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City Council Packet - 02/24/1964 TIGARD CITY COUNCIL MINUTES OF MEETING FEBRUARY 24 1964 Present: 'Mayor E. A. Woodard; Councilmen F. J. Cooper; F. H. Bergmann; N. E. Johnson; C. E. Klock, Sr.; and City Attorney P. 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 10, 1964. _ The Minutes were read and upon call for corrections or ommissions, none being heard, the Minutes were ordered to stand approved as read. Mayor Woodard: We have Ordinance No. 64-4, the annexation of the Willock;property. The Recorder will please read the Ordinance in full and by title only. At this point The Recorder read Ordinance No. 64-4 in full and by,title only, being "AN ORDINANCE ANNEXING TO THE CITY OF TIGARD, OREGON, LANDS COMPRISING A PORTION OF 'FREWING ORCHARD TRACTS". Mayor Woodard You have heard the reading of ordinance No. 64-4 in'full and by title only, we are ready for a motion.- Councilman Bergmann: I move we adopt Ordinance No. 64-4. Motion seconded by Councilman Klock. - Upon roll call, the following was recorded; Councilman Coorer, :AYE;Councilman Bergmann, AYE;` Councilman Klock, AYE;Councilman Johnson, AYE and Mayor Woodard, AYE." The motion was unanimously appro'7ed, all Council members.being 1present. Mayor Woodard: We have a letter from the City of Tioard Planning and Zoning'Commission with respect to Zone Chancre request of Stan and'Wayne.Adkins for Southwest Investment; Company. (Reading'letter.) Councilman Klock: I move we accept the findings of the Planning Commission`. Motion seconded by Councilman Cooper. Upon call for-.vote the motion was unanimously approved,bv Council, all members being present. Mayor Woodard: I would ask the City Attorney to prepare an ordinance accordingly. Mayor Woodard': We have some old business we should clear up; 1 have been after it and I think Councilman Johnson has been after it and that is the storm sewer on;Center Street. I talked to the Roadmaster(when he was down here in this territory. I believe we should write the County a letter advising themof that condition because this last rain we had, there was trouble with water running over these people's 2-24-644 r- Page 1. property. Also the hedges on Grant and Walnut Street and on 90th. Councilman Klock: _ 90th Street has been taken care of. Mayor Woodard: Walnut and Grant have not been taken care of. Also I have asked the County how soon they want to know what roads we want fixed; they would like to have ict by April !at. They say they would Mather start on this end of the County. Councilman Johnson: on old business; there was quite a "to-do" made about 99W and Walnut; I reported back on this and nothing was done about it. I am talking about the light pole there and I contacted the P. G. E. Company and their people went over it and said it would be very difficult for them to change that and suggested that we,change our trafficpattern and route it over Walnut-from-99W, down Grant Street to Tigard Avenue and then on to Main Street Mayor Woodard: The pole is not going to clarify the situation, if we move the pole we should move part of the wall. Councilman Cooper I do not agree with P. G. E's thinking_; I believe the pole is the biggest trouble, if it wasn't for that you wouldn't have to come to the'end, you can see over the wall. This recommendation to move the traffic around, routing it around, wouldn't be the easiest way. Mayor Woodard: If he has to move the pole he would have to, put an anchor line. - Councilman Johnson: I was asked to write a letter to the State protesting their turning down of our request for a light on Johnson, 99W and the south end ,of Main Street, I don't know whether the letter has been written or not; if it has I didn't sign it. (The Recorder advised Councilman Johnson that he had sent the letter to the State.) Bud Kyle (from the audience) stated he represented people who were involved in eight piecesof property, who requested consideration be given to repairing SW Grant Street to the Chatles F. Tigard playground. Councilman Johnson requested Kyle to have these persons write a letter to City council. Mayor Woodard We have a letter from the Planning and Zoning Commission regarding a preliminary plat of Vance R. _Lee. (Reading;the letter.)z Mr. Phillips: We-need approval of the preliminary plat. Mayor Woodard: I would like to hear a motion on this matter. 2-24-64 - Page 2. Councilman Cooper: I move we accept this preliminary plat on this property. Councilman Klock: I would add one thing, on Watkins Avenue where it meets Walnut, that the drawina' show'the radius for the curve. Wit�,this addition I second the motion. Upon call for vote, the motion was unanimously approved by Council, all members being present. Mayor Woodard: We have a letter from Tarbell Communications dated February 24th. (Reading the letter.) Councilman Bergmann: I move we install the radio as soon as possible. Motion seconded by Councilman Klock. Upon call for vote the motion was approved by majority vote, Councilman Cooper voting NAY. There was a short review of the circumstances requiring the letter, during which Councilman:Bergmann read the motion to _purchase the radio from the Minutes of the October. 