City Council Packet - 08/13/1962 TIGARD CITY COUNCIL
MINUTES OF MEETING AUGUST 13, 1962
Those present Mayor Phillips, Councilmen 'Janneman,-Sitton and
Woodard, and Attorney Anderson.
Minutes of meeting July 16, 1962, approved as read
Minutes of meeting July 23, 1962, approved as read
OEM Mayor Phillips called on Engineer, Carter for discussion regarding
the joint use of Tigard and Metzger sewer facilities. In response
to Councilman Woodard's question as to why Metzger's application
for Federal Aid had been granted and Tigard's had not, Engineer
Carter pointed out that Metzger has the area more suitably situated
for expansion, that it would have been better had the Tigard plant
been located further down stream. This brought from Mrs Scott of
8930 S W Burnham, a vehement complaint about the unsavory odors in
the neighborhood during the recent hot weather. Mr 0 R Randall of
8975 S W Burnham voicedthesame complaint. ` Councilman Woodard '
stated that everything possible had been done to 'counteract the
odor, that quantities,of deoderizer'had been used.
Engineer Carter stated that it is difficult for, him to provide
figures regarding the combined Tigard--Metzger sewage facilities un-
til he has some definite information as to size of expansion contem
plated, and assurance of interest from both areas. The Metzger San-
itary Board have indirectly given evidence of their interest and
Engineer Carter urged a meeting of the Tigard Council and the Metzger
Board in an effort to arrive at some decisions.
Mayor Phillips suggested a tentative date, September 4, 1962, request-
ing Engineer Carter's attendance, the date to be verified with the
Metzger Board. Engineer Carter in the meantime to get whatever in-
formation possible on their proposed plan of action. The Metzger
Board's report is available, according to Engineer Carter, and has
not been revised upward. It is Engineer Carter's'understanding that
the Metzger' residents feel that the cost is' too`high for the area.
Engineer Carter pointed.out that the Federal Government is attempt-
ing to.assist in .this sort of thing in an effort to get facilities
big enough so there won't be the need to do it over again. In the
meantime, he pointed out, Tigard should consider just how far to go, '
what area tv be served, ,the location of the plant, also:whether or
not additional area to be served could be 'assessed.
Mayor Phillips expressed, that something must be done, that basical- `
ly it is the desire to serve the whole area. Engineer Carter 'exprea-
sed that the State wants Metzger to go in with Tigard, and he needs
to know whether or, not this is 'possible before. he gives any advice
regarding enlargement of"Tigard'a recent- Sant
There was discussion of the report of the two'week testing in con-
nection with the Nalley Plant, and Engineer'Carter stated copy of
the report had been sent Nalley's. He suggested that copy should
also be sent the State Sanitary Authority and Councilman Woodard
would see that this is taken care of.
At this point Mr C J Selliken offered his services at less cost to
take care of the problem at the Nalley Plant, and a means to temper-
arily get by with 'present facilities, double the plant capacity and
solve the Nalley:problem;with his chemicals.` He °stated Nalleyls
had tried his chemical at some earlier time but that'the ithen Tigard
8-13-62 Page 1..
Sanitary Board had not taken advantage of his offer. Mr Selliken
stated he had been more successful,in the State of Washington than
in his own community with his product.
Mr" O R Randall, 8975 S W 'Burnham, then requested to know why he is
paying double for sewer service at his property, one living'unit
being occupied by only one member of his family. Mayor Phillips ex-
plained that since there are two separate living quarters on the pro-
perty, the City Ordinance requires a charge for e3^h living unit,even
though there may be just one occupant in the unit.
Mr Bud Kyle, from the .7unior, Chamber of Commerce, then stated that
since it is his understanding thattherewill be 3 council ,seats up
for election, lie would like to know how candidates may file and
whether or not there is a deadline for filing. The question was're-
ferred to Attorney Anderson, who explained that since the City is
without"'a Charter, it would need to be governed by statute, and if
Mr Kyle will call him at his office he can give him the information.
Mayor Phillips proceeded with the hearing on the Petition for zone
chanse at 9350 .and 9460 S w Tigard Street from R-7,(residential) to
A-2 (apartments) . There being no opposition, Councilman Woodard
MOVED the request for change be granted, SECOND by Councilman Hanne-
man, and so VOTED.
r ,
The Petition for zone change at 8825 S W Commercial from A-2 (apart-
ments)`to C-2 (commercial) was heard, there being no opposition,
Councilman Woodard MOVED the change be granted, SECOND by Councilman
Sitton, and so VOTED.
