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City Council Packet - 07/16/1962 II TIGARDMM CITY COUNCIL MINUTES OF MEETING JULY 16, 1962 Those present: Mayor Phillips, Councilmen Aitken, Hanneman and Woodard, ?nd Attorney Anderson. ` Mr Paul Taggart of Beaverton, was present to request consideration of annexing the area bounded by Greenburg Road, ,98th Street and North Dakota Avenue from Metzger in order to get sewer service. Mayor Phillips suggested,Mr Taggard discuss this with other pro- perty owners in the area to determine whether or not they are willing to annex to Tigard. Attorney Anderson expressed that legally sewer service may be extended without annexation, or ;Tigard can annex the area without consent.of Metzger, however., Mr Tagg should discusa this with the.Metzger Sanitary District,' Mr`C H Embree, 9020 S W Burnham, reported that Ash Street had been :' repaired by Mr Owen Snyder, apparently without authorization from either the City or the property owners, Embree, Vandervluat or Hcrd. Mr Embree reported the work was most satisfactory and that, in his opinion, the cost of $75.00 should be borne 31 by the City and � by the 3 property owners. Mr Embree stated the traffic to the sewer plant is much in- excess of that by the 3 residents on the street. Councilman Hanneman felt that,the only way it could be handled was a 4-way split, and only if it was clearly understood this would not be the practice in the future. Councilman Hanneman was requested to discussthematter with Mr Snyder to clarify that there must be authorization from the City Council foranyroad work within the City limits. Mr Vance Lee presented a proposal for a 2-year lease of 1100 square feet of office space at 9005 S W Commercial Street for City office, the City to provide it's own utilities except water. Councilman Woodard suggested this be considered after;the council members had an opportunity to;look at the;space. , Councilman Woodard reported that Mr Jance owns 50' of land on the other side of the Water District office on which he is'willing to erect a building 201 x 40', provide heat and electricity, and in- stall plumbing, said building to be ready for occupancywithin 2 months, "on `a 5-year lease at a rent of $80.00 per' mothth; The"struc- ture to be 'so built that it could be.added onto in the future. Attorney Anderson reported that Mr Meyers of the ,United.States National Bank has other interested prospects for the vacant bank building on Main Street, and it was agreed .the lease-option on that building would be returned. Councilman Woodard has not yet.heard from Engineer Carter after study of the Charlton Laboratories and other test reports made at the sewer plant. ;Right .now with low'water, the sludge from the Nailey Plant has been unusually heavy, has had to be skimmed off and buried, and has necessitated the use of a considerable amount of deodorant. Tests have indicated the plant is carrying a load comparable to a population of about 6200. Councilman Woodard reported the matter of capping the sewer connec- tion at the Warner property had been satisfactorily resolved. 7-16-62 Page 1. ` j` . Mayor Phillips requested Councilman Woodard to check as to whether Superintendent Janoe and Water Superintendent Lohrenz-had been in touch with the Neptune Meter representative to arrange for a check of the water meter at the Nalley Plant. It was agreed Superintendent Janoe would have one week's vacation July 23 through July 27 1962, but that he may becalledin event of need. There was discussion of the need to get the necessary fill dirt to take care of the problem at the Wallace Johnson property. It was agreed Councilman Hanneman would approach West Coast Telephone Com- pany regarding the availability of fill dirt from their installa- tion of underground cable in the City, also regarding a permit for performance of that operation. Councilman Hanneman was also re- quested to approach the State Highway Department regarding fill dirt from their project on Highway 217. Considerable fill will be required to correctthedifficulty at the Johnson property. Councilman Woodard reported results of the certified letters sent delinquent sewer users, and MOVED that the accounts of Phillip Miller, John Scheckla, Lowell Jensen, W E Chamness, Russell K Morgan and Neva Root be certified to the County Assessor for asses- sment againt their lands, collection as other taxes and paid over to the City. SECOND by Councilman Hanneman, and approved.' Councilman Hanneman reported a letter ready to go to Washington County Court indicating the City's willingness to accept Tigard Street, 87th Avenue, 95th Avenue (North of Greenburg) and Pfaffle Street, ,upon their indication of agreement, the City Ordinance ac- cepting same to follow. This letter also confirms tentative agreement for cooperation with the County to improve county streets within the city limits, based on the City's priority, and the $9500.00 available each year for the next 3 fiscal years for that purpose. There are several streets, namely Brookside Avenue, Brookside Place and Lewis Lane within the city which are not county roads, and should be 'accepted by the City within one year from the date the streets were built. Councilman Hanneman reported the prospect of the Eastham property for a park is still hopeful, unless the public',s attitude regarding the tax ;levy should work as'a detriment.' Councilman Aitken reported letter had not been received from Beaverton Rural Fire District, but that he will again make an effort to get this moving. After discussion it was MOVED by Councilman Woodard, SECOND by Councilman Hanneman that regular council meetings be held the 2ndt and 4th Mondays, effective August 13, 1962, in order to facili- tate the handling of monthly bills. The clerk was requested to notify the property owners:adjacent r` to, 9350 and 9460 S W Tigard'Street, and the Tigard Times, of a public i^wring to be held august 13, 1962, on the application for zone change from R-7 `(residential) to A-2 (apartments) , also an application for t=&-=Gama change on the Commercial Street property East of the Water District office,"from A-2(apartments)to C-2(commercial) Mayor Phillips presented each councilman with first draft of the g Plannin &Zoning Manual for study in readiness lfor 'discussion at the 'next regular council meeting. 7-16-62 Page 2. �i. There was discussion of the need to make some changes in office arrangements and purchase a chair for the use of the clerk, which Councilman Aitken suggested he could arrange for at a cost of,$35.00. Councilman Woodard MOVED that the Tigard Branch of United States - National Bank be appointed depositary for the City of Tigard, SECOND by Councilman Aitken, and approved. Councilman Woodard reported that Superintendent Janoe had found an employee of Contractors, Incorporated, working on the clean-out that goes to the main sewer line at the Tigard Plaza, having cut off half of the hub where the plug goes, and in cutting out the lead had broken off part of the plug. Superintendent Janoe;had re- quested the work be stopped and informed Contractors, Incorporated that this sort of ..!crk would lava to be performed by a licensed and bonded plumbers" Mayor Phillips reported that the copy of the Oswego Sub-division Ordinance had been sent Engineer Carter for study. Mayor Phillips presented each councilman with copy of suggested''re- vised budget, which may be necessary in event the voters again re- fuse the tax levy to be voted for the third time August 3, (copy attached) . Letter is to be prepared and sent each register- ed voter in an effort to make clear that there may no need to increase the,tax levy. Contact has been made with various organ- izations offering that a councilman will be glad to appear to pre- sent and explain the request for a tax levy, since it would appear there must be a great deal of misunderstanding of the issue. On MOTION by. Councilman-Woodard, SECOND by Councilman Hanneman, and passed, the following Resolution was adopted: RESOLVED: That a special election be held in the City of Tigard between the hours of 8:00 a.m, and 8:00 p.m. on the 3rd day of August,1962, to submit again to the legal voters of the City of Tigard, Oregon, the following proposition:NKMf For the reason that the City of Tigard has no tax base within WA the Limitation of Section 11, Article X1 of the Constitution of the State of Oregon, and insufficient funds;are available to cover the necessary personal services, maintenance and operation costs, a specials levy to raise $12,600.50 is hereby referred,to the voters: Shall the City of Tigard, Oregon be authorized to levy for personal services, operation and maintenance' of the City for the year beginning;July 1, 1962, and ending June 30,'`1963, the sum of $12,600.50? RESOLVED: it That the City Clerk and the City Attorney be authorized and d:. ^t^d to �cauoe to:'have notices .i .. yvedct. `; eielvn materipy als re- pared, and to take any and alother steps required incident to the holding and conducting of said election. RESOLVED: That'Mrs %Roscoe Winters, Mrs Frank Adams,' Mrs Jack Keesling, and Mrs`DavidrMartin; electors of the City of Tigard', be, and they are hereby, designated to act as'a board of election, and the City Clerk be, and she is-"hereby, directed to give 'notice` to the respec- tive members of the election board of each of their appointments. T=16-621 Page 3. 