City Council Packet - 09/10/1962 TIGARD CITY C O U N C,I L
MINUTES OF MEETING, SEPTEMBER 10, 1962
Those present: Mayor Phillips, Councilmen Hanneman, Sitton,
Cooper. Woodard and Attorney Anderson.
Mayor. Phillips called the meeting to order at 7:.30 P. N. and
requested reading of the Minutes of the meetingof August 27, -
1962
Minutes of the meeting were then read.
Mayor Phillips asked for questions or corrections to the minutes.
Councilman Woodard requested permission to strike out'completely
paragraph 2 on page 3, stating he would make a new iaoLLion in
respect to permits, at this meeting Permission granted.
The Minutes were then approved as correci:ed.
Mayor Phillips trien noted the presence of many citizens and
expressed the Council's pleasure in their appearance.
Mayor Phillips: The following Zone changes are to be acted upon
at this meeting. The first is from Ray McCracken, 12450 S. W.
Grant, for a change from R-7 (Residential) to A-2 (Apartments) .
Councilman Woodard moved, that Attorney Anderson prepare an
Ordinance indicating this Zone change from R-7 (Residential) to
A-2 (Apartments): Motion seconded by Councilman Hanneman and
unanimously approved.
Mayor Phillips: A 'Zone change for two lots, the lots located
between S. W. Grant and S W. Watkins on Walnut, the legal
description being North Tigardville Addition, Lots 2 and 3,
Amended, from R-7 (Residential) to A-2 (Apartments)
Mayor Phillips: We have two letters relative to this Zone change,
one from Mr. L. A. Webb and the other a petition or protest on
this change, signed by a number of citizens.' I will read these
letters. (Mayor Phillips then read the letter from Mr. Webb and
also the formal protest, reading the signatures.)
Following Mr.;Webb's lead, citizens present protested the Zone
change, setting forth their objections. Mayor Phillips was
questioned whether "there were available facilities to investi-
gate such situations. Mayor Phillips replied such 'proper'methods
and professional advice is available in this:as well as other
situations.
Mayor Phillips at this point thanked the citizens for their interest
µ in coming before Council and stated, "we believe we now have
. - enough information to enable Council to make -a decision. We will
certainly take the complaints into consideration before arriving
at our decision"
9-10-62 Page 1.
Mayor Phillips: At this time we do not wish to make'a decision
but we will do so and notify all those concerned, Mayor Phillips
stated Council seeks professional advice where necessary.
Mayor Phillips stated, there is other business to be considered
by Council but if the citizens do not wish to stay they would
be excused with the thanks of Council.
Mr. L. A. Webb brought up a complaint regarding dogs running
loose in the City and thought there should be an Ordinance "
restricting dogs.
Mayor Phillips stated, at the present time we have no personnel
to take care of such required enforcement of an Ordinance.
Various other nuisances have been brought to our attention but
we have no way to control them at this time. our facilities are
limited as to financial and personnel.
Question by Mr. Page in reference to sewer to Garrett Avenue was
_ answered by City Superintendent Janoe who stated, this was involved
in the annexation and when the Incorporation came up, the entire
matter was then referred to Attorney Wheelock. He further stated
he had several requests and would follow through with Mr. Wheelock
and that he would discuss this with Mr. Carter and try to get an
estimtte of the cost.
Mr. Kyle, President of then Junior Chamber of Commerce asked the
City Fathers for approval and endorsement of their program on
September 29, which is to be in celebration of the incorporation
as'a City. ,'There is to be a parade starting at 2 P. M., ending
at Tigard (Fowler) Junion High School and topped off with a dance
in the evening. It is planned to have Senators Morse and.Unander.
here. The'Alpenrose'--Dairy and:various other organizations have
been asked for their cooperation. ;!:oat the Chamber requests, :is
a Proclamation setting aside September 29 as a day of celebration.
Mayor Phillips: I think the Council "can draw .up ;a Proclamation.
Mr. Kvle presented a complaint about the condition of the area
on S. W. Grant, west of Walnut Avenue to the Elementary,School
line.. Councilman Hanneman answered, ;that private street repair
would require one-.half of such cost be borne by the property
owners.