Mayor Phillips ;then presented the,application of Robert W Campbell,
13025 S W Grant,for,buiding;an attached car port at his residence;
Planning%,E Zoning requires.5 feet from the property line and there
is available 3 'feet'11 inches. Letters had been submitted from adja-
cent property owners:after checking their Deeds, expressing no objec-
tions. Also an application from L E Herb3ter,;;10270 S W School Street,
for building an attached garage. Adjacent property owners had checked
their Deeds, and expressed no objections. Planning and Zoning again
requires"5 feet from the property line and only 3 feet is available.
Councilman Sitton expressed his understanding that the required 5 :feet
is to avoid afire hazard, ;that if the footage is reduced a fire wall
would be required. Since this was true, it is Councilman Sitton's
opinion that the Planning and Zoning Code restrictions should be 'ad-
hered to. He pointed out that Portland had difficulty in this same
kind of situation, and to grant a change might'.establish a precedent.
There was discussion and Councilman Woodard requested clarification
from Attorney Anderson, who expressed that Planning & Zoning is
primarily for the orderly establishing of the community and not in-
tended to work`a hardship on the citizens, hence variance is possible
at the Council's discretion, taking into consideration any hazards
a presented. After considerati.on, it was :MOVED by Councilman Hanneman
that both building permits be denied, SECOND,by Councilman Sitton,
and so VOTED.
Mayor Phillips then called for Councilman Woodard's report. Council-
man Woodard stated that it is his understanding that Superintendent
Lohrenz had not taken' a record-of the water mettr reading at the
Nalley Plant in accordance with the agreement with the Tigard Water
Board. Mayor Phillips explained that he will be attending the Water
Board meeting tomorrow evening when this problem will be taken care of. 4.
Councilman Woodard reported he had provided Attorney Anderson with
copies of the City of Beaverton Sewer Ordinance regarding inspection
of inside plumbing, and he is awaiting preparation of the necessary
ordinance or amendment to our Ordinance to insure that proper inspec-
tion ismadeby City Superintendent Janoe: He is also awaiting At-
torney hnderson's approval for the necessary permit and stop-order
cards.
Councilman Woodard requested Attorney Anderson to write Mr Catanese
of the Wild Rhino Restaurant at theTigardPlaza regarding payment
of the $100.00 installation charge for the garbage,disposal.
The State Boiler inspection report was presented by Councilman Wood-
ard,<which_indicates that a vacuum breaker must be installed to con-
form to insurance regulations. Councilman Woodard MOVED that Super-
intendent Janoe be authorized to have the vacuum breaker installed,
SECOND by Councilman Hanneman, and so VOTED.
Councilman Woodard had met with Mr DunstonofPortland General Elec-
tric, and learned there is a monthly investment charge of $65.77 plus
80C per pole contact charge of $8.04 for street lights, a total of
$73.81 contracted for' monthl_v, whether the power 9.s used or not.
Cost,per small light is $4.60, per large, light $9.45.. Councilman
Woodard plans to present the problem to the Tigard Development Cor-
poration at their next meeting to learn if they have any suggestions,
or a'solution as to how;to raise the money to provide lights. Before
the meeting the problem will be discussed with Mr Pete Perrine of
Tigard PGE office. Councilman Woodard pointed out that as the days
grow shorter the need for street lights will become acute and it is
hoped some solution will be forthcoming.
Mayor Phillips called on Councilman Hanneman whoreportedthat letter
prepared by Attorney Peterson had been sent to Mr Floyd Query of the
State Highway Commission requesting a hearing regarding,the;proposed
access route under the via-duct to Tigard Main Street. Mr Query had
called stating that the proper procedure is to submit plans and report
to him, the Commission will give their decision after the necessary ;
study and only then if we disagree,would a' hearamg be required.
This information had been conveyed by letter to Tigard Development
Corporation and Engineer Caufield, with request that they prepare
the necessary information for ;the Council.
Letter had been sent the Washington County Court by Councilman Hanne-
man, advising that the City will accept the streets as listed (copy
filed) after completion of satisfactory work. However, the amount
the City will have available for the fiscal`year program wi11'be re-
duced from the $9500 quoted to $7500.00. Councilman Hanneman reported
the County has already started'work on Burnham, Scoffins, South Westl
95th & Commercial; and the short section of Center Street North of
Greenburg.
