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City Council Packet - 12/14/1964 December 11, 1964 Mayor E. A. Woodard Councilman F. 3. Cowper i Councilman'P. H. Bergmann Councilman C. E. >Klock Sr. Councilman E G. Kyle City Attorney Fred A. 'Anderson f. AGENDA: i.�ETING DEECEMBER 14 1964 x TIGARD CITY COUNCIL t Reading Of the Minutes of Meeting of November 23, 1364 Ordinance for Stan Adkins Zone Change Bearing, as set on Ordinance 64-21 i Report. Of Councilmen Report r4ua Coin lsasan on H. Schulte VN n Property Ordinance on Annexation Vance Lea -- Peters New Business (Urban R-anaml _ RYIe) t` Paying sills AnyOther rtant" Business That May Coss Before The Council, CITE' RECORDER " 1+lsreing. 7Decem or 28th, 1964 ???? k TIGARD CITY COUNCIL MINUTES OF MEETINGDECEMBER 14, 1964 Present: Mayor E. A. Woodard; Councilmen F. J. Cooper: F. H. Bergmann; C. E. Klock, Sr.; E. G. Kyle and City Attorney F. A. Anderson The meeting was called to order by Mayor Woodard at 7:30 P.M. who requested reading of the minutes of the meeting of November 23rd. The minutes were read and upon call for corrections or omissions Councilman Bergmann called attention to, the 4th paragraph on page two which should have indicated the pro- perty referred to was the Martin Tract. With this addition the minutes were ordered to stand approved as read. Mayor Woodard: The next item will be the Ordinance to be number 64-22 and I:;would like to have a motion that this be read by title only three times. Councilman Bergmann: I ,move the Ordinance be read by title only. Motion seconded by Councilman Cooper and upon call for vote was unanimously approved by Council majority-members being present. "Ordinance 64-22 was then read by title three times being Ali ORDINANCE GRANTING A ZONE CHANGE_WITH RESPECT TO LANDS OF STAN ADKINS, .BEING A PORT-TON OF 'LOT 55,NORTH TIGARDVILLE ADDITION', AMENDED, WASHINGTON COUNTY, OREGON. Councilman Cooper: I move Ordinance 64-22 be"adopted as corrected. Motion seconded by Councilman Bergmann. ` Roll call of votes resulted as follows: Councilman Cooper, AYE; Councilman Bergmann, 'AYE; Councilman Kyle, AYE; Mayor Woodard, AYE. Councilman Klock absent at this time, entered meeting later. Mayor Woodard: I now call for the reports from the'Councilmen at this time. Councilman Bergmann: I have the Police `Report for the month of November which Twill now read. Councilman Cooper: I have a letter of complaint from Mrs. Sitton. I have not had an'opportunity to investigate but will do so as soon as possible. Councilman Kyle: I have been talking to Mr. Finley. of the< Housing and Home Finance; I would:at this time like to ask' the Council for a work session with the House and Home Page 1 12-14-64 Finance Section where we can sit down and meet with them. This has reference to the Urban Renewal Section for the City of Tigard. I think the Council owes it to its citizens to in- vestigate this and see what we can find out. I might move that the Tigard City council meet with the House and Finance - Agency'on January 18th. , Motion seconded by Councilman Bergmann and upon call for vote was unanimously approved majority members present. It is my understanding that the Tigard Development Corp. have requested the State Highway Department to extend Center Street; I move at this time that the City Council request the State Highway Commission to investigate this program. Motion seconded by'Councilman Bergmann and upon call for vote the motion was unanimously approved by Council all members being present. Councilman Klock: The way our zoning is set-up, buildings' in lower Tigard if they do over 50% remodeling we couldn't grant a permit on account of parking. I think a study should be made of it. You can beat it by;over evaluating; it does create a problem for anyone who is trying to do this . Mayor Woodard I have a letter from Mr. McCracken. (reading the'letter) our engineers have advised how this repair work should be done and we must conform to what they say. We have a hearing scheduled on Ordinance 64-21, being Ali ORDINANCE SETTINGHEARINGWITH RESPECT TO PROPOSED ANNEX- ATION OF A PORTION OF PACIFIC HIGHWAY WEST AND THE NORTH- WESTERLY PORTION OF LOT 20, FREWING ORCHARD TRACTS. is there anyone in the audience who has anything,,to bring up about this. If there are no objections we will entertain a motion to adopt Ordinance 64-21. Councilman Kyle: I so move; seconded by Councilman Bergmann and uponlcall for vote was unanimously approved, all Council members being present. Mayor Woodard: I would direct that an Ordinance be drawn with respect to the property described,on Ordinance 64-21. Councilman Cooper: I so move. Motion seconded by Councilman Bergmann.; Upon call for vote was unanimously approved all Council members being,present. Mayor Woodard: I have' a letter from Mr. Greenwell. (reading