28, 1963 meeting., Mayoi Woodard then asked Mr. Gilbert rleius of tiie enc i,a r1ra staff of Stevens and Thompson regarding the options.' Mr. Meigs: We do not have all the options for the easements signed. One of those we expected to sign this morning didn't for some reason or another deliver the documents; the other man is having a hard time making up his mind. I am afraid we will have to wait. I-hope we can have this wound up this week so we can advertise in the near future. Mayor Woodard: This is holding up the letting.of advertising for bids? Mr. Meigs': Actually we could advertise for bids and they would permit us to award the contract but the Federal Government won't give us any money. I=feel the City is in a better bargaining position if it is not advertising the iob while it is still trying to clear easements. If you are anxious to;proceed, we could advertise for bids. Mayor Woodard: If we can clean it up in a week that[won't make too much difference. You will let us know so we can get the Council's approval. Mayor Woodard: Next we have the sewer connection charge Ordinancenumber 64-2. We will have the Recorder read the Ordinance in full and.by title only. The Ordinance number 64-2 being "An Ordinance amending Ordinance No. 62-1, with respect to Section 12 thereof, prescribing sewer connection charges" was then read in full 2-24-64 -'Page 3. and by title only, Mayor Woodard: Section (c); I can't see why each business should not have to pay the same amount whether they are in a multiple unit building or single unit bui.ldina. I am onlv one, so I can't do it myself but of course, if we can'tmake s our expensethen the only thing we could do is oo back and change it back,again. Councilman Klock:. There is no positive assurance that you could pass any Ordinance that could guarantee us our fee every year. If we take the past record of our budget, we could do it, it was made clear in our discussion, that using those figures this should give us sufficient money to 'go ahead with- out assessing the people for anything. That is the one thing we have to go on, our past record. Isaw in the payment of the bills the last time, the audit fee was taken from the sewer funds Mayor Woodard: We had it budgeted for professional fees. The matter of the sewer ordinance charges was the subiPvt of review at length between Mayor Woodard, Councilman Klock,' Councilman Cooper and Attorney Anderson who quoted from several cases involving the same principles as now'under discussion. Attorney Anderson suggested "Now I think this, that you are going to have to do something, either leave the Ordinance as it is, or amend it. It comesdownto this, what can YOU get together on; I can venture an opinion. I would rather not be publicly quoted as to whether this is or -isn't if you want my opinion I would,be glad to write it, When I am asked to publicly state it I'am not going to appear in print as to one side or another. I;am trying to help you gentlemen arrive at a classification within the rates which will presumably be defensible if we have to defend it." Mayor Woodard: ; I want to say this to Councilman Klock; it may work out all right, I don't say it won't. We got to .figure on other monies. who is going to pay ;for that sewer to run clean through the field to get a, connection, who is to pay for that; if the City has to pay for that we are going to have to have some money.' Councilman Cooper: With all due respect, I think it is discriminating. Attorney;Anderson: I wrote it the way I was told to write - Councilman Cooper: I think we would get in trouble passincr r it. Councilman Klock: I don't think so. 2-24-64 - Page 4. Attorney Anderson: The question is open to validity. I have advised each of the Councilmen, youhave a memorandum. I would prefer not to be involved in this controversy. Mayor Woodard: I wrote the preliminary thing, it was knocked down. I am all for cutting down fees if we can afford it. The only thing I am questioning is, whether we are cutting it down too far so we have no money when we get these extra jobs. We never know from one year to another what we are going to get. As far as cutting the fees,,that part of it I have no objection if we can meet our bills. J. H. Schulte; (From the audience) Does it cost less to service this type of building? Councilman Klock: One of the reasons I want to cut the over- all sewer charge is, it is too high, not because of the amount of money we need for Tigard but for the growth, the area that would house the business of Tigard. I would like to see it all cut; I am aware this is too drastic. In,regard to servicing this, it is Tike saying "how long is a piece of rope"; your monthly service in that particular arrangement, that is an adjustable figure. If you have 'a specific case like Nalley's, their hook-up fee would be small but their monthly servicecharges are what carry the maintenance of the plant, they would be fairly large. There are two facetsof'charges. For a little merchant, yes, it is,a lot less to service that littlemerchant and his household. J. H. Schulte: This is say the difference