Mayor Phillips: Since the hour is 8:00 P. M., the time set for
opening of bids for the 'sale of $31,864.10, face value General
Obligation Improvement Bonds of the city, Mayor Phillips, opened
all 'bids received ,to that timeandpublicly read them at the
meeting. Two bids only were submitted, those of the First
National Bank of Oregon,,;and the United States National Bank of
Portland, each offering to purchase the entire issue as 'follows:
1. 'Bid of the First National Bank of Ordgon dated
September 10, 1962 offering to purchase all but no
part of the $31,864.10'issue to be dated, November
1, 1962 and to mature as in-the notice of sale set
forth, at'a uniform xaka interest rate of 3-1/2%;
the bonds to be purchased at the rate of $100.39 for
each $200.00 par value, plus interest from November
1„1962 to date of delivery, with a total interest
cost of $5,190.97 and effective interest rate of 3.418167%.
9-10-62 Pace 2.
2. Bid of the United States National Bank of Portland
dated September 7, 1962 offering to purchase the $31,864.10
issue to be dated November 1, 1962. and.to mature.as in
the notice of sale set forth, at a uniform interest rate
of 3-1/2%7 the bonds to he'purchased ai: the rate of
$100.29 each $100.00 par value, plus interest from
November 1, 1962 to date of delivery, with a total interest
cost of. $5,222.83, or an effective interest rate of
3.4391%.
After some discussion, on motion made by Councilman Woodard and
seconded by Councilman Cooper, and unanimously passed by the
Council, the bid of the First National Bank of Oregon dated-
September 10, 1962 was duly accepted, and the City Attorney
was authorized and directed.to give notice of acceptance to the
successful bidder, and to return the bid deposit to the un-
successful bidder; said motion further,provided that the City
Clerk and Attorney were authorized and directed to take all
steps necessary to have the`bonds prepared for, delivery on or
prior to November 1, 1962 and to obtain approval of the proceed-
ings through the office of Shuler, Sayre, Winfree and Rankin,
Attorneys, Portland, Oregon.
Discussion was held concerning the need for confirming the previous
designation of Edward Woodard as City Treasurer., and on motion
made byCouncilmanHanneman, seconded by Councilman Sitton, and
- unanimously,passed by the Council, Edward Woodard was designated
to act in all respects as City Treasurer during the remainder
of his term of office.
Mr. L. A. Webb expressed objection to the condi.tion of the
School grounds at the Tigard School property and stated he felt
something should be done about the condition to avoid the
possibility of injuries to persons using that property.
Councilman Woodard stated he would arrange & CitySuperintendent
Janoe `to view the property and endeavor to determine what could'
be done.
Attorney Anderson expressed he had checked with the State
Industrial Accident commission in the matter of arc flashes
caused by electric welding apparatus at Irvington Machine and
they stated they had no jurisdiction.
Attorney Anderson then presented copies of an Ordinance to
the Council„for their perusal,'covering and defining nuisances
and providing for their abatement and prescribing penalties and
since it was' a rather involved matter, he felt the Councilmen
should look it over and consider it at a later meeting.
Attoahry Anderson said he has three ordinances now available
for the Zone;changes that were;passed upon at various meetings.
Further, that he was requested to prepare an Ordinance as an amend-
ment to a present ordinance regarding plumbing; since it,is rather
involved and has to include a great many other things, he would
presume to have it at the next meeting but, in the meantime,
if desired, it would be possible for Councilmen to read the rough
draft at his office.
9-10-62 Page 3.
mammr— IBM
Councilman Woodard moved, zinconded„bv Councilman Cooper, that
Attorney Anderson should reply to the letter with respect to
the easement in the Johnson area. Unanimously passed by Council.
Councilman Woodard stated'insurance checks were being held
pending a reduction or for refund from Jack,Wright and Associates
abd since they had been held for such a long time, requested of
Attorney Anderson whether it would be satisfactory to send the
checks with a'letter stating they were being paid subject to the
refund at the time the reduction was effected by the Insurance
Company Agents.
Attorney Anderson suggested it would be all right.
Mayor Phillips: We have three Ordinances relative to Zone changes.
Ordinance 62-15, which is zone change of 8825 S. W. Commercial
Street from A-2 (multiple Family) to C-2 (General Commercial)
Councilman Woodard moved, seconded by Councilman Cooper, for the
acceptance of the Ordinance. Unanimously passed by Council.
