City Council Packet - 04/13/1964 TIGARD CITY COUNCIL,
MINUTES OF MEETING APRIL 1.3, 196=E"
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 March
23rd, 1964. Minutes were read and upon call for corrections
or omissions, Councilman Klock stated he had made the
observation at the previous meeting, that any or all bids
on anything are to be submitted and should not be opened
prior to Council meeting. With this addition, the Minutes
were ordered approved as read.
Mayor Woodard: We will now proceed with the opening of
the bids On theinterceptor sewer. For the convenience
of the:contractors: it will be well to read the units prices
and extensions on the low bid submitted.
The following bids, which had been submitted to the City
Recorder prior7:30M., and which were all of the bids
received, were then read'as to total amount of bid:
M & S. Construction Company, a
Joint Venture of Salem Sand & Gravel
Co, and C. J. Montag• & Sons $ 93,875.75
George W. Lind, Jr. 117,397.60
R. A. Heintz 99,309.30
Frank T. Matthews, Inc. 83,446.00
Riverside Construction Inc. 128,053.00
Oscar Lakanen 100,379.30
Lord `Bros. 'Contractors, jInc. 125,370.00
Geo. W. Phoenix, 'Inc. 143,884.30
James G. Robertson 143,989.40
Frank T. Matthews, Inc., being the apparent low bidder,
their schedule of prices were read in completed form, being
the units, total units, unit price and total for item.
Mayor Woodard thanked the contractors for bringing in
their bids and advised the bids would be studied and a
decision rendered after a full review of the ,bids.
Councilman Klock: In the event that the bidder was 'so lowl
that it was dangerous for him to do that job,°the bonding
company makes it safe so far as the City is concerned?
By Mr.Boydson: Yes, the bonding company is to furnish a
bond to complete the contract.
Councilman Johnson: Let us say, day after tomorrow that
the operatingengineers go out on strike and ,they figure
so much'money lfor labor costs and they get 25 or 30 cents
an hour more than this contract was figured; are we 'covered
on that?
4-13-64 - Page 1.
By Mr. Boydson: The contractor has given you a bid to enter
into a contract to do this work at this price. If you
agree to accept this proposal then you sign a contract and
that is the,price at which he will do it. (some discussion
follower with respect to the bids.)
Mayor Woodard: Would the Council members be satisified to
meet next Tuesday evening, a week from tonight, the 21st
at 7:30 P.M. Note is made that the bids have been referred
to the engineer for review and recommendation on the award
of the contract.
We have a letter from Nalley's with respect to
the renewal of their contract. We would prefer to make this
contract for two years instead of five years so we can con-
trol the contract. If it is alright with the Council we
will go ahead and make the contract on probably the same
terms, get it written up and bring before the Council for
approval.
Councilman Klock: I would like to hear their side of the
-
story.
Mayor Woodard: Well they will have V Vledow n and appear
before the Council. When we have this contract the way we
would like it, we will have Nalley's come down and appear'
before Council.
Councilman Johnson: Would it be possible inasmuch as we
are going to have a special meeting next Tuesday night,
"would it be possible to have this squared around next
Tuesday and take care of these two_things at the same
time.
(discussion of the Nalley's contract to be
ready by next Tuesday.)
Attorney Anderson: I was wondering if we should not talk
to them,first and then draw up the contract.
Mayor Woodard: Alright we will bring them down for a meet-
ing next Tuesday.
Attorney Anderson: I would rather see'that, otherwise we
are giving them no chance to be heard. If we have any
differences they would be :put in the new draft.
Councilman Klock: I wonder if it would be possible, where'
we have visitors, that we include;them in the first part
of our meeting.
Mayor Woodard: Is there anyone in the audience that has
anything;' to bring up'r before' Council?
4-13-64 = Page 2
Mr. Otis T. Cagle was then recognized by Council and sI_oke
with reference to the "No Parking" signs on S. W. Pacific
Highway in respect- to the distances North and South from
the curb returns of S. W. McKenzie. Discussion was entered
into by Mayor Woodard, Councilman Johnson and City Attorney
Anderson.
Councilman Cooper: " Since the last meeting I,have come
through there a number of times and I can see why the State
Highway Department has given us the recommendation they did.
