City Council Packet - 06/28/1971 T I G A R B C I T Y COUNCIL
REGULAR MEETING JUNE 28, 1971, 7:30 P.M�
1. ROLL CALL: Present: Mayor Daniel L. Larsen Councilmen
Floyd H. Bergmann, Robert C. Moore, Charles L.
Norton, Councilwoman Carolyn J. Paisley, Stephen
M. Telfer, City Administrator; Fred A. Anderson,
City Attorney; Keith C. Thompson, Director of
Public Works; Ray Rangila, City Planner;; Doris
Hartig, City Recorder.
2. PLEDGE OF ALLEGIANCE
3,. APPROVAL OF MINUTES, June 14, 1971
4. WRITTEN COMMUNICATIONS
(a) Letter from Mr. W. M. Adair, 8335 S.W. Hunziker, requesting
Irvington-Moore install a one--way down ramp into their
new parking lot.
City Administrator stated Irvington has revised their plot
plan and the ramp has been eliminated.
(b) Copy of letter to Oregon State Highway Engineer from Ken
Meng of Washington County regarding construction of inter-
change at Highway 217 and S.W. Greenburg Road. Washington
County proposes to close S.W. Greenburg Road during time
of construction.
Administrator to write letter to Highway Department urging
time schedule of pre-timing traffic lights on 99W be
reviewed as road closure of S,W, Greenburg Road would
increase traffic problems on 99W.
5. 'APPROVAL OF BILLS $12,697.88
-(a) Motion by Councilman Norton to strikeStateTax Street
Fund check #8119 in the amount of $358.00,- payable to
W. L. 'McMonagle & Assoc. for surveying S.W. Pine Street;
seconded by'Councilman Bergmann.
Approved by unanimous vote of council. `
(b) Motion to approve bills inamountof $12,697.88; Councilman
�. Norton, seconded;by Councilman Moore.
Approved by unanimous vote of Council. ;
6, APPROVE COOK PARK,PERMITS
(a) General Telephone Co., July 10, 1971
American Legion Tigard Post #158, July 17,- 1971
Mrs. Dennis Berger, August 7, 1971
Multnomah Elks Club. August 21, 1971
Hervin Co., August 28, 1971.
(b) Motion to approve permits, `providing cash deposit be sub-
mitted: Councilman.Moore, seconded by Councilman Bergmann.
Approved by unanimous vote of Council.
7. ACCEPTANCE OF CHAMBERLAIN SEWER EASEMENTS.
(a) Director of Public"Works recommended acceptance of easements.
(b) Motion authorizing Mayor and City Recorder to sign on behalf
of the City: Councilman Bergmann, seconded by Councilwoman
Paisley.
Appro ,d by unanimous vote of Council.
8, APPROVE PLATTING OF 114th PLACE
_ (a) City Administrator stated subdivision plat originally
submitted to Washington County for approval. County
standards provide a cul-de-sac minimum right--of-way
radius of 40' with minimum road surfacing radius of 31'.
Land including subdivision has recently been annexed to the
City and city standards require a 50 foot minimum right-
of-way radius with 34' road surfacing radius. Developer
Allan Paterson requested Council approval of Washington
County Standards of a 40' radius with 31' curb radius.
Developer had applied to Planning Commission, who
apparently took no action, therefore the applicant
appealed to the City Council.
Attorney Anderson commented Council should know if Planning
Commission actually turned down the application and if so, J
why. Furthermore, Subdivision Code does not provide for
an appeal.
Motion by Councilman Moore to remand the matter back to
Planning Commission for their action; seconded by Council-
man Bergmann.
Approved by unanimous vote of Council.
9. AUTHORIZE SIGNING CONTRACT - BOOK PUBLISHERS FOR CODIFICATION
(a) City Administrator reviewed provisions of contract and
requested Council authorize signing.