The Speed Control 'Board had accepted our objection to the 40 MPH
speed limit on Walnut Avenue, and have established a limit of '30 MPH`
on that section of;Walnut within the City. Signs will be provided,
hopefully by next meeting. New signs;will be placed under State
authority. At this point Mr Del Ball, of Vermilye-Ball, called at-
tention to the condition of the sign in front of their establishment,,
which,should be repainted or replaced. Councilman Hanneman was aware
of this, and the fact that the signs should be placed at the end of
the street, and this will be taken care of as soon as possible.
Councilman Hanneman stated that" the State Highway Commission has re-
quested action on their Lincoln Street offer, stating that all cost
for storm sewers and curbs would have to be':borne "and built by,the
City., The State's request that Lincoln provide 2-lane traffic 'pre-
sents a problem in that at the corner of Lincoln-and,Commercial this
'S-13^62 rage, 3.
would necessitate running the sidewalk through the property owner's
living room. A check for cost from one contractor specializing in
curbs and storm sewers indicates $2.65;per foot for 10 inch tile,
and $85 for each catch basin. , Ti:is_would put the cost for' 1880 feet
on both :sides of the street,plus the •catch basin at some $9000.00.
There is available $2.250.00 and we need 4 times that amount. So-
this is not feasible, and since there are retiredresidentson the
street, some with as high as 200 footfrontage,_the costwouldseem
to work a hardship on property owners, Councilman Hanneman suggested
it might be well to ask the State to take care of McKenzie and over-
look Lincoln. Mr Bud Kyle questioned why McKenzie when no residents
are served on that street. Councilman Hanneman pointed out that
McKenzie is in the worst shape of any city street, is heavily travel-'
ed and privately maintained. He stated the City will eventually get
to other private streets.
Councilman Hanneman has .requested a statement from Contractor Snyder
for the one-fourth cost of dust-oiling Ash Street, and also has asked
for a bid for grading and dust-oiling S w 91st, ,South of Greenburg,
but has had no reply,
Councilman Hanneman reported the Deed to the Eastham property was re-
ceived and is presently inthesafety deposit boX of Mrs Ewin. There
was discussion of the need for a safety deposit box, which had been
approved ea-rlier`,but delayed when the prospect Of occupying the vacant
U S Bank building looked possible. Councilman Hanneman MOVED that a
safety deposit box bearrangedfor at the Tigard Branch Of United
States National Bank, SECOND by Councilman Woodard, and so VOTED.
Regarding the Park property, Councilman Hanneman asked Attorney Ander-
son what road Eastham referred to in his correspondence with Bilyeu
in 1951. Attorney Anderson replied :that he has not examined the map
to know what road was referred to, perhaps past the Bilyeu house.
Attorney Anderson suggested it might be well to have the title
searched, which would reveal the road. The cost :of a title search
would be approximately $22.50. Councilman.Hanneman stated the upper
-
end of 92nd is a dedicated street past the High School,' and"there-.IS
one-way access for construction work. Several agencies have offered
to assist, the State Farm & Forrest Service has offered services of;
their crewa to remove any timber. The State Highway & iRecreation
Department has requested a meeting with the Tigard Park'& Recreation'
Committee for discussion on planning. Tentative date set by :Council=
man Hanneman is Tuesday,; August 28, 1962, at B:OO P. M., the evening;
after the next regular Council meeting. Councilman Hanneman suggest-
ebam d that Council members attend, as well as any interested citizens.
The State Planning Director will be in attendance.' Gifts from Tigard
Junior Women and the Indian Guides totalling $575.00 have been re-
ceived. A number of others have expressed their interest but 'first
it might be v+ell .to get some plans started. ';
Mr Harris Hanson, President of Tigard Junior Chamber, expressed r
groupthat
s desire to help, and he will be contacted h1: the Park .
tee, since the Committee will want to know what facilities the�-v,iuuit
want. people
Councilman Hanneman then asked if on streets' where,the City boundary
splits the street, :is it reasonable to deduct where the County works
or should it'be left with the County until the entire street belongs
to the City. Burnham, at;the lower end where it turns to Highway 217
is only half;within the City.
ary he" initial point"of the City bound-
is stated "the North
east corner"of the Hicklin Land Grant" in
the legal description. "This appears to be in the center of South
West North Dakota. -Yet the description that"follows of the boundary
8-13-62 Page 4.
along 95th South indicates the starting point would have to be on
the South edge of North Dakota, not in the center f the 'street.