I think in this particular case it might be wise,if we did
follow their recommendation. Councilman Johnson with your
permission I would like to make a motion we adopt the
recommendation of the State Highway Department with respect
to no parking on the State Highway North and South from
McKenzie. Motion seconded by CouncilmanJohnson. (Discussion
on the motion followed between Councilman Johnson and
Councilman Bergmant. The question on the motion being called
for. A roll call of votes resulted as follows: Councilman
Johnson, AYE; Councilman Klock`, NAY; Councilman Bergmanq
NAY; >Councilman Cooper, AYE;- Mayor Woodard AYE;` The -
motion therefore was approved by majority vote withall
Council members present.
Discussion followed between Councilman Cooper and Council-
man Johnson with respect to the possibility of placing
in reserve an amount of $2,500,00 for a period of three
years to apply against the cost of a`traffic light.
At the conclusion of this discussion Councilman Cooper
suggested that Councilman Johnson write the State Highway
Department and find out if we could put $2,500.00 away
for three years and ask them for a determination as to what
corner would be the best for traffic control, whether the
Johnson and Main or the Walnut corner (Mr. Johnson advised
that he would 'take care of'writing such letter.)
Mayor Woodard: Next on the agenda is the resoiution`on
the Ash Street fill and the bridge on which we have to get
an O.K.'' We have to send in the resolution in order to
get the`approval from the State Highway '`,. We discussed
this before and I just want to have the resolution approved
(Discussion followed on 'the'suggested traffic
light and the Ash Street matter.)
Councilman Cooper: I move we table this Ash Street pro-
position until after we get the information back from the
State Highway Department. Motion seconded by Councilman
BergmarnF Upon call for vote the motion was unanimously
approved_all council members being present.
Mayor Woodard: 'Main Street; shall we have it put in first
class condition.
4-13-64
Page 3 ,
Councilman Johnson: ' I think we should have an actual clear
title to Main Street to know where we are going. '
Mayor Woodard: Will you please check on that. (Requesting
Councilman Johnson to have a determination of the location
of. Main Street.)
Mayor Woodard: Mr. Hollis, did you want to bring something
up tonight?
By Mr. Hollis: I am here just to listen, I have been wait-
ing patiently for further developments.
Mayor Woodard: You mean the closing uF of the case?
By Mr. Hollis: We have to have that publicly done.
Councilman Bergmanot No Court Order was ever issued from
our City Court to close it, but Mrs. Rhodes did close it;
I have no report.
Mr. Hollis: My preference is to let the matter rest un-
less there is some reason to open it. I asked the Council
to take the "shadow" off the premises because of the cir-
cumstances. I prefer to not have another crusade in the
newspapers. I want ,Council to keep it as a matter of
pending business.
Councilman Cooper: In view of the remarks of Mr. Hollis
I just wonder if we wouldn't be in proper order to have
our attorney draw up something to that effect.
Attorney Anderson: I think certainly there is a matter
of importance in what Mr. Hollis says. If there was any
injustice done the facts as reported later would bear this
out and I would be willing to give a hand toward that
expression of policy if you wish`.
Mayor Woodard: I would like very much if you: would.
Councilman Bergman)]: What 'type of policy.
Attorney Anderson: ;There will be no official statement of
any particular matter until the -'investigation has.been sub-
stantially completed; where it can be stated without any
question that certain things are certain things but not on
any guess work.
Mr. Hollis: I have full confidence in the judgment of
newspapers in this area; Ii don't have z:s much` confidence
in the jurisprudence of all people employed in government.
4-13-64 - Page 4
I think the people of this city, I think they should be
careful not to garnish these things. A resolution of
policy is the matter of'expressinc� the Council's feelings;
this is the policy of working for the government without
ordinance.
Mayor Woodard: Is the.Council in agreement.
Councilman Bergmann: You can draw up the agreement and see
what the Council thinks of it,
C. E. Janoe: This situation is unbecoming to the people,
of this City and the Council should go on record.
Councilman Bergmann: Here is a-report given to me for the
month of April. If the Council is in agreement I will pass
it around and they can read it.
Shall we take care of the ordinance or let it
go.
Mayor Woodard: I was going to let it go.
CGIMcilma Berg- We sLiil havethe decision to make as
regards to the man to be hired as the second policeman for
our department I read you a letter from the Acting Chief
and we had quite a bit of discussion at that time; the
files of the three individuals were in the City Hall. At
this time I:,would'like to have ideas from some of the other
Council members.
Councilman Cooper: I.think you should have an FBI check.
Councilman Bergmann: I don't know that it has been done.
I never ordered it. It may have been done, but I don't
think so. Does the Council feel that it should be done
before we hire him.
