City Council Packet - 05/07/1962 TIGARD CITY COUNCIL ,
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MINUTES OF MEETING MAY 7, 1961-
Those
96 Those present: Mayor Phillips, Councilmen Aitken, Hanneman, Verharen
and Woodard; and Attorney
Anderson.
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Minutes of meeting of April 16, 1962, read and approved. Minutes of
the meeting of April 18, 1062 read. Councilman Hanneman stated that
the meeting had not adjourned to the Birches but was moved to the
Birches. Mayor 'Phillips'agreed. Councilman Hanneman also questioned Ue
that the meeting was adjourned «t all at George Lewis. Mayor Phillips
agreed that ithadnot been-adjourned. At this point Mr Francis J
Cooper from the floor, arose to state his rights had been denied him.
He read from ORS 221.908 to the effect that it is unlawful for City 1'i
Councils to hold closed meetings. Attorney Anderson called atten-
tion to ORS 221.010 ,and 221.120 public meetings must be held at
least once each month but, he expressed that there is no law prohib-
iting executive sessions of a City Council. He pointed out that y
the section referred to by Mr Cooper was part of the Incorporation
Act of 1893 and was inapplicable to the City of Tigard, which was
incorporated in 1961 under lateralternativeprocedure. Attorney
Anderson in his capacity as the Council's legal advisor, held that
the Council was entirely within 'it's rights in holding an executive
session without benefit ofaudience. Mr Cooper insisted his rights
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had been denied but was unable to identify what rights he'felt were
so'denied due to interruptions.
Magor Phillips called for order and explained the reason for theb
Closedexecutive...session in order'.to.protect the,.privacy of the
real estate transaction proposed and in an effort to get facts as
to the possibilities for extending the sewer to the area under con-
sideration for a retirement home.
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Councilman Hanneman stated to Attorney Anderson that Mr Cooper's
intent was to determine the legality of a'City ,Council`excluding
the public from a meeting not adjourned.
Mr Cooper asked if any'committments:had been made at the April 18, :1962
meeting. Mayor Phillips stated none had been made.
The clerk was instructed to proceed with the reading of the Minutes
of the meetigg of May, 2, 19v2, which were approved as read.
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Mayor Phillips then called on`visitors who wished to present requests
Mr R T Barton stated he would be interested in a taxi cab license F
and offered his help in preparati.on.of an ordinance for suchia service,"""`
stating that while the City of Tigard was not likely to support a
taxi cabs it was his plan to;serve 'the Tigard-Tualatin area.
Mr Barton was asked to submit his proposal in writing.',
5-7-62' Page l
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Mr Framcis J'Cooper, 12875 S W Watkins, then requested a review to
correct his sewer assessment, which he protests in error asto the
footage. Attorney Anderson expressed that the City of Tigard can-
not reviews nor adjust any assessments made by the Tigard Sanitary
District, that a written notice had been sent each property owner
establishing a time within which protests would be heard, and that
Mr Cooper should have filed his Protest within the specified:time.
Mr Cooper stated emphatically that he had never received such a
notice. Mayor Phillips stated the records would be checked and a
written reply sent Mr Cooper by Attorney Anderson.
a -Mr Joe Catancso of the Wild Rhino Restaurant at the Tigard Plaza
j, was then heard in regard to installation of'a garbage disposal in his
} -restaurant contrary to City Ordinance. Mr Catanese stated he had no
information that the installationof a garbage disposal was illegal,
that he had the same equipment at his restaurant in the Lloyd Center,
that to remove the equipment would be costly and necessitate the use
of garbage cans which are unsightly. Mr Catanese statdd the disposal
is used only for scraps from the diners tables and not for heavy gar-
bage nor
arbagenor vegetable trimmings. Councilman Woodard and Superintendent
Janoe stated that both Mr Otto, manager of the Tigard Plaza, and the
plumber had been informed specifically that a commercial garbage dis-
posal was illegal., Mr Catanese stated he would not willfully break
the law, that he;appeared now to learn if some equitable settlement
is possible. Councilman Woodard stated the suggested cost by;the
Sanitary Board was Fifty Cents a day for use of the disposal and $100.00
installment fee. Councilman Verharen expressed that this is not the
place to set fees. Mayor Phillips requested Mr Catanese to provide
the Council with a letter statigg the facts for review by the Council
and a`written'decision would be sent Mr Catanese.
Mr Clarence Juergens who had appeared at the meeting of April 16, 1962,
requestigg that he be considered for the rubbish collection service,
had not presented his proposal and did not appea:Vat the meeting.