(b) Motion by Councilman'Moore authorizing the Mayor and City '
Recorder to sign contract on behalf of the City, seconded
by Councilman'Norton.
Approved by unanimous vote of Council.
10. RESOLUTION 71-12 A RESOLUTION CONSENTING TO THE APPORTIONMENT
OF COSTS AS SET FORTH IN ORDER #71-194 DATED
APRIL 2. 1971 OF PUBLIC UTILITY COMMISSIONER
WITH RESPECT TO ITEMS 1 THROUGH 11 FOR THE
" . IMPROVEMENT OF CROSSINGS; NUMBERED FD-751.1
' AND 3E-32,2 IN THE CITY OF TIGARD'
(a) City Administrator and City Attorney gave status report
on recent meeting,held with reilroads. It was their
recommendation Council consent to the P.U,C.;orders
stating the ,City is in agreement and wishes to have
improvements made as recommended by P.U.C. Commissioner.
Consent must be filed with P.U.C.` by July 2, 1971.
(b) Motion to adopt: Councilman Norton, seconded by Councilman
Moore.
Approved by unanimous vote of Council.
Page 2 - Council Minutes - June 28, 1971
11. AMENDMENTS TO SIGN ORDINANCE _. Setting Public Hearing
(a) City Administrator stated the Planning Co>nmission had
recommended amendments to the sign code and suggested
Council set a public hearing for 8.00 P..M. July 26, 1971,
(b) Motion to set. public hearing:: Councilwoman Paisley.
Motion died fcs a. lack of second and no action was
taken by Council.
12, TIGARD COMMUNITY PLAN
(a) City Administrat-or recommended arrangements be made to
hold Public Hearing at Twality Jr. High School July
12, 1971, 800 P.M..
(b) Motion to set public hearing: Councilman Moore,
seconded by Councilman Norton.
Approved by unanimous vote of Council.
13. ORDINANCE No, 71-24 AN ORDLNANCE VACATING DEDICATED UNOPENED
PORTION OF S.W, PARK STREET IN THE CITY
OF TIGARD. WASHINGTON COUNTY, OREGON,
(a) Public Hearing 8.'00 P�M,
No Testimony
Public Hearing Closed
(b) Motion to adopt: Councilman Moore, seconded by
Councilman Bergmann.
Approved by unanimous vote of Council,
14. AMEND MILLER'S GARBAGE FRANCHISE ORDINANCE
(a) Setting,Public'Hearing 8;00 P.M. July 12, 1971'
(b) Motion to set public hearing: Councilman Bergmann,
seconded by,councilman Norton.
Approved;by unanimous voteofCouncil.
15. AUTHORIZE SIGNING SEWER AGREEMENT -'Edward Jo' & Una J. Dawes,
11790 S.W,-'98th.
(a) City Administrator stated the Dawes desire sewer service
and are located outside the city limits. Administrator
recommended signing of contract and referring'.matter to f
U.S.A. for their approval.
(b) Motion authorizing Mayor and City`,Recorder to sign on
behalf of the'city: -Councilman'Bergmann,' seconded by
Councilman Norton.
Approved by unanimous vote of Council.
OTHER BUSINESS
A. Meeting at Beaverton City Hall, Thursday 3:00 P.M. July 1, 1971,
regarding Fa:nno;Lake.
` Page 3 - Council Minutes' - June 28, 1971
B. STATE HIGHWAY CONTRACTS
(1) City Administrator reported contract received from State
Highway Department fcr traffic Light. at. Bull Mt, Road
and Highway 99Wo However, nothing was received for
signal at S.W. Johnson and pretiming of signals on Highway
99Wo Administrator recommended Council take nD immediate
action on Bull "4t.. Road contract and request. further
information frc:,i Highway Department regarding other contracts.
In addition, the contracts should be on the basis of 75%
State Highway Department funds and 25% City funds.