71 Attorney Anderson reported the second Bancroft Bond issue can be ffs sold as soon as the total figure is received from Mr Savage.' Attorney Anderson had reviewed the easement granted the owner of Wallace Johnson property and will write Mr Johnson, with copy for ( the City file. The hearing held June 18, 1962, regarding the applicationfor zone change from R-7 (residential) to A-2 (apartments) at,11580 S W Highway'217, having met with no opposition, the ordinance was pre- sented by,Attorney Anderson.' Councilman Woodard MOVED that the Ordinance be enacted granting the'zone change, SECOND by Councilman Hanneman) and approved, it thus becoming City of Tigard Ordinance No. 62-13. Mayor Phillips presented Mr Arthur W Verharen's letter of resigna- tion from the City Council (attached) . Councilman Hanneman MOVED for acceptance, SECOND by Councilman'Aitken, and approved.' Mayor Phillips requested a special meeting on Monday, July 23,1962, at 7:30 P. M. Councilman Hanneman reported a letter from the Oregon State High- way Department in reply to our letter of May 28, 1962, stating it is not their desire to make any change in the enlarged end of the traffic island at the intersection of Greenburg Road and Highway 99. Bills to complete the fiscal year 1961-62 were presented for con- sideration. CouncilmanHannemanMOVED that bills totalling $1140.35 be paid, SECOND by Councilman Woodard, and approved. Councilman Hanneman MOVED to adjourn, SECOND by Councilman Aitken,` and;approved. Meeting adjourned at 10:30 P. M. Respectfully submitted, 7-16-62 Page 4 TIGARDHM CITYY COUNCIL' Bills approved for payment 7-16-62 Sewage Disposal Fund Balance - - - - - - - - - - - $2,091.43 Check No, 210 H M Propet (For Clary Adding Machine) $160.00 211'Clary Corp (Service Con. " 1. 1 yr) 26.40 212 Mrs Tom Fisher (6/15/62 ElectionBoard) 10.00 213 Mrs Francis Cooper 'io.00 214 Mrs Roscoe Winters 18.00 215 Mrs James Aitken 50.00 216 Mrs Olen Wolf (7/9/62 10.00 217 Mrs Roscoe Winters 10.00 218 Mrs Francis Cooper 10.00 219 Mrs Frank Adams 1. 10.00 220 Frederick A Anderson (Legal Service thru 6/62) 220.00 221 Sanfax Corp.(Sewer line maintenance) 167.00 222'Whit;cher Printing (Coupon'Billing Books) "107.80 223"Kleenair Products Inc (Plant;:Maintenance) 46.86 224 Coast to Coast Stores (Plant Maintenance) 4.49 225 West Coast Tel Co.(P1ant Phone) 24.53 226 Tigard Lumber Co. (Plant Maintenance) 6.45 227 Eugene Dietzgen Co.(Supplies-dffice) 8.10 228 State Industrial Acc.Com. (2nd Quaater Report) 37.80 229 West Coast Telephone Co. (31 office phone) 13.97 230 Pacific Stationery (office supplies) 3.52 231 Duplex Tray (Sewer) 51.00 Total - - - - - - - ^`I Balance - - - - - - - - - - - - - SewerConstruction Fund - - - - - - - - - - - $4,088.86 Check No. 115 The LPG Company (Charge Sierra Elec.Co.) $ 9.85 116 Modern-Plumbing Co. ( Charge Sierra Elec.Cb.) 15.00 117 Booth & Wright Inc (Plant site survey) 150s00 Total -`- - - 174.85 Balance - - - - - - - - - - - - `-$3,914.01 HE,1 E.' ; :',t.?_, _'IPt ?.OTFCTI I,.YTCm Aloha, 0 et on u;,, }r. d;F^ The Honorable Elton Phillips Mayor of the City of i Lard :igird, Oregon Daar mayor: After truch discussion by our Board. of Director:-, it hr, been unci^.i- mou ly agreed that we could not reasonably consider an annexation of the City of Tigard into the,Beavertor Rural Fire Protection District _s was previously d_ac, ed_ Th_.._ rp. l u=ani hnr-, pnn en,+.d by ti,u fact that the fire protection neces.;ory for a city suclh as }ours is much more requiring t}'an the protection ae, 35 afforded the rural area. As you no doubt are aware, we operate, our -rural area on les,; than two mills and this millage applied to your gas,—;es eci va"hiation would..not provide sufficient funds to establish a station within the city. Al;o it should be recogni ed that any eoui..ne.nt ,;u chasel by the _ural firs district would nocesFitate`long term financ'_n of a long term invest- ment, as compared to the restrictions placed upon us for short term' contra.ctin_ to a maximum of three years. This, in itself, makes any consideration economically unsoanci. It is our recommendation that the City of Tigard remain a part of the x'ualatin Rural Fire Protection District until ynu =ire financially pre- pared to establish your own fire department. This recommendation is made on the basis that additional protection as is req_uired by a city can be provided for by contract with the present fire protection di.�- trict, plus the fact that the Tualatin Rural FireProtection District does have a mutual aid agreement with the Beaverton`Rural Fire Protec- tion District which is able, willing and ready to respond upois request of a`call by them. Should the City of Tigard find their way clear to organize their own fire department, then the Beaverton Rural Fire Protection'District' would be interested in arranging an agreement to provide the support of one fire truck from our Beaverton sub-station on a per fire call basis. rM We trust the foregoing decision and recommendation by Beaverton Rural Fire Protection District are accepted wholeheartedly as being in the best interests for the residents of the City of Tigard at this t nc. If we can be of any further assistance, be assured that our nrz_n,z_.ioa to couperxte as i.,z feasible. MNO Very truly yours, B':.r'.V�ONURAL REFP,O GiQ DISTRICT d T. Crawford Secretary-TrF2surer cc: Alden T. Oleson