Mayor Phillips then called on Mr Herbert Frank of Frank's:Sanitary
Service, and the' Franchise for the City rubbish collection was dis-
cussed. Mr Frank found the Franchise agreeable with minor changes.
Attorney Anderson was requested to include the provision for re-
negotiation each year, and prepare the ordinance for acceptance at
the regular Council meeting on May 21, 1962.
Mr Bud'Kyle, 12825 S W Grant, asked to be heard and presented a`letter'
(herewith) regarding the traffic and parkigg problem created in that
area by the use of Charles F Tigard school grounds for the Little
League baseball dames. Mayor Phillips turned this 'problem over to
Councilmen Hanneman and Woodard for follow-up. ,Councilman Verharen
complimented Mr Ryle for the excellent manner in which his request
was presented.
Mr Joe Schultze, 10665 S W,Johnson, then stated that Johnson Street
was in bad shape, that it was his understanding, and that of other
residents of the area that after installation of the sewer that street:
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5-7-•62 Page 2.
was to receive one lift. Councilman Woodard and Superintendent Janoe
stated the one lift had been applied, and road contractor Owen Snyder
stated that he personally had applied the one lift, but thattheroad
bed had been very soft. -Mayor Phillipsrequested Councilman Hanneman
;T and Councilman Woodard to make a check of the street,
Mayor .Phillips then called on Councilman Woodard for his report• which
follows: The 'Video Scan had revealed a stoppage of the sewer line
undertherailroad tracks (written report herewith) .' Engineer Carter
had arranged with the railroad for permission to dig at the tracks
a and the area is being dug up today in an effort to learn what steps
<' will be necessary to correct the difficulty. A letter had been re-
ceived from Mr'Otto of the Tigard Plaza, protesting the two sewer
service'charges at the office occupied by himself and temporarily by
Jean's Floral Shop (letter herewith) .
Councilman Woodaad again pointed out the difficulty-in checking in-
stallations at the Tigard Plaza since no plans are available and
changes are constantly being made. Presently there is difficulty
in learning just what openings there will be in the 'dentist's office
which is :being installed.
Councilman Woodard MOVED that the Council approve the expense of a
' survey of the land,at the location of the sewer plant. SECODD by
. Councilman Verharen, and approved Councilman Woodard stated a 15 inch
drain pipe should be laid after the survey.
The Sanitary Authorities inspection had been made, reported Council-
man Woodard, and they had agreed that the plan to double the plant
capacity was a,good idea, also the 24 inch line to-service"West side
residents. The Sanitary Authorities had also checked the manhole at
the Nalley Plant and found that the 4 inch force line was half-filled
with hard sludge. Nalley's are aware of the situation and have since
�j had a roto-rooter clear the line, which hopefully will help;the
difficulty.
Councilman Woodard suggested cards be printed up for the use of the
Superintendent in issuing permits,'inspections and stop-orders. The
Council approved, and it was agreed Superintendent Janoe and co
man Woodard check with Attorney Anderson for proper and necessary
wording, and secure the cards.
Councilman Verharen reported we had lost the battle for getting Tigard
freight rates comparable to those of the Hunziker Industrial area,
it was Councilman Verharen s;opinion that it would have been better
to have had repre3entatives from industry approach Pacific Inland 'Tar-
iff Bureau, rather than representative of the City Council. ' He sug-
gested each councilman dig into this and talk with industry and com-
mon'carriers in an effort to,get favorable action. =Since Vancouver
has the same freight rates as Portland it would seem something can
be 'done to get Tigard's the same as Portland also.
5-7-62 Page 3
Attorney Anderson expressed the need to get dates as to when and what
sewer connections were madeatthe Voaet Building,,' Mr Voget feels
that since he, paid once that should take care of all future sewer
connections, Councilman Verharen MOVED that we proceed with the nec-
essary steps to determine`Mr Voget's indebtedness to the City for
sewer connections. SECOND by Councilman Woodard, and approved,
Mayor Phillips reported a call from Mr Oleson of Beaverton Rural Fire
District, advising that-they have a 1000 gallonpumperavailable for
requested Councilman Aitken to check
the Tigard area at no cost. He
with Attorney Anderson for the information needed as to how to proceed
Q.I with Beaverton Rural Fire District.
t Attorney Anderson had not checked out the latest ruling on business
permits as outlined in the League of Oregon Cities Manual, but ex-
pressed
t mac.
pressed that under ORS 221.440'except`for cities of-.9000
than 10,500 population no statutory authority exists for' licensiny-
for the purpose of revenue - this may be done under Charter provisions.