Councilman Klock: Didn't we have in there the point that
a ;physical examination should be made.
Councilman Cooper: The check should have been run on every
man.
Councilman Johnson: They should all have a physical before
they are allowed to take their examination.
Councilman Bergmanfr; It is money out of our pocket.
Councilman Johnson: I made application for a Commission;
the first thing I was `,sent to get a physical and we went
onfrom there. '-There was no examination or anything,put
out untilwe would be ready ;to hire the man.
4-13-64 -' Page 5
Mayor Woodard: Councilman Bergman4has put in as his pro-
posed budget $15,000.00 for the Police Department. That
is as much,money as we are getting on our tax base. I
know very soon about that as we are start.inq 'on our
budget figures tomorrow. We won't know whether we have
the money or not to put on a policeman; we should not put
him on before the lst of July. The budget is starting to
run pretty close. If we do have a little money left it
would be best to hold it over to the first of .7uly to see
if we have enough money to operate the department for a
full year. I am just giving you a recommendation in regard
to the budget. We figure the following years' budget,on
the basis of what we had taken in the previous year. I
think we should be a little careful of what we figure we
should spend.
There was considerable discussion in regard to the police
budget items and the hiring of individuals as well as the
Washington County Sheriff's Reserve, the discussion mainly_
being entered into by Councilman Cooper, Bergmangand Klock.
Councilman Klock: My attitude in this is, in order to
keep .these examinations open and abova :hoard and con
u liCr—
�. a�p1
ing` that the examination was given with the best of ;udaments,
I for my particular part I would like to see the appointment
in this manner, with no exception, regardless of who gets
hurt,;I would like to see the top man in the line; I would
like to see that list remain in effect for a period of two
years and the second, third and fourth man have the oppor-
tunity to be appointed in their proper order. We could
appoint the top man on the list, he of course, being in a
probationary period with the full rights in hearing and
and policies we have set down so it behoves him to come
along, he knows if he doesn't do it he would be out.
Assuming the first man completes his probationary period
the man then has the permanent appointment, we had set a
probationary'period rof six months. '
Mayor Woodard: His salary will stay until the end of six:
months.r He probably won't go to work untilthefirst of -
May.
Councilman Cooper: on these oral examination reports,
when they were tallied up who were the men that tallied
them up.
Councilman Bergmarv:, The Acting Chief and I, and Mr. Klock>
M,, Dell 13-11 %i A5W �sfe& ,
Councilman Cooper: I don't think that was proper; it
should have gone out to disinterested people..
4-13-64'- page 6
Cooncilman Cooper: I don't have any confidence in our
Acting Chief. I still say the questions were a farce,
every man knew what the questions were; I hope we never
have a'question session like that again.
Councilman Bergmann: We were not testing their knowledge.
Councilman Cooper: That is the same thing as a kid going
to take a test in school.
Councilman Bergmann: It wouldn't change the end results
of the scoring one bit, I know if some one would mark 50
or 60, how wrong could you be.
I would then move that Mr. Goodrich be hired as
a policeman for a six month probationary period provided he
passes the F B I and physical examination. - Motion seconded
by Councilman Johnson. Upon call for vote, the motion
was approved by,majority vote of all members present, a
dissenting votesbeing cast by Councilman Cooper, and Mavor Woodard.
Councilman Cooper: For a number of meetings I have requested
Mr. Batchelar's application be found and put in the files.
Councilman Bergmann: I have found neither Mr. Batchelar's
nor Mr. Goodrich's. I instructed Mr. Batchelar to fill
out the application again.
Councilman Cooper: I-would like to have it noted then
that it is`a duplicate and that `i is not the original.
Mayor Woodard: Why were the letters addressed to Beaverton
instead of to Tigard.
Councilman Bergmann: They were both delivered tome in
person and I fail to know where they are.
Councilman Cooper: ' I have requested that Mr. Batchelar
have a physical examination and;possibly get the same man
who examined him in Portland, I think he should be directed
to have his physical along with this other man, I make a '
motion to that effect. (Motion lost by reason of no seconder.)
Mayor Woodard: The League of Oregon Cities will hold a,
general meeting of,the League in Beaverton, Wednesday,
April '22nd• the program will consist of general discussion. '
All of: the Council together with City;Officials are invited.
Upon the question from Councilman Cooper, addressed to
Attorney Anderson it was suggested by,'Attorney Anderson'that
"the power to appoint gives the power to dismiss but that
is subject to special circumstances and to definite cases.