between two or three buildings? Councilman Klock: Individual business would go under;one head. J. H. Schulte: It doesn't cost the City any more to process water out of three pipes or one pipe. Councilman Klock: No, only'the maintenance of the lines. J. H. Schulte: The City doesn't maintain those lines going' out to the main. Councilman Klock: Yes from the property to the main and the streets thatsinkin also. C. E. Janoe: (From the:audience) The whole question is, the connection fee is set 'aside for plant expansion'; it doesn't have anything to do with the services. You told the;people, this fund, the connection fees that you would not come back and put the cost on the tax roll. Connection',fees are set aside-for plant expansion and we have not been shown anything that these are not needed, it is an obligation for the City Council to stand behind that statement. 2-24-64 - Page 5. B. Brazauski: (From the audience) You haven't even got a repair crew or anything started. Where are we going to get the money to pay for that sunken place on Grant. Councilman Klock It is not because of lack of funds. I heard a woman call from 90th street and it was fixed. Mayor Woodard: 95th is going to be a bad place, we are going to be stopped instead of letting it go into the creek; even if we expand the plant we couldn't take care of the extra water, Councilman Klock: A lot is lack of knowledge; of inspection and things like that; I think we will correct a lot of that, the small amount of infiltration that we would get, (Address- ing Mr. Meigs) In a good line, what infiltration should we get? Mr. Meigs: Our usual requirements, I think it is a gallon an hour per_inch of diameter per 100 feet of linea An 8" line 100 feet all we should have is a<leakage loss of around 8 gallons an hour. I don't know how many feet of pipe you have inthepresent system. C. E. Janoe: Nine miles of mainline and nine miles of laterals. Mayor Woodard: 95th comes down a full 811. Mr. Meigs: You have a larger leakage compared with the rain- fall; you have a leaky system. Councilman Klock: Flow much money will we lose by doing this? Councilman Cooper: I think its a` matter of keeping ourselves out of trouble. Councilman Klock: Is our budget right, that has been approved. Mayor Woodard: The budget is all right but we didn't have the bills for the work that was contracted last year. Councilman Klock: I will make a motion that we accept ordinance number 64-2 as is. Motion seconded by Councilman Johnson. - Upon roll call the following ;vote was tabulated; ; Councilman Klock, AYE; Councilman Johnson, AYE, Councilman Bergmann,' AYE; Councilman Cooper,//NAY. The motion was passed by majority vote. }lC(G��fZj Councilman Klock: Twill add one 'little point further, we should expect a:compli,ment from the taxpayers if our growth ' and annexation 'show figures in excess of the present figures. Mayor Woodard: I have a letter from Clarence Nicoli '(readinq letter) and one from Attorney Glen Walker (reading letter.) ' I think there was something taken up at the Planning Commission meeting. 2-24-64 -`page 6. In Mr. E. C. Phillips, President Planning Commission: He was using set-backs for parking space. The Planning Commission' requested it be re-designed to meet City of Tigard's ordinance and then to be re-submitted. Councilman Klock: I have no plans to issue a permit on. Some discussion and review of the requirements were crone into between Councilman Klock and Mr. Elliott and the matter was satisfactorily concluded. Mayor Woodard: I just want to mention to Councilman Johnson I-put on the agenda "dedicated streets and taxes I wanted to say that since the County made the new change charging 25 percent, there is no more tax to the property owner to the center of the street. Mayor Woodard,then spoke aboutthe Ash Street project, the road and the matter of thebridge and the possibility of an allowance of $20,000.00 for a new bridge on Ash Street if we fix the street up to 'Frewing. If it is decided to apply for the fund for fhP hi rbc e this ould_have to be done before July lst. Itwassuggested that $3,000.00 be put away this year and $3,000.00 next year. The matter of the fill dirt required for the roadway and the possible cost together with the possibility of getting land to make the road a 50 foot roadwas discussed at some length between Mayor Woodard, Councilmen Klock and Johnson and also Mr. Meigs of Stevens and Thompson. Mayor Woodard: If the Council would think this a good idea, if we want this, we have to put in for this bridge before " July 1st and it would take either one or two years before we could get it. Councilman Johnson: Mr. Meigs, on a 5 t 6 foot fill, with a 50 foot right-of-way, how much would we have left on top` for a roadway?' Mr. Meigs: I think you could get a 28 foot street :in with- out any'trouble. Councilman Johnson: Whatweare trying to get is 50 feet. Mr. Meighs: I mean the paving. Councilman Johnson: 32 feet from curb to curb? Mr. Meigs: I think'you'could probably get it, you 'might want to buy a little:fill. You ought to talk 10 to 12 �. dollars!r4 foot, 10 to 12 thousand dollars: I 'think it would be an asset to