Since a' city Charter will be offered to voters by fall, the matter of
business licenses for revenum purposes could"await the city charter.
Councilman Hanneman stated he felt the need to have the Minutes for
- Attorney Alderson concurred but expressed
guidance between meetings.
that it is the duty of the'clerk to make the Minutes conform to what
actually happens, that Minutes are not necessarily a finalized docu-
ment when approved. `Councilman Hanneman MOVED that the Minutes, at
#, least in rough draft, be mailed to the Councilmen within two days
after each meetiag. SECOND by Councilman Aitken, and approved. '
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Councilman Hanneman stated the County is working up certain general
restrictions regarding the use of the Eastham;property, and how to
proceed; and this information will be presented at a: Council meeting,
of at a meeting of the Parks and Recreation Committee.
NoXbU9(J further had been heard by Councilman'Hanneman from Engineers
Caufield & Caufield regarding the entrance to Main Street via Center
Street, and the Street Sigas must wait until after July 1, 1962.
Mayor Phillips reported 16.building permits have been issued to date,
3;within the last week - 2'are,pedding change in zoning from single
family residence to duplex. Regardigg the application for permit
for the 12 unit apartment on Highway 217, the A-2 zoning requires
18,000 square feet of land. The .land planned for the unit is just
16, JO square feet; but since it is on the sewer it;is felt that �^
r area,would be adequate. Plans showing ;the placing of the buildings
were shown the Council. councilman Verharen MOVED that Mr Ernie Piluso
be'issued a building permit for the 12 unit apartment at 12285 S
i Highway,217. SECOND by Councilman Hanneman, and approved.
Mayor Phillips instructed the clerk to give Mr Piluso copies of Ordin
antes 62-1 and 62-2`when he gets the Permits so there will be no
misunderstanding in that regard.`
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5-7=62 Page 4.
Mayor Phillips named the following 9 residents to serve on a Citizens'
Budget Committee: Owen Snyder, Al Pietila, K K Rutherford, Lou Girod,
Bill Webber, A A Biederman, Del Ball, Art Mason and Mrs Nancy Steele.
Attorney Anderson expressed that there,should be one committeeman for
each council member, and that the terms should be staggered 1, 2 and 3
years, in order to avoid an entirely new committee each year. Those
chosen weret', Al Pietila - 3 year term
K K Rutherford I,year term
Lou Girod - 3 year term
Bill Webber 2 year term
Del Ball - 2'year term
Mrs Nancy Steele - alternate
Mayor Phillips asked the clerk to call the members of the Budget Com-
mittee for acceptance of the appointments and arrange a Budget Meeting
Friday, May 11, 1962, at 7:30 P. M, in the Community Hall. At this
time first draft of the 1962=63 Budget on the form for that purpose
will be ready for study.
At that meeting consideration will also be given to the possible ex-
tension of the sewer line to the proposed retirement home.
Mayor Phillips presented an application for a Permit for a 4th of July
Fire Works-Display-at the Family Drive In Theatre for consideration.
Councilman AitkenMOVEDthat the application be granted. SECOND by
Councilman Woodard and approved.
Mayor Phillips read a letter from the Federal Aviation Agency re-
garding a proposed Airport to be constructed 131 miles West of Tigard.
Attorney Anderson expressed we might suggest the name Tigard-Beaver-
ton Airport, Pointing out the easy accessibility to `Portland over
the new Freeway. Mr;Paterson, from the floor, stated it Was his
understanding that owners of 4 surrounding pieces of, property have
filed a;protest. The Council, as a whole, felt that the airport
would be a good thing at least publicity-wise for Tigard,
Attorney Anderson anticipates seeigg Mr Meyers
' of the United States'
National Bank this week regarding;the lease-rental option on the vacant
F bank building on Main Street. Mayor Phillips requested that if pos-
sible the building be available for occupancy June 1 1962, rent of
$100.00 monthly to commence July 1, 1962.
Councilman Aitken MOVED that the Council pay the 4 iadies who served
on the election board at the time of election of the`City Council in
November;1961. ? SECOND by Councilman Verharen, `and approved for alfee
of $10.00 each to Mrs James Aitken, Mrs Tom Fisher, `Mrs Francis Cooper
K and Mrs Roscoe Winters.
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Bills totalling $3,659.86 (list attached) were considered. Council-
man Verharen MOVED for payment of the bills presentedSECOND b
`. Councilman Woodard, and approved. . y
Councilman Aitken MOVED to adjourn. SECOND by Councilman Woodard,
and approved.