What are we talking about?
4-13-64 - Page 7.
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u:zl.en ,:.tom
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,i, ,,. ,...,.. ,:.�t ,.:'ire � ..,�,. -.•ti„ ,..', .r
the Council. l}i o -,:hat o 'o 1 c _ .r.:
l,f ;l.e t r n:. .n.• .,;' of „n. , ort, r i1'
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a: ,pint the cai' t rc
'ane Council has ru117:11 ,,hr,.. yo-,l }'.o.} t n e,l _. rcti
e-Vzything die, hl ixr cr u ;
"Each of thpse of is r ��a7' be in . F i of
Uayor ir9.th the cont:,-,., 1t, u u c_l crt d c r..; c.e_ ..
rules of the 4 ?Heil We etu..'l v. P .ural r ea raies of I
ced}tre and.t,l}:. _;o.: did .npoant and .he Ila or if i - thr-,.'z}ttt ,
to appoint thoot iitght brc ,i the i le e :o a Ir i t is thc
collegal intern :tio f'-,rSy _ppoi,lr,l.e offtcor•, Y le U.
be he could revokr t_ie �.zppoint-ment, ;,o = don't. '...o., ..? Z'.I '.,_
the rules alight to be formulate(I oil this nc,. other thingo. We n tier
had formulalted cl,y Council 1-ales. Ceveral yearof `etit d
I toric it ug with the Council but vacdo the Coi.un }l i,
oner^ted more or less on a a.y to Jay basis. A ict legal
the Aiayor without the consent of Council c n shuffle the Council.
Coulicil,-nnn Cooper: T believe that Councilman P rgm._.tn is dere l i c ,.r:
his'duty to the peorle o this City *.ahem he z ii7 no- go to g l h
request that the Acting .hie. of Police ..h.,vl.i have a pn ic�l eXaminaticn.
(Addressing Attorney Anderson) In other words you don't believe that
the Mayor has the r:L ht to tai:e over the Police Denart::!ent.
Attorney Anderson: Tvo I don't; thin; the Council should get to,- .her
and determine if the Mayor is to appoint the committee, according; to
the rules of the Council whni;ever the duties are the Mayor Can appoint;
first we have to have the rule
Councilman Cooper: Anymore bids on the, flat, pole': The City Recorder
answeredthere were no additional bids.
Councilman Klock: I met with Irvington 14-^_shire, they were extremely
cooperative, I thiole they are'goirgto put up a hedge and everythilig
down there.
Mayor Woodard: Are they actually in the line these _people said.,
Councilman Klock: Iva; they are extremely receptive to correcting the
matter of the complaints.
Mayor Woodard: lie will now proceed to pay the bills.
Councilman-Treasurer Cooper read the bills in the amount of `5,029.34
after zahich.he moved for the payment of the bills. Motion seconded by
Councilman Klock. Upon call for vote the motion as unanimously ap-
proved by Council all'members being present.
Councilman Johnson moves: for adjournment, seconded by Councilman K oc's
and unan sly an-proved by Council. 'Adjournment t-.1.1--en at 7.0:40 Y.'t.
ATTE Respec. x11y pub i+ ed,
11AY R �CItI RECORDr.,
4-13-a - Page 3.
BILLS PRESENTED FOR PAYMENT APRIL 33 1964
Balance Feb. 29, 1964 - - - - - - - - - - - $ 14,434.40
March Receipts - - - - - - - - - - - - - 1,031.79
Balance - - - - - - - - - - - - -$ 15,466.19
GENERAL FUND:
CHECK
463 - Washingtoli County - Bal. Planning Expense $ 270.60
464 E. A. Woodard March 1964 57.82
465 D. B. Hurtig - Salary March 1964 86.37
466 R. V. Symons - Salary March 1964 344.15
467 - D. J. Batchelar Salary March 1964 373.83
468 - F. J. Cooper Council Fees 52.50
469 - F. H. Bergmann - Council Fees 52.50
470 N. E. Johnson Council Fees 37.50
471 - C. E. Klock - Council Fees - 52.50
472 - U. S. Nat'l Bank Depositary March Fed WH 138.90
473 - Oregon State Tax Comm. - lst Qtr. WH 89:60
474 - P. E. R. B. March taxes - WH 38.97 City
38.97 77.94
475 - S. I. A. C. - March taxes 34.95
210 - Lena Delplanche - Error in Ltg. #1 Payment
to City 10.92
212 - OrPgon Washington Lawman's 'Assoc
Membership 5.00
213 - Roger Thomssen County Clerk - Record Ord.