C. ADJOURNMENT 8:55 P,M,,
City Recorder
ATTEST:
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Page 4 - CouncilMinutes - June 28, 1971
RUM
BILLS PRESENTED FOR PAYMENT
June 28, 1971
GENERAL FUND, U. S. NATIONAL BANK
Check No.
8114 A & E Sales & Rentals-Trencher rental (17) S 150.00
8115 A-Boy West - Supplies 1171 112.40
8116 Alaska Steel Co. - Supplies 17 39.35
8117 Commercial Communications Co.-contr.31. 16 37.60
8118 Kilham Stationery & Printing Co.-supplies 19 122.15
8119 W. L. McMonagle & Assoc.-Survey Walnut St. (19) 580.00
8120 Northwest Industrial Laundry(15111.80 (18)25.95 37.75
8121 Oregon Toro Distributors, Inc.-Supplies �17 14.04
8122 Platt Electric Supply, Inc.-Supplies 18� 121.25
8123 City Treasurer, Portland-Supplies 16}}} 14.36
8124 Portland Electric & Plumbing Co.-Repair (17) 7.77
8125 Southeast Roofing Supply,Inc.-Cook Park 17 256.65
8126 Westside Barkdust Co.-Supplies �17
17) 84.00
8127 Woolach - Flat repair 17) 2.50
8128 Zep Mfg. Co. - Weed killer 272.50
8165 General. Telephone 18 443.22
8166 Portland General Electric Co. R8� 1,262.65
8168 Anderson & Dittman(11)126.00(18)237.32 363.32
8169 Del Ball Co. - Auto repair (13) 3.21
8170 Continuing Education-Employee training 19 15.00
8171 Elections Division, Secretary of State (12) 14.18
Election Exp.-Poll books.
8172 General Binding Corp. Supplies 12 44.58
8174 Line-Up, Shops, Inc.-Auto repair �18 8.75
8175 Multnomah County(12)103.52(16)173.,75(18)6.01 283.28
8176 Paramount Pest Control Inc.-Contractural 18 1,000.00
8177 Lake Grove Printing-Supplies ` R2� '255.23
SEWER FUND U. S. NATIONAL BANK
Check No.
8123 City Treasurer, Portland- Supplies
8165 General Telephone $ 33.39
8170 Continuing Education-Em to ee trainint �3300
66.27
8175 Multnomah County P y 30 15.00
8177 Lake Grove Printing-Supplies (30 1.90
2447 Bearing Sales & Service 30)) 241.30
y 2448 Unified Sewera e A enc30) g•28
line on Hunziker Agency-cleaning sewer �30 117.30
2449 Van Waters
Rogers-Supplies
(3j iso.002455 Raymond H. FrieenDumping e o
STATE TAX STREET FUND U. S. NATIONAL BANK
8119 W. L. McMonagle &Assoc.-Survey-piste St. 20
8123 City Treasurer, Portland-Supplies 20 358.00
8167 Balzer Machinery Co .-Water pump 61.40
p 20
1950 Bowman Products Division-Supplies 20 20.85
1951 Columbia Equipment, Inc.-Supplie20 38.65
s
1952 Feenaught Machinery-Repair 94.00
1953- K. F. Jacobsen & Co. 20
in 20 15.30 -
place per contract. 20 5,796.00
1954 Union Oil Co. - Diesel & Oil
1955 Willamette Screw;& S (20
Supply Co.
110.11
x (20� 6;0-1
0 2 -
RQAD FUND Uo S. NATIONAL BANK
8165 General Telephone
8175 Multnomah County20� 2.66
Total Accounts Payable
$13� 012.88
4
e
June 25, 1971
MEMORANDUM
To: City Council
From: City Administrator
Subject: Railroad Crossing
Enclosed in your folder is a memo from Fred summarizing the
position of the railroads with respect to the Main Street
Railroad Crossing.