�._ Meeting adjourned at 10:45 P. M.
Respect£ullyub�itted,
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5-7-62 CYerk
TIGARD CITYCOUNCIL
bills presented for payment 5-7-62
Sewage Disposal Fund
Cks No:
120 Mote's April '62 collection fee $12.82
121 McCready Lumber Co. (Plant repair material) 5.99
122 Tigard Water District Plant water 23.70
123 Northwest Natural Gas Plant gas 116.39
124 Girod's Super Market - Plant supplies 6.33
125 Tigard.Water_District -April '62 rent 30.00
126 C E Janoe Truck'sent April 162 70.00
127 H M Propst Adding MachinerentApril '62 5.00
128 James L Savage - March '62 Accounting Service 100.00
129 West Coast Telephone - plant phone 25.91
130 West Coast Telephone 31 office phone 12.98
131 Portland General Electric- plant electricity 134.27
132 U S Bank for check printing 14.16
133 Pennsalt Chemicals Corporation - Plant Chlorine 37.50
134 Video Scan - Sewer Line Inspection 1 day 250.00
135 Frahler Electric;Co. .- Plant upkeep 21.65
136 'Tigard Times April '62 Sewer billing cards 13.10
137 ,Mrs James Aitken (Election Board 11-61) 10.00
138 Mrs Tom Fisher 10.00
139 Mrs Francis J Cooper 10.00
140 Mrs Roscoe Winters' " 10.00
From Sewage Disposal Fund - - - - - $:919.80
Special Lighting Fund
c?k no
101 , Portland General Electric - Lighting Dist #1 " $172.49
SewerConstruction Fund
Ck No.
101 Elden W Carter - (Industrial Area Extension) $203.47-
102 System Construction Co. 1,891.10-
103 Elden W Carter - Lomita Terr. Engineering Serv. 188.50
104 Eiden W Carter - Blevins - Engineering;Serv. ; 117.00
105 C E Klock - Refund a/c Sewer Construction Dep. 101.50
106 Glover 4 Blevins - 106.o0
$2,607.57
Sewage Disposal Fund $ 919.80
Lighting Fund 172.49
Sewer Construction Fund ;2.607.57
$3,699.86
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*Checks Nos. 101 1.102 drawn in error on Sewer Construction Fund
to be refunded byCo.Treas for South Sanitary District "= $2,094.57
ME
Fmm
/.7 / McCready I.<imbcar Co, i''=Int. rc;a:: ,_uier»al i9
Tigard Water Di5cs .ct slag', wnto 23.7J
?,Orthwest Nzlt ira 1. r .• 5.i3f�`-. ',ir,� .. I,..l }s
Cirod's sup._r t-are.,c. 6.33
i2J _Tigard Water .en 7. `l
C F Oan,of! Truck r-ant Ar,t:. 'C1 ?0.Q0
r(lnt 'ail G
Jami, 9 L ;,jvac,c 1<n_ ci Se.rt. � p;
f•''/_-. Portland General -t r is ..'27
U S Bank for check printing 1:.1
f 3 3 Pennealt Ghomica3a Corporation - Plant Chlorin; 37.50
7
/ �-1 Video Scan- Sewer Line An'spection 1 d%V G`,0 00
�Jf Frahler Electric Co - glint vr�%eec 21.6
/ Tigard Times April '62 sewer hillirg carcl5 13.it?
/ Portland ^:nncral L li._ _ric - iyliti;g; niotrlct 41 -2.39
Ll Ext. ?J3_47 U
/
l ,tatem 0�3nszru, . ,c n
/GF i t,..•7 Ft r.l
-.Iden W Car - i a ri';i r.i_ -%r _zr
C E Clock - `Refund a/c Sower Construction Deponit 1C1..C7
)06 Glover O'Blevins - Refund a/c
$3659.66
Northwest Natural G,.n Co. 130:42
Portland general Electric Co.
