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City Council Packet - 05/25/1964 TIGARD CITY COUNCIL MINUTES OF MEETING MAY 25, 1964 Present: Mayor E. A. Woodard; Councilmen F. J. Cooper; F. II. Bergmann; C. E. Klock, Sr. and City Attorney F. A. Anderson. Councilman N. E. Johnson absent. Also in attendance were the Budget Committee Members; A. Pietila; A. A. Biederman; A. Mason; M. C. Levin; L. Girod and E. C. ITunziker, alternate. Meeting was'called to order by Mayor Woodard at 7:30 P.M. Reading of the minutes of May 11th requested; minutes having been read call for corrections or omissions was requested. The following corrections were offered. Councilman Bergmann: Page 5 the first paragraph I also voted "no" also on page` 4 in the middle of the page it was decided this would be turned into the City Recorder from the department only once a month. :Councilman CoupeY; I was under the impression it .was to be turned in every day so the City Recorder would have time to compile the sheets. It would be quite a problem to do that and have the checks made out. Mayor Woodard: It doesn't say either way there. Councilman Bergmann: The preceeding paragraph would lead' you to believe they would be turned in every day to the City Recorder. Councilman I-lock: My understanding is the same as his. Mayor Woodard_ It is O.K. 1with me if you turn them in early enough.' If there are no further objections or corrections the minutes stand approved as read. Do you know if'Councilman Johnson is coming tonight? ` Councilman Bergmann: He said he would be here. !Mayor Woodard: The interceptor contract, we would like to award to Frank T Matthews Inc., do we want to have it read; would the Council care to hear the contract of $83,446.00 which we have talked about:before. Councilman Cooper: What has transpired since then. ; Attorney Anderson: I wrote him the letter as you directed me to and I have no 'response. The letter said that he would be asked to sign a contract at a:future time, he has not responded, the only way is to tender him one. 5=25--64` Page '1 min= OEM Councilman Klock: - Attorney Anderson read it in accordance with the legal phrasing so I would move we send the contract to Mr. Matthews for signature. Motion seconded by Councilman Cooper and upon call for vote the motion was unanimously approved, majority;members being present. Councilman Klock: in starting the sewer line was there anything in there where it starts, at the lower end, nothing says they start at the other end. Mayor Woodard: No, but we will start at Willock's end. We now have the ordinance on the Methodist Street Vacation; will the Recorder please read the Ordinance in full and by title. At this point the Recorder read Ordinance number 64-7 in full and by title only. Councilman Cooper: I move that Ordinance 64-7 be adopted as read. Motion secondedbyCouncilman Klock. Upon call for vote the motionwasunanimously approved, majority members being present. Mayor Woodard: We will now recess the Council Meeting until later in order to proceed with the Budget Meeting. Will the members come forward please and proceed with the election of th: ir officers after which the budget message will be read. The Budget Committee then selected as their, Chairman Al Pietila and Lou Girod as Secretary. Both men were elected by unanimous vote of the Budget Committee. Attorney Anderson,then advised,the Budget Committee Members as to their duties and suggested the budget'message be,read by the Budget'Officer of the City,; Mayor Woodard. The next meeting of the budget committee and City Council will be held not less than ten days following this meeting at which time you make your report to the Executive officer of the Budget Committee. The ne_a meeting was set for June 8th' at 7:30 P.M. Mayor Woodard then read the budget message of the City of Tigard as follows: "This meeting for the City of Tigard is called to order pursuant to Section 17, of Chapter 576, `Oregon lLaws of 1963, which provides that a budget message shall be delivered at the first meeting of the budget committee. The Budget Committee, consisting of the five members of the City Council and five members at large, is assembled to hear the budget message;and thereafter at a later date to consider the formulation of the budget for the year starting July 1, 1964; and ending June 30_1965. It is my purpose as Mayor to advise you of the various aspects of the budget outlook for the forthcoming year, and T will now do so. 5-25-64'- Page 2 The Local Budget Law as amended by the last legislature prescribes in detail the information