Some day that street will be a point in question.v�' The West side of
91st South of Greenburg never dedicated, though shows on the map as
a'40 foot street. The man who owns would like to know if the City
can accept this as a public street; if he can get dedication it can
be removed from the tax rolls. Attorney Anderson was asked to pre-
pare Deed from the map, the owner and his wife to sign.
Mr Bud Kyle stated that South West Grant from Walnut to the play-
ground is just such a street.
Councilman Hanneman reported that Contractor Willock had requested
the City accept his application for the completion of Srnath West
Brookside Place. He was advised to make application to the City.
The County Engineer will assist the` City,by performing the inspectic
Mayor Phillips suggested the following changes in duties of council-
men;
Councilman Woodard: Sanitary facilities, Street lighting,
public utilities & sewer budget.
Councilman Hanneman: Highway, Roads & Parks.
Councilman Sitton: Fire Protection, Police, 'Civil Defense
and Complaints.
Vacancy: Industrial,Commercial, Business, Public Affairs,
Administration and Charter.
Mayor Phillips: Planning S• Zoning, Public Affairs, Adminis-
tration, Industries and Charter.
Regarding a'city 'clerk, Mayor Phillips reported ads had been placed
in local papers and the Oregonian, and employment agencies alerted.
Seven people have been interviewed and is now pinned down to 4 male
applicants. One will be interviewed at the close of this evening'_
meeting.
Nothing further has been heard from Public Utilities Commission re-
garding publication of Tigard 'freight rates.
Mayor Phillips reported Planning b Zoning is moving along. Copy of
the section:concerning R-7 (residential) had been,given ;the council-
men for study, to be returned with individual comments and suggest-
ions.` This evening copies of A-2 (apartments) were given each
Councilman for study, each to return the copies with comments and/or
suggestions. Mayor Phillips pointed out there will be some variance
from the density of population due to the fact that the County;;pro-
visions do not take into consideration the fact that the City of
Tigard area.does have sewage facilities.
Mr VanoG _ sted t� `d" the Council with a sketch and cru t....^`: ap-
proximate cost of the building;proposed for City .Hall, to�be6erected
on the property at 8825 S W Commercial. This information,'if pos-
sible, by Thursday, August 16, 1962.
The matter of membership in the League of Oregon Cities was discusE�. '
Mayor Phillips pointing out the helpful information supplied since
last fall at no cost from"their publications. Councilman Hanneman
MOVED that membership in the League of Oregon Cities be applied for, ;
SECOND by Councilman Woodard, and so VOTED. The clerk was instruct-
ed to proceed with the necessary steps-
8-13-62 , Page 5.
Mayor Phillips requested Attorney Anderson to check into the matter
of a nusiance ordinance, something that would cover the problem of
hedges blocking intersections and causing traffic hazards, property
overgrown with grass and weeds that present a fire hazard, etc. This
brought attention to the fact that we have had no action from the
Tualatin Rural Fire District in'reply to our letter of July 10, 1962,
regarding the property on' Greenburg Road and on South West Grant
where such over-growth creates a definite. fire hazard. This turned
over to Councilman Sitton for folloW-up.
Mayor Phillips presented James N Aitken's letter of resignation from
the Council. Councilman Woodard MOVED Mr Aitken's rebignation be ac-
cepted, SECOND by Councilman Hanneman, and so VOTED.
Attorney Anderson reported he has not yet prepared the meeting pro-
cedure material.
Copy of Ordinance Adop ting, Ratifying and Confirming all Procedures
and Determinations of the former Tigard Sanitary District with re
spact to Johnson Street Sewer Improvement District, Authorizing
Issuance of Bonds Pursuant to the Provisions of The Bancroft Bonding
Acts and Declaring an Emergency, was presented each councilman. The
need for 'immediate adoption of the Ordinance was discussed and Coun-
cilman Woodard MOVED that the ordinance be enacted, that Attorney
Anderson be authorized to fill in the sum determined as final cost,
and the date from which interest accrues on-tie un aid amnt gf as-
sessment, SECOND by Councilman Hanneman, and N 7O ;s AUA—be
coming City of Tigard ordinance No. 62-14
Attorney Anderson to take care of the publication of Notice of Sale
of the Bonds.
Councilman Woodard then presented bills for consideration, and MOVED
that bills totalling $3,421.39 be,paid, and assessment payments and
interest in the amount of $6104.57:be transmitted to the Washington
County Treasurer; SECOND by 'Councilman Sitton, and so VOTED.'