letter) J. H. Schulte: The ditch was not tiled along the fence on Greenwel L's side and has" not been filled in but is level now. Two trees are completely missing on the garden side away,from the house. Mayor Woodard: We will now have a report,from the Councilmen on the J. H. Schulte property. Page 2 - 12-14-64 Councilman Klock: Not having seen the property before, it is a lot of guess work on our part. The claims were these; bent irrigation pipe, and they drove heavy equipment over the pasture and crushed tile and there was supposedly tile missing, three or four,lengths missing as it passes over the interceptor sewer. If this rig was heavy enough to bend this pipe and to crush the drain tile it is strange there are no tracks. Also this pipe has two bends. It would appear on the surface they were bentthatway to fasten the pipes together. I personally feel since we have paid the fees that we have for the engineer and the inspector, until proven other- wise, 'I am going to have to take the engineer's and inspector's opinion that it was done properly. Councilman Kyle: I know in regard to the fence there, the fence seems to me to be very secure and tight and in much better condition than the surrounding fences. I don't know about the crushed tile, I am going to have to take the engineer's report and that satisfies;me. Councilman Bergmann: ` The only thing that concerned me was lack of the tile if it was there. The fence is quite adequate and the irrigation pipe doesn't look like it was bent in such a fashion it is a`horizontal bend.'' Councilman Klock: I am confused in this issue; if it was done by :the contractor and the contract calls for the contractor's to have;$300,000.00 liability insurance for these things it seems to me it is between the contractor and the claimant and the insurance company. Mayor Woodard:' The easement states that the ground should be left in the same conditionasit was when they went in there. I don't'believe any of the Councilmen know what shape anything was before because we didn't go in there,the engineer and the inspector are the only ones who can say so, if we didn't see it we can't say. We have to take the man's word. Councilman Cooper: Mr. Mayor I don't think Mr. Schulte would come before this Council or anywhere else and say something that he did not believe. I have known'him for about 12 years and if he Said there was tile intherethen I'beli.eve there was. If the 'irrigation pipe in there was bent and there are no tracks in there of course I wouldn't be in a position to say anything about that. Mr. Schulte: Mr. Huntley here (pointing to someone in the audience) can,verify that. We went over there and you could see plenty of tracks, that was after they broke it and I dragged it out of the way.` The tile being crushed, there was no tile across the sewer ditch. Are they trying to say I took it up and disposed of it. Page 3 - 12-14-64 Councilman Kyle: -I think we are obligated to the people we hire, they are our engineers and our inspectors The in- spector was there on behalf of the City. It is not a, question of someone's word if they are not capable or competent. Mr. Schulte: You have a little obligation to the citizens of Tigard. It is not putting the City out any, if it was, I would consider donating that to the City. I would like to have that ;;portion of the contract read. City Recorder reading from contract "Responsibility for Damages from page GC-22 as follows: "The contractor shall indemnify and save harmless the owner, the owner's officers, employees, and agents (including the engineer) from all claims, demands, suits or actions of every name and description brought for or on accountofany damage, injury, loss, expense, in- convenience, or delay received or sustained, or claimed to be received or sustained by any person or persons, which damage, injury, loss, expense, inconvenience, 'or-delay may have been caused by or may have resulted from the performance of the work to be done under the contract, or from any act, omission, or neglect of the contractor, his subcontractors, or his employees; provided, however that the owner shall promptly call to the attention of the contractor any claim, demand, action or suit filed with the owner for any such injury or damage and should suit or action be commenced against the owner to recover any such claim or damage, the owner shall, before time for answer expires or before default has been entered', furnish the contractor and/or'his "surety with a copy of the complaint. It;is expressly understood that, in the event any of the hereinabove mentioned claims, 'demands, suits or actions are not settled or otherwise`satisfactorily concluded by the contractor and 'a valid release thereof or other suitable evidence to that effect has not been furnished to the owner, the owner may retain so much of the