annexation Notice 22.27
a 453 - J.Y.Hollingsworth Planning & Zoning Exp. 9.35
454 - P.E.R.B. - Quarterly expense 1.70
455 B.G.E. - City Hall 12.70'
456 - Pacific Stationery office supplies 4.56
457 - W.L.Thatcher Bldg. Insp. 45.00
458 - Tarbell'Communications -iPolice radio 860.00
459 - Nine-T-Nine Sales - Police car 98.83
460 - Western School Supply - P & Z expense 5.40
461 - F.A.Anderson Prof. fees 166.50
462 - F.A.Anderson Prof. fees 82.50
$ 2,568.47
Balance Februaryr$, 1964-------------------------------$ '14,434.40
APPROVE r
MAYOR.
3/9/64
t
SEWAGE DISPOSAL FUND:
Balance Jan, 31, 1964-----------------------------------$ 5,108.77
February Receipts -------------------- -- 2,129.82
Balance -------- --
---------------- ---$ 7,2.38.59
CHECK:
529 C.J.Roney - Expenses to operator's School $ 70.00
459 - Nine-T-Nine Sales Pickup expense 5.55
461 - F.A.Anderson - Prof. fees 30.00
462 F.A.Anderson Prof, fees 1.90
530 - C.J.Roney - Salary Feb. 1964 321.88 "
531 R.E.Janoe - Salary Feb. 1964 224.13
532 - U.S.Nat'l. Bank Depositary Fed. WH taxes 53.80
533 P,E.R.B. Social Sec. Feb. 45.90
534 - Northwest Natural Gas Plant use 103.36
535 --West Coast Telephone -;Plant ME9-3650 23.05
536 Valley Auto Parts - Plant supplies 52.s2
537 - Industrial Iron Wks. - manhole collars 62.92 '
538 - Tigard Water Dist. - Plant use 49.55
539 Pump Pipe & Power _ Plant maint. expense 417.33
540 - Frahler Electric Co. Plant maint. 9.52
541 Sanfax Corp. - Plant maint. 55.20
542 - Pennsalt Chemicals Corp. - Plant maint. 56.25
543 - P. G. E. - Plant use 183.55
544 F.A.Anderson Prof. fees 4.02.50
545 Bob's Sanitary Service plant maint. 240.00
546 - Stevens & Thompson a/c 63-P-220-2 1012.90
547 - Tigard Lumber Co. - plant supplies 10.95
$ 3,4-32.66
Balance February2gln, 1964------==---------------------S 3,805.93
f.
SEWAGAGE DISPOSAL CONSTRUCTION FUND:
Balance Jan, 31, 1964------------------=---- ----5 3,807.83
February Receipts ---------------------------------- 12.00
Balance ------------------------------------ 3,819.83
CHECK:
462 - F.A.Anderson - Prof. fees $ 22.00 22.00
Balance February lst, 1964-----------------------------$ 3,797,83
MISCELLANEOUS FUNDS
204 - Tigard Water District - payments collected 18.00
ROAD FUND:
205 - U.S.Nat'l. Bank - Purchase Time Deposit $6000.00
*See below for balances Road Fund.
STREET LIGHTING FUND:
206 = P.G.E.- Street;lighting contract $ 313.50
PARK FUND:
207 - P.G.E. - ,Park lighting $ 5.25'
208 Tigard Lumber Co. - Park supplies 7.95
ROAD FUND:
Balance January;31, 1964----------=--------------------$ 6,333.51
February Receipts ------------------------------- 7,231.46 .`
Balance ----=--------------------------$13,564.97
Expenditure (See above check #p205)---- 6,000.00
Balance February 28th,'1964----------------------M___- $ 7,564.97
is..
RESOLUTION ESTABLISHIP:G STATE TAX
STREET FUND
Resolved by the City of Tigard, in regular meeting assembled'
this 9th` day>of March 1964 that:
There shall be established in the books of account a
fund to be designated as the "State Tax Street Fund
in which shall be accumulated all money which the City
received under ORS 366-78 to 336,820.
Roll Call of vote:
Mayor E. A. Woodard GCS?
Councilman F. J. Cooper �cL--C�i
Councilman F. H. Bergmann .
Councilman N. E. Johnson, GG_
Councilman C. E. Klock, Sr.
t