Mayor Phillips requested a special closed meeting at 7:30 P. M. on
Thursday, August:16, 1962, the next regular Council Meeting ;to be
held Monday, August 27, 1962, at 7:30 P.,FI, in the Community Hall.
Councilman Woodard MOVED to adjourn, SECOND by Councilman Sitton,
and approved.
Meeting adjourned at 10:50 P. M.
R � ctfullsubZitted,
Clerkk ✓/2vZ
8-13=,62 Page 6.
TIGARD CITY COUNCIL
Bills presented for payment 8-13-62
General Fund Balance 7-31-62'- - - - - - - - - - - - $2,829.64
Check No.
120 Pearl C Brandon July '62 net salary $274.22
121 Public Employes Ret.Board 21.88
122 U S Bank_Depositary (July Federal Withholding) 52.60
123 Petty Cash (office supplies) 1.43
124 Postmaster (500 4C stamps) 20,00
125 James L Savage (July Accounting Service) 50.00
126 Tigard Water District (office rent) 30.00
127 Tigard Times (Election Publications) 18.37-
128 Washington County Clerk (lists of city voters) 8.98
129 Mrs Roscoe Winters (8-3-62 Election Board) 10.00
130 Mrs Frank Adams " 10.00
131 Mrs Jack Keesling " 10.00
132 Mrs David Martin- 10.00
133 Tigard Times (Ballots) 16.75
134 Valley Publishing (Classified Ad) 2.80
135 West Coast Telephone (office phone & L D calls) 14.67
Total - - - - - - - - - - - - - $551.70
Balance - - - - $2,277.94
Sewacge Disposal Fund Balance 7-31-62 - - - - - - - -$3,503.77
Check No.`.
,. 233 Furniture & Postage _$200.00
234 C E Janoe July 162 net salary < 410.67
235 B J Edward: July 162 net salary: 193.33
236 C E Janoe Truck rent 70.00
237 Public Employes Ret.Board 43.76
238 U S Nat'l Bank Depositary (July Federal W.H.) 61.80
2391 Petty Cash (sewer maintenance) -6.60
240 Janes L Savage (July accounting Service) 50.00
241 Owen F Snyder(Repair. Johnson & McKenzie Streets) '164.50
242`Public Employes Ret.Board (2nd ,Quarter Expense) 1.05
243 Van Waters & Rogers - Plant Maintenance 152.50
244 Mote's July,:Collection fee 13.98
245 Jack Wright (non-owned Atto premium) 22.93
246 Pennsalt Chemical Corp "(Plant Maintenance) 37.50
247 Frahler Electric '(Plant repair) 22.65
248 Tigard Water District (Plant wgter) 22.65
249:Portland General Electric (Plant Electricity) 121.23
250 Northwest Natural Gas (Plant gas) 3.76
251'Portland General Electric (South Sanitary Dist) 25.40
252"Wn.County Treas., ;(So.Sanitary Dist Overdraft) 159.73
253 Tigard Water District(Nalley 's 4-61/6-62 621.87
255 -254 West Coast Telephone (Plant Phone) 25.25
Fetal -
- -
254-V A Bringle - Engineering tests - plant256.80
-Total'... - - - - - - - - - - - -$2,687.96
Balance - - - - - $815.81
page 1.
T I GARD CITY COUNCIL
Bills presented for payment 8-13-62
Cont,
S
ewer Construction Fund Balance 7-31-62 - - - -
Check No. - - - 55,174.61
118"Owen F Snyder (Street repair 90th & 95th)
119 Wn.County Treas. Tohnson area Assessments $48.00
Principal 4,283.94)
Interest 1,011.01) $5,294.95
Total - - - - - - - - - - -$5,342 95
Overdtaft - - - - - - - - $158.34
Street Lighting Balance 7-31-62 -
C ek No. _ - _ - - - - - - - $747.39
104 Portland General ElectricyStreet Lighting)
133.73
Balance - - - - - - $613.66
Improvement Bond Sinking Fund Balance 7-31-62-
Check No. - $995.65
105 Wn.County Treas. Bancroft Bond Assessments
625.08
Balance - - - _ _
- - - - $370.57
Improvement Bond Sinkin Fund Interest -Balance
Check No. a01,9)
105 (In above numbered'check tem 625.08 + 184.54=$809:62) 184.54
Balance - - - - - _ $17•.34
ir-
Page 2.
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