Mayor Phillips: The next one is Ordinance 62-16, property known
as 9460 S. W. Tigard Street, zoned for R-7 (Single Family
Residential) to be reclassified as A-2 (Apartment residential
District) .
Councilman Woodard moved, seconded by Councilman Sitton, for the
acceptance of the`Ordinance. Unanimously passed by Council.
Mayor Phillips: The next one is Ordinance 62-17. We now learn
this request for Zone change has been withdrawn so there will
be no required action on this Ordinance.
Councilman Woodard: In respect to paragraph 2 page 3 of the
Minutes of the meeting of August 27th, I would re-state my
motion; I move that all permits`, irrespective of the purpose,
after approval by the Councilman in Charge, shall be issued
;by the City Superintendent, Mr.'Janoe Seconded by Councilman
Hanneman and unanimously passed;by Council. '
Councilman Woodard explained he'felt since we have one person to
follow up on`the permits, he should issue them and`would`'be
immediately familiar with them.
Councilman Woodard suggested that while Councilman Cooper was
to prepare the City Charter, it was a'big job and in order to
expedite the;;preparation he thought the Councilmen could all
help by getting together and going over it, if necessary;
paragraph by paragraph, and iron out any questions.
Councilman Woodard brought to the-attention of Council the
many times the light has been broken down.the railroad track
at the lift station. There was some discussion but no action
�ane.'
There was some discussion between Mayor Phillips and Councilman
Woodard regarding the gas company's activity on the Elliott place
9-10-62 Page 4.
and Superintendent Janoe was asked to look into the matter..
Councilman Hanneman stated the City has ordered the first lot
of signs and read-a letter with respect to them and then detailed
where some of them were to be placed and explained those,locations
where there might be a'question of jurisdiction by The Court.
Councilman Hanneman then discussed the private street work and
the cooperation which'would be required by property owners on
such thorofares.
There was some discussion by some of the citizens present with
respect to various streets and the work which might be needed
to be done at this time. Remarks were made with reference to
cpoedirg and ocher traffic violations and Councilman Hanneman
voiced some opinions with respect to violations. Councilman
Sitton felt a great deal of trouble could be alleviated if we
had a Police Department.
The standardizing of map sizes was reviewed between Councilmen
Hanneman, Woodard, Mayor Phillips and Superintendent Jance.
It was also thought well to start a numbering system of maps and
drawings.
Councilman Hanneman spoke about several requests made regarding
paving of Main Street, the north end as far as the State jurisdic-
tion; that Mr. Janoe had attended a'meeting with the Tigard
Development Corporation. : There had been some talk with Mr.
Huntley who was called to Tigard to discuss the matter.
Councilman Hanneman advised Council of severallettershe had
prepared and mailed and outlined the purposes of each.
Councilman Sitton: 'On the complaint about the horses, I wrote
a letter and will 'see what they will do to cooperate. Those
matters Mr. Woodard,gave me, I will follow up. On the Fire
Department, I' hope to have a verbal report to give to the Council
as to'what progress%has been made, if any. On the body shop, it
may be true they are having unwelcome>people'in there; we are
continually getting;complaints, in this one instance they;had
six children, each'under school age.
Councilman Woodard and Councilman Sitton discussed the complaint
of Mrs.' Wagner and-Codncilman Sitton suggested the placing of
the to take 'care of the water running across the property. Mayor
Phillips asked if it would be possible to get them;to write a
letter for the record and Councilman Sitton said he was trying to
get them to do it.
Councilman Cooper stated the Charter is quite a job to get worked
out and thought Mr. Woodard's suggestion very good. Mayor
Phillips, Councilmen Cooperfland Hanneman discussed means of
getting together in accordance with Councilman Woodard's
_- --
auyyGsti.oii a3iu a satisfactory conclusion as to meeting date
was then set up.
9-10-62 Page 5.
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11 lip, ;IIIIII I-
Mavor Phillips said he would like Councilman Cooper to check
with the City Clerk regarding the activities of Mr. Savaae and
arrive at some conclusion as to the Auditor's services.
Mayor Phillips requested Councilman Cooper to check into the
length of employment of Mrs. Brandon, to arrive at a solution
as to vacation or termination pay.