the City to have a street in there. Councilman Johnson-As I understand it", all road monies that are not used within two years revert to the State. If we had a program like this, assuming it .is going to cost us $12,000.00, this year we save $6,000.00 and $6;000.00 next year. 2-24-64 `- Page 7. Attorney Anderson: I do not know the exact wording in use, whether in two fiscal years or annual and whether if .you had money from a third fiscal year whether they would take it away from you, I am not sure. If you have plans they may allow you to keep it. Councilman Johnson: You would find out for us*, Attorney Anderson: I have the book but not here. Councilman Johnson: I would like to suggest this, we table this until a little later meeting, in the meantime perhaps we can get these answers. Mayor Woodard: Councilman Bergmann, have you anything to bring up. Councilman Bergmann: On the gasoline that we purchase as a City we now are paying the State gasoline,tax as well as the Federal tax, are we allowed any rebate. Attorney Anderson: The City is entitled to a rebate. You should file by September for the preceeding year, if you don't do it by then you lose it. Councilman Bergmann: (Presenting`letter. to Attorney Anderson) Attorney Anderson: This letter should be reviewed and the names of the Attorneys should be documented and put into the Minutes. Councilman Cooper: Who wrote this letter and who signed it: Batchelar'hasn't got this authority. (The letter in question apparently was the letter written to the Multnomah Security Patrol, however it was not given to the Recorder nor has the Recorder received a copy of the letter requested to be written rescinding: the action.) Attorney Anderson: He, (Batchelar) should write the letter. The reason would be that it was written through mis-understand- ing'. Mayor Woodard: The County wants to £i.nd out about these roads by April :lst; if you can get the specifications we would also like to put that out on bids to two more ,people, to see if we are getting it at cost as they say. These roadsdo not seem to be holding up very well, it would be good if you can get their specifications and get their price per foot, then we can put it out for bids and know if our cusp is r1ght. F BE The question of the six month probationary period was then discussed,by Council after which Councilman Bergmann moved to advance the police officer's salary $50.00 per month from the lst of March. Motion seconded by Councilman Klock. Upon call: for vote, the motion was passed by majority vote, Councilman Cooper voting NAY and Mayor Woodard xo:E--voting. 7l2./ 2-24-64 Page t8. Councilman Bergmann: We have, at a previous meeting, approved for a second patrolman; we approved the procedure in hiring him. Motions are made and accepted in due course of time; this would shortly be and should be established, a salary basis. A. Mason (From audience) Where are we aettina the monev. The Sheriff's Reserves have offered to place two men on every night, free,of charge. Discussion followed regarding employina the Reserves but no action was taken, Councilman Bergmann: I move that the new partolman's salary for the remainder of this fiscal year be set at $365.00 per month and be 'set at $400.00 at the beginning of the next fiscal year. Motion seconded by Councilman Klock and upon call for vote the motion was approved by majority vote. _Councilman Klock: If the question is brought up, we had a question' raised today on a building permit where the party was in a septic tank area with no sewer, with 10,000 gallon tank. I checked up to find out in this particular case and we cannot approve the building permit unless that building permit has the stamp of the Sanitarian or Health Doctor and he has to come and inspect it. He will submit a set of plans, he will approve them and then we can issue the permit. We could by the same token condemn it. There is a BKN Corporation building a fivethousand plus building on Center Street. The building is on that lot that 4 is nowbeing occupied as a parking lot for the theatre. I questioned the Attorney; the answer was, if it was owned by the same persons it could then bring-up the question in regard to the parking. It is owned by different people so it makes it a separate thing, separate from the parking. I also went a bit further to find out if there were any liens ]that might create a problem. We are within our legal rights diving a permit,. Shell Oil Company is ;going in across from the drug store with,a. nice new station in there and 'Potlatch Corporation are moving their officeheadquarters into Tigard For a little bit more, there is at the present time another company looking at Tigard; it is in"the hundreds of thousands of dollars of buildings. They are in contact with certain people in regard to property and we ',hope it comes through. Mayor Woodard: if there is no other business, emeraencv' business, I will entertain a motion to adjourn. Councilman Klock: I move we adjourn. Motion seconded by Councilman Johnson and unanimously approved by Council. Adjournment taken at 11:05 P. M.' Respectfully submitted: ATTEST: CITY RECORDER. MAYOR. 2-24-64 -Page 9. i