money as is due to the contractor, or such money as may become due to the contractor, under and by virtue of this contract, as may be considered necessary by the owner. The owner may retain such monies until such claims, demands, suits or actions have been settled or otherwise concluded to the satisfaction of the,. owner or until the interests of the owner or the persons concerned have been satisfactorily protected." Mayor Woodard: I would like to know what action the Council wishes to take. Councilman Klock: I" am going to 'take the decision of the engineers but also it might be something to think'about in the event of a law suit with the contractor. ' Page 4 - 12-14-64 Mr. C. E. Janoe: I suggest the City turn it over to the contractors and let them decide whether they want to settle it in Court or out of Court. Councilman Klock: In the essence that is what-I thought previously. It is a matter between the insurance company and the contractor, not the City. Mr. Schulte: I have my easement with the City, I didn't sign anything with the contractor. Councilman Klock: I would make a motion the City moves to pay the contractor his fee and the case is closed as far as the City is concerned; that includes all claims, it is up to the contractor to settle the claim. Motion seconded by Councilman Bergmann"and upon call for vote Councilman Cooper voted Nay; Councilman Bergmann, Councilman Kyle, Councilman Klock and Mayor Woodard voted in favor of the motion. Councilman Kyle inquired when a meeting could be set up with a representative from the Oregon Insurance Rating Bureau and after some discussion and a_ request by County Commissioner Ames that the Water District would like to have an opinion by the next meeting, the 12th of January, Council;agreed to meet with the Water Board at their meeting. Mayor Woodard: We have a zone change request from Mr. C.F. Kienle for a zone change from R-5 to A-2. Councilman Bergmann: I move we schedule a meeting on January 11th and give due notice for the hearing and also notify all adjacent property owners. Motion seconded by Councilman Klock and upon 'call for vote was unanimously approved by Council all: members being present. Mayor Woodard then read a letter from the Planning and Zoning Commission on variances and Council recommended that these matters mentioned be all treated at one time"and for the time being should be referred back to the Planning and Zoning Commission. This was unanimously approved by all, Council members i upon,motion by Councilman Kyle and seconded by Councilman Bergmann'. Mayor Woodard: We now have for adoption Ordinance 64-23 which unless there is an objection will be read the customary three times by title only before a motion for adoption. Ordinance number 64-23 was read three times by title only being AN ORDINANCE ANNEXING TO THE rCITY-OF TIGARD, .OREGON, LANDS COMPRISING A PORTION OF LOT 20,FREWING ORCHARDS TRACTS, AND THAT PORTION OF S. W. PACIFIC HIGHWAY, (99W) ABUTTING ON LoT 21 AND ABUTTING ON'A PORTION OF LOT 20, FREWING,ORCHARD TRACTS. Page 5, - 12-14-64 Councilman Cooper moved for adoption of ordinance 64-23, seconded by Councilman:Bergmann and roll call of votes resulted in Councilman Cooper, Bergmann, Klock, Kyle, and mayor Woodard all voting AYE. Mayor Woodard: The Planning and Zoning Commission has sub- mitted the proposed Sub-Divisionordinance. Councilman Kyle moved, seconded by Councilman Bergmann the Sub-Division ordinance be turned back to the Planning and ' Zoning Commission for change and hearing. ' Unanimously approved by Council all members being present. Mayor Woodard: Any-one in the audience have anything to bring up?(no` response) Councilman Kyle: I move we direct the City Attorney to pre- pare an ordinance to allow 15 minute parking from 7:00 AM to 2:00 P.M. 15 feet from the corner East at the corner of Burnham Ave.` Motion seconded by Councilman Bergmann and unanimously approved by Council all members being present. Mr. C. E. Janoe: I would like to bring to Mr. Kyle's attention Greenburg Road has two "dead end signs facing both directions. The dead end is going up 92nd and both of the signs are facing Greenburg Road. Mayor Woodard: We are ready to pay bills. If there is no urgent business to be brought up it might be well to cancel the meeting of December 28th. Councilman Klock: I move we cancel the meeting of December 28th. Motion seconded;by Councilman Bergmann and unanimously approved by Council. Councilman-Treasurer F.J. Cooper read the bills after which Councilman Cooper moved the bills be paid. Motion seconded by Councilman Klock and unanimously approved by Council. Councilman Klock: I move we adjourn. Motion seconded by Councilman Bergmann and unanimously approved by Council. Adjournment taken at 9:45 P.M. Respectfully submitted, I ATTEST — .-f City Recorder Mayor Page 6 -'12-14-64