#64-4 3.50
476 - Pacific Stationery - ,Office Supplies 5.17
477 - J." Y. Hollingsworth Co. - Maps for P & Z
Comm. 21.35
478 - W.L. Thatcher - Bldg. Insp., March 75.00
479 Frahler Elec. Service 1/21/64 City Hall 7.75
480 - American Legion- Annual Flag Dues 6.00
481: - Girod's Food Store - Towels & toilet tissue 21:60
482 - Oregon State Civil Service Comm.—Police
Exam. forms 15:00
483)- West Coast Telephone - City `ME92636 30:40
483)- West Coast Telephone - 'Police' MI63344 21:05
484 - N.W. Natural Gas Co, City Hall 65.29
485'- P.G.E. —City Hall 11.74
486' - Nine-T-Nine - GF601 -26.72 less Disc.2.07: 24`:65
487 - S.I:A.C. - Add'l Tax Due 2:00
$1995.58
Book Balance 3/31/64 $13,470:61
SEWAGE DISPOSAL FUND
Balance Feb. 29, 1964 - - - - - - _ _ - - - _ $ 4,532.13
March Receipts - - - - - _ - - - _ _ 2,312.86
Balance - - - - - - - _ onn 00
c 6
r
CHECK
548.- C.J. Roney - Salary March 1964 $ 333.26
549 - R.E. Janoe Salary March 1964 193.29
550 - U.S. Nat'l Bank Depositary March Fed.W11 41.80
551 Oregon State Tax Comm. lst Qtr. WH 28.80
552 - P.E.R.B. - March WH 21.79 City 21.79 43.58
553 - S.I.A.C. - 1st Qtr Taxes 75.28
209 - Void
211 Virgil Drummond - Refund Sewer Service Chgs.142.00
481 - Girod's Food Store - Towels for plant 11.28
483 - West Coast Telephone ME9-3650 23.20
484 - N.W. Natural Gas Co. - Plant 111.04
485 - P.G.E. Plant 181.07
486 - Nine-T-Nine - SDF 539 115.10
554 Pennsalt_Chemicals Corp. - Chlorine 56.25
555 - WEM Co. Pump Parts 106.00
556 Stevens & Thompson Special projects 189.60 '
487 S.I.A.C. Add'l. Tax Due 1.66
Y_1,653-21
Book Balance March 31, 1964 - - - - - - _ _ - $ 5,191.78
SEWER EXPANSION (CONST.) FUND:
Balance Feb. 29, 1964 - - - - - - - - - - - $ 3,068.63
March Receipts - - - - - - - - - - _ - - - _ 31,172.56
Balance - - - - - - _ - - - - - - -
a3 4,241.19
CHECK
175 - R.G. Mahrt - Refund for 11375 S.W. 90th $ 26.00
556 Stevens & Thompson - Interceptor Easements 986.05
176 - Daily Journal of Commerce - Public Notice 28.00
177 Tigard Times - Public Notice 21.75
$ 1,061.80
Book Balance 3/31/64 - - - - - _ - - $33,1.79.39
Sewage Expansion Fund - Bancroft ##1
Balance Feb. 29, 1964 $ 1,080.47
March Receipts 436.94
Balance - (No withdrawals) $1,517.41
Bancroft Interest #1
Balance Feb. 29, 1964 $ 198.04
March Receipts 68.59
Balance - (No withdrawals) 5 ..266.63
Bancroft #2 Balance Feb. 29, 1964 $ 16.60
March Receipts 1,138.66
Balance (No withdrawals) $1,155.26
Bancroft Interest $#2
Balance Feb. 29, 1964 $ 38.02
March Receipts '- 138.19
Balance (No withdrawals) $ 176.21
MISCELLANEOUS FUNDS:
Road Fund
Balance Feb. 29, 1964 ': $7„564.97
March receipts 105.86
Balance $7;670.83
Street Lightina`Fund
Balance Feb. 29 1964 ($1,644.62)
485 - P.G.E. - sLtg Contract $313.50
Park Fund
Balance Feb. 29, 1964 ($ 896.20) ;
485' - P.G.E. - Park`Ltg• $ 5.25
Total Payments - - - - - - - - - _ _ - _ - _ _ _ _ _ $5,029.34
Approv
Mayor