Tigard Plater °)istrict 24'2F
t?r�st coast Telephone Co. (P],=nt Phone
�4,75
West Coast Telephone Co. (h Office Phone 'C, 11 ells) 14.07
Tigard Fater District (March 1962 rent) 30.00
H M Propst,. (Adding machine rent) 5,00
Mark Larwood Company 3.75
Mote's March collection fee 12.2f
James L Savage (preparation Financial Statement) 300.00
Tigard Lumber Co. 18.13
Tigard Times (March Sewer Billing $23 -2 maps $2) 25.00
Northwest Stationery & Pri.ntina Co. (O£fice supplies) 11.59
Twiss'Plumbing & :Seating Service 1.50
732.38
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Res S w Grant street
qtr Wilmer Xylo ,
12825 S X Grant Street
Tigard- oreqcqn
Tamar M Kyles
Your latter of may Ort, x.9,62 And raceivae, by the C-`KSL1ncjl On
May 7th, will be anmmred dixect to you inasmuch ag Y0__ m�c_6
Y*ur group°s prosentatia��. Coptan aro bei + =alled to
Val J c1c, Aiwa bay$ X P0910, Mr Glenn L itb,
A MW Virginia Park*.
It 13 nWeSnaxy to point first tha�:,-est i�rt��`m�a�i�r is 3362,
and budget approval will the ci.tylw krf � position to authorize
any apendi of public fexnde. �
AS I discussed with Mrs O3. ._.S t3.,<some time ago, the City
will the n, as soon as p adIly tt
le, install the r a�a-
sary Signs. Theses signs w 1,1. be` at the property c nai=•s
cxrmn*Q AS will any, aigrAi, jlace �y the City on dedicated, .-
1 r stamdard. atroe - -T '�;" ama Lwill continue until such
time an the city ri2q ai general street Jzprove=Mt tax to
bs<Lm X13 AAioat but City, County or state accept
at ta. up to at �_syf
The "POUGO Of such DiVAS will be kept to a minim= through
quantity buying by ,the City. , This Will also paait. the Casty.
to select sign .itb ontinui �.
y.
It is tv fL= belief that nntitl !lave a .,..1.+a.. force, lam
sh6tal i ssel t an d,place obly t of dAgns tbat da t
mire vol coverage.
Veru ,t- ly ngreg;
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5/1/62
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HONORABLE CITY COUNCIL
CITY OF TIGARD
TIGARD> OREGON
GENTLEMEN' '
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THE RESIDENTS OF S. W. GRANT STREETP' SOUTH FROM WALNUT AVENUE TO THE NORTH
BOUNDARY CHARLES TIGARD,ELEMEN7ARY SCHOOL DO HEREBYRESPECTFULLYPETITION 'fHE
HONORABLE CITY COUNCIL TO TAKE IMMEDIATE ACTION TO ALLEVIATE A PRESENTUNSATISFACTORY
SITUATION.
DURING THE PAST YEARS LITTLE LEAGUE BASEBALL DIAMONDS HAVE BEEN CONSTRUCTED ON
THE GROUNDS OF CHARLES TIGARD SCHOOLS HIS PROPERTY BEING EASILY ACCESSIBLE BY S. W.
GRANT STREETS AN OVERBURDENING NUMBER OF AUTOMOBILES' HAVE CHOSEN THIS ROUTE TO THE
LITTLE LEAGUE PARK. DUE TO THE FACT THAT S. W. GRANT STREET HAS NEVER BEEN PROPERLY
MAINTAINED AND IN VIEW OF THE INEXCUSABLE CONDITION IN WHICH THIS PORTION OF 3. W.
GRANT,STREET;'WAS LEFT AFTER THE RECENT SEWER INSTALLATION, AND IN VIEW OF THE TREMEN-
DOUS.rSPEEDS WHICH VEHICLES TRAVEL ON THIS STREET WHILE TRAVELING TO THE LITTLE LEAGUE
PARI( AND TAKING INTO CONSIDERATION THAT THIS PROPERTY'WHICH Is LESS THAN ONE CITY
BLOCK LONG, HOUSES OVER 14 CHILDREN:RANGING IN 'AGES FROM 4 MONTHS TO 12 YEARS THE
UNDERSIGNED- FEELS FULLY JUSTIFIED IN REQUESTING,THE CITY COUNCIL TO PREVENT THE
FLAGRANT USE OF PRIVATE ROAD, WHICH HAS NEVER BEEN CLAIMED BY EITHER THE CITY OF
TIGARD THE COUNTY`OF WASHINGTON OR THE STATE OF OREGON.
IT SHOULD ALSO BE CONSIDERED THAT THESE VEHICLES FREELY USE THE STREETS PRIVATE
DRIVEWAYS LAWNS AND ANY OTHER AVAILABLE SPACE FOR PARKING WITH COMPLETE DISREGARD
FOR PROPERTY,RIGHTS OR RESIDENTS FEELINGS.
YOUR ACTION IS MOST CERTAINLY'APPREC:ATED.
SINCERELY REQUESTED
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