that must be reflected in a municipal budget, and as budget officer and with the help of the accountant I have caused a budget document to be prepared, zpa a copy thereof will be available for inspection in this office by any taxpayer desiring to do so. The budget'document provides in detail for all income and expense items anticipated for the forthcoming year, including street lighting funds, sewer plant expansion fund, sewage disposal fund #1, and bonded debt #2. Each department or fund requirement is supported by a separate breakdown sheet. With respect to theproposedfinancial policies of the City during the forthcoming year, it should be noted that- the proposed budget anticipates no general tax levy beyond the tax'base"of last year plus 6 per cent, or a total general fund levy of $15,900. In additi.6n to this there. is, of course, the matter of servicing,the items ofbonded debt previously approved by the voters. The requirements. of principal.-and interest for debt retirementtotal $15,805.00, making a total levy of $31,705.00, including both the general -fund-and debt retirement.- All other expenditures anticipated by the proposed'budget will be met from revenues. This outlook is fully reflected by the budget document and, subject to the determination to be made by the Budget Committee, will form the financial policies for the forth- coming year. The,proposed budget`contains no provision for general operating contingencies for the reason that to do so would" require:an additional levy beyond the six percent limitation, and it is felt that with proper administrative control the; occasion for operating emergencies can be eliminated. To summarize, the budget proposal 'then, Yit is to be noted that the City will have outstanding for the forthcoming year a bonded debt in the sum of $198,000, and total revenues accruing to the general fund, aside from tax revenues anticipated, total $24,150.: The total general fund budget ' is tallied at $39,150.00 including the tax levy, of which $10,850.00 is for personal services, $4,710.00 for materials and services, and $500.00 for capital outlay, for a total in the administrative department of $15,060.00. As' I have previously indicated the details with respect to departmental budgets,; both income;and expense, are reflected in the budget document which will be on file. If there are any questions concerning the financial outlook { for the forthcoming year as forecasted by the budget;document I will be glad to explain further if necessary." 5-25-64 Page`3 After the reading of the Budget Message the Budget Committee asked various questions with regard to items. The cuesti.on also of publication also came urs ar3Attorney Anderson suggested you must publish the br:actet :for a heari.nn to be held r-rior to July 15, 1964. You must nublish the budget for not less than 15 days before the budget hcari.nn_ After the hudrec. 4 is compiled, if you ';old the • eeting nemt, Friday, you couldn't get it into the 1-aner before `?, l.lth, 1.:3th ane; 25t'n fortrie 'near ina June 219th; you •::oi,1 have t-) firm it up and still beat the t,ea:_iline. Councilman riergmann: Do `wc have to have another meeting if it is to be changed. Attorney Anderson: Yes, this is the r,relirrinary document. Councilman Bergmann: flow are we going to act the bu.:get published, Attorney :Anderson: You shoulca determine : f you want to make changes, what is changed would be the budget as the proposal then sumarize the budget and puhl ;s;i i.i after. that ,o,: -crave iiie hear rc! ce iiele not sooner than 15 ' days. At that hearing you can lister. to the citizens and make changes; "Lf you make c'ranges you have to co through the same thing again. The budget hearing is to conform to the law. Anyone can come down here and tell the Cburczl how they 1.�Iant it to be run next year and give the Budget Committee the comments; you have no choice. At 9:23 P.M. the Bddcret Committee a?,journed upon motion by M. C. Levin, seconded by A. A."Biederman and unanimously approved by the Committee. Mavor Woodard:' Council will now reconvene and we will have a report on the casements. Three people have indicated, they will now sign. .All except Mr. Hord and it appears at the moment we will Dave no more than one condemnation pro- ceeding. Attorney Anderson reported in the case of J. H. Schulte there were certain conditions he`wanted in connection with his easement that since his property is residential„in one instance he requests the top soil be segregated and re- placed on top and that it is to be compacted and reseeded; ` f