Fred and I met Friday afternoon and decided the most appropriate
action for the City to take is to consent to the exact terms of
the Public Utility Commissioners order. This action will have
the effect of 1) putting the City on the positive side of the
_ issue from a public relations standpoint and 2) possibly avoiding
additional costs being allocated to the City as a result of
further railroad action.
This consent should be by resolution of the Council. Fred will
have the proper resolution for presentation and action after
a more detailed oral explanaticn at your meeting Mondayevening.
Re ec full
Stephen M. Telfer
n City Administrator
SMTm
,.
City or
yv�sjq�
C f:
., you will recall, an
oMer .,1,. ..- 'li'i:Ay CommiJ:>ioner, San P. Aulpy, on A[ . P, l+ 7 ,Ceti to
tnc Min Sti act railroad c row njn, h"volvinn Sou :'" PIQVIC
Transportation Con _an,i', h , c rnr .t _r tc.. '•_ tip., e" . Avc-
tric Pa iw ay Company, hereinaftor Lonind ana I quote
fol.lowin, n r Graphs of said oMov &Ach arp pertinent to t::c natter
discussed in this memorandum:
"1. Southern Pacific p, +'9.c _ ?ns,,o. tatioa Connany arra t rc7,;a
Electric Railway Company shill ln3ua1 ann inter-
connect their five tracks to co: .l as -c nor'c start-
hard No. 2 flashin_^- lirht.s with nonro, .,itis
'5 ':Cracks' sign, and supplemented w1t5 commis-
sioner'; standard No. 4 automatic qates placed on
each side of the crossing, with costs, excludin --
actuation devices or electronic controls, to be
split ono-half to the Citi, of Tigard, cne-"'ourtn
to the Southern Pacific, Transportation Comnar,,y
and one--.fourth to the Oregon Electric l3aiiway
company.''
"2. Southern Pacific'Transoortaticn Company shall,
bear the total cost of installing the necessary
actuation devices or electronic controls which
will meet the specifications found required in
this order for the track: owned by i`.,'."
"3. Oregon Electric Railway Company shall bear the
total cost of installing; the necessary actuation
devices or electronic controls which will meet
the specifications found required in this order
for the 'tracks owned by it."
The order specifically provides, in accordance with Section
763.170 ORS, that it shall become effective only "upon- receipt "
by the Commissioner of notice from the City of Tizard' that it con
cents to the:apportionment of costs made herein` and agrees to
comply,therewith".
On June 23, 1971 the terms of this order were discussed in
the City,Administrator's office with the following persons being;
present: Steve: Telfer, Keith Thompson, ,Richard:Franzke ( O.F. at-
torney), John Wiley Gould (S.P.attorney), and engineering or right-
of-way people from each of the railroads. The purpose of the meet-
ing, as I understand, was to discuss the problems existing between:
the City and the railroads as to the sharing of the costs of the
work in accordance with Paragraphs' 1, 2 and 3 above quoted of the -
Commissioner's order. It should be stated, of course, that there
Memorandum - June 24, 1971.
are other provisions of the order K no dut.ies an•
upon the railroads resnectivoLy and the CIL7, ?ut hhmsc 2a: ao..a'
aspects are not, apparently arjecLicnnhie no any of i 2^ r;r icl
pating parties.
As I understood from the eonfarence- the nositiqn of th(-'
railroads with respectothe three , tr aP' , Of
quoted, is approximately an follows:
(1) Each of the railroads opposes es t x r omm i ons ' -.. mno-
sition of costs under Far r, apho 2 and 3 with rospoct to bearin,7
^ "the total cost. of .i.nstal.lQ7 the niece :r;; actuation devices or
electronic controls', upon the i 2lrocd for thpir rc�snoctive
trru Vs, and each o;. the railroads iesiVen that Paraqraph 1 be amended
tc include the actuation devices or electronic controls in the cont:.
unuer Paragraph 1. to be split 1/2 to the City and 1/2 t o the rail-
roads as to the respective devices or controls required for each of
their tracks.