he wants the fence closed up at night and wants nobody trespassing other than in the easement area. I would like to know whether such matters as this are within my prerogative to bind the City so ;I can settle these cases. Councilman Cooper: I don't see anything unreasonable in Mr. Schulte's'I case. Attorney Anderson: It should be the primary purpose to see that these things that are agreed to are done that is one 5-25-64 Page 4 of the causes of,our present problem. If you instruct me to settle these cases these things would not be in the deed, you put them in a letter, a committment letter that accompanies the deed and I would say I have the authority of City Council to do this. I would suggest the Mayor might sign' these letters, I can compose them. Councilman Klock: In keeping with those things why couldn't we then make an arrangementwith the sewer contractor for example, that the top soil shall be placed to one side, the fencing and the seeding, we could let out those contracts prior to the sewer work so we know those things are covered or a directive should go to the engineer. Councilman Cooper: I suggest no back-filling be done until there is somebody from the City present. Attorney Anderson: In the case of Shaw he will go along on the basis of top soil and reserving certain trees in his grove. -In the case of Greenwell they have a condition in their option, any small trees shall be removed and care- fully replaced and guaranteed for one year, the top soil and ditch to be filled in after it has settled. Councilman Klock: I would feel that if we put it in the deed the information would be passed to the engineers and it then becomes their obligation. Attorney Anderson: It isn't customary to put all side issues in the deed, we put it in a separate letter. Maybe that's the safe course to put it in the deed. Councilman Klock: Whatever you recommend, I so move„ to write up the easements and put it in and see that it ;is complied:with. Motion seconded by; Councilman Cooper and upon call for 'vote was unanimously approved by'majority f ocouncil members being present. Attorney Anderson: I could prepare the easements but seeing that it is done that is getting out of my bailiwick.' The erfgineer.'should see that it is done and he iwould `3e entitled to extra compensation if those elements were included. I think we have to be careful with it, I-have got them all out and it will take some time to get them back and include those provisions. Mayor Woodard: On the Parking Ordinance the man who is interested in that is not here so we will have to hold that up;and he has the letter on the County Roads so I imagine we will have to post-pone those items until our next meet- ing. 5-25-64 -:Page 5 Discussion follc;aed with respect to Ordinance on parking on S.W. Pacific Highway during which time Councilman Cooper moved that ordinance number 64-8 be adopted with the figures of loo feet put in in the northeasterly direction and 75 feet in the southwesterly direction. However Councilman Cooper subsequently withdrew his motion and moved that the matter of the parking ordinance be tabled until the next meeting. Councilman Cooper reported on the library stating that the opening on May 23rd was very well attended, the State Librarian was here and a number of other librarians in- cluding some from the City of: Portland. He stated the comments were very complimentary and that while the library is small it certainly will continue to grow and that every- thing at the opening went 'along very nicely and smoothly. on the flag;pole Mr. Janoe can give a report on that. Mr. C. E.`Janoe reported that when the material was delivered it was not a revolving truck, the bearing was not in and he made a special trip to Portland and that Councilman Cooper was cooperating with him to get a bearing installed and that he would have the bearing tomorrow and the flag pole` would be in;position in time for dedication. Mayor Woodard: The American Legion is ready to put on the flag raising on Decoration Day if itis approved by Council as they are the only military outfit here in Tigard so I told them if we would be sure to have the flag pole ready I would notify them tomorrow night at their meeting and I would like the reporters present to put that in the paper. Councilman Klock advised he had nothing further to bring up. Councilman Bergmann moved for adjournment, motion seconded by Councilman Cooper and unanimously approved by Council. ' Adjournment taken at 9:55 P.M. Res �c)tfully submitted, ATTEST: CGC �VlG j t�iG 2 / f" CITY CORDER Mayor 5-25-64 - Page 6