At the conference It develoned that tLe3n was no unan-
imity of thinking or cleat under -tandin- of what i <r pr ren c''I
by the terms "actuation devices" or "electronic controls' Particu-
larly with respect to "predictor devices" which woul enable vehicular
traffic to continue to pass over the tracks while a trainwas
proaching until. t !rc train had reached : doolmnatcd proximity po`.nt,
whereas, in the absence of such s device, slow 01 stopped trains
within the siGnaliz:ition .rea would result in the latan
t -inhciny down
and traffic stalled for indefinite periods.
.P. -s firm that the predictor mu hinstalled, and
D.E. appears to besimilarly
.; minded; 1ul; of ,e, bethn& stronoly
that the predictor and 'other control media will basically call benefit
the travelinE public on Main Street rather than the railroads ? l
that it is inequitable that the railroads pa he l full Cost •__ .:of.
(•2) Commissioner's ordercontemplates, I: , i do s
. The Cor 121 Lonere`'
a cantilevered gate at the most Northerly boundary of tho S.P.
right-of-way and at the most Southerly rl boundary of the D.E. rirht-
of-way, with interconnected controls that ,Iould activ tc the two
gateswith respect to any tron on any track,
E, is in accord wish this n lit obut S.P.
insists that a mate be installed at both the North n South bound-
aries of the S.F. right-of-way which would, of course, contemplate
three cantilevered gates instead of two.
(3) The costs of signalization includinn actuation and nre-
dictor devices, on an estimated basic, are as follows:
S.P.'s fiEures:
Total cost ,of 2 S.P. North and South'gates
`30,000.
with predictors
If predictors omitted, subtract 6,000.
If S.P. inner ,ate omitted, subtract' 2,500.
If other devices installed in lieu of pre-
dictors to obtain name result, add...: 3,
to adjusted figure
City to bear one-half, in the view of S.P.
with r __n%a .. .. . . .. . . . .. . . . .. . . ...
if North o._.. mto act. . . . .. . .
s,. f o r.. !'or
plus roya!W c"A which ".K. :MA,
Pair (.9' l
patent Pl-htn.
(4) involve! -i ,
'i1C• Il'101 V- 1_^_ "'CC(Y't til � SL: t!1�) .�._,. . Ono Yea-
from "GO" s -nal.
(5) tailroadc, 1=1 a neuvr . n;.
0. Z. ymm3 to for:
;tniie'1 r':i 1( :on the order t . reform tKa cost VUnOr-
t icnment.
b. Amendment to r i e order to permit t :'yin , out ::nur
track.
c. if City would aqrec to 'bear 1/2 of O.E. total coot
under Paragraphs 1 and I of the order, O.K. would be at-
isfied to bear the other 1/2.
S.P. proposes to ;>ne l to Cy rt on frounds:
a. That evidence adduced at the nearinq do s not
support the order with respect to outside pates only.
b. That S.P. will insist on puttins in a nate on
each side' of its ri3h cif-:•iay (in addition to the third
rate at the South line of the O.H. r_,_ht-of aW.
C. The City to bear 1/2 of the. S,P,costs under Par-
agraphs l and 2 of the order, including 1/2 of the actu-
ation electronic devices and oredicto.s.
C0DIMEN1'': (It appears that if the'City would agree to pay one-half
of the total required by Para,raph> 1, 2 and 3, plus one-half the
extra „ate for S.P., including one-half of the actuation electronic
and p redictor device, the railroads will be ready to proceed.)
r
The question of the City's` financial position was"briefly
discussed in the abstract. The railroads 4ndicated a probable will-
ingness to allow the City to pay its share of the costs over at
Least two, and perhaps three, budgetary periods; the railroads each
doing their own work by their own crews and to'bill the City on a
;Mork-progression basis with a mutually a7reeable deferred payment
plan.
Respect f,ily submitted,
i
F d. A. ncesoI
FAA:cb