There was general discussion, entered into by Mayor Phillips,
Councilmen Cooper, Hanneman, Floodard and several of the citizen
audience, on various subjects, such as light:incg and placing of,
speed signs. Councilman Woodard remarked t_ie excellent- cooperation
he has been receiving in connection with voluntary donations
for the continuance of tiie lights.
Mayor Phillips: Tinder Planning and Zoninq; we nave a Zone change
coming up at our October Sth meeting, being from R-7 (Residential)
to C-2 (General Commercial) at 12535 S. W. Grant Street, between
Johnson and McKenzie, belonging to Mr. J. C. Hutchins. This will
be for fueling and lubrication of buses. Ile proposes to run
the buses up and service them and run them out.
Mayor Phillips raised the question of,the agreement to be entered
into between the City of Tigard and the Planning and Zoning Board
with respect to the charge for the services of the Advisor, an
amount of $550.00 having been budgeted land which amounted to
300 per capita. lie further stated the County Court has donated
$2500.00 toward these services, that his time will be available
to the City of Tigard pro-rata of his time. Mayor Phillips
requested approval to signthe agreement and after. explanation
-
of the agreement and the available time,- the'Council unanimously
agreed to the signing of the agreement by Mayor Phillips.
Mayor Phillips then brought forward the question of Mr. h'bck's
requirement of a variance from the Planning and Zoning Code in
that 25 feet is the required distance between' adjacent building
lines whereas he had only 22 feet and in letter from adjoining
property owners there was no objection to t`7is distance.
Councilman Woodard then moved, on the strength of this letter we
allow Mr. Klock to proceed with the build.irg i-ith a depth of 22
feet; seconded by Councilman Cooper and so voted.
Mayor Phillips: We have an application from Mr. L. R. Barris;
trailer salesman, to;place: a trailer between the Safeway store
and the Warner property. Because of Mr' Harris' phvsical
condition, he would conduct his office from ' is home in this
trailer. This would be termed a'hardship case. He is willing to
pay the $250.00 sewer connection fee. Planning and Zoninct's
stand is, in the case of a particular individual such . this,
a temporary permit for six months, subject to renewal could be
given at a.cost Of $2.50 for six months, however a special
permit will be required from the city of Tigard.
E
Councilman Woodard: ' If the Planning and Zoning Board does not
objection, I do not see that we should'object.
9-10-62 Page 6.
Councilman Cooper: I move we grant this gentleman a temporary
permit, renewable in six months. Seconded. by Councilman Woodard
and unanimouslypassed by Council.
I•iayor Phillips then spoke about forms of permits for the various
utility companies and the charges and distribution of them. and
subsequently submitted sample forms to Councilman Woodard who
would then see Councilmen Cooper and Hanneman should 'get them and
study them and arrive at'their. conclusions.
There was further discussion on the size of drawings and maps
and it was suggested minimum size 18" x 24", maximum size
24" x. 36
Mayor Phillips then requested a closed meeting of Council for
next Monday night, September i7th and stated the next-r4gular
Council meeting will be September 24, 1962.
At this time the request for the Zone change at the property
between S. W. Grant and S. W. Watkins was brought before the
Council and Councilman Woodard moved, seconded by Councilman
Sitton, that we refuse to grant the Zone change and to so notify
all parties concerned. Unanimously,approved by Council. The
City,Clerk has given the proper advice to all parties at interest.
Mayor Phillips: At this time we should have the reading of the
bills.
Councilman Woodard read the bills and the following were requested
corrected: Check #111 should be transferred from the Road Fund
to the Sanitary Fund and 0112 transferred to the,Assessment Fuhd.
Check #144 should be cancelled and reissued in the amount of
$30.00 for August rent.
Councilman Hanneman moved, seconded by Councilmanc-- Cooper, to
pay the bills as corrected. Unanimously approved by Council.
At this time, 11:20 P. M., Councilman Woodard moved, seconded by
Councilman Cooper, for adjournment. Unanimously passed.
MR
RespectfuXl_y submitt d:
city ;Clerk(?
9-10-62 Page'7
TIGARD CITY COUNCIL
Bills presented for payment 9-10-62
Sewage Disposal Fund Balance 8-31-62 $4,749,24
Check No.
256 Tigard Water District-Refund account
State Welfare check $ 2,50
SS + 257 C. E. Janoe Aug. '62 Net salary 410.55
AS 258 B. J. Edwards Aug, '62 Net salary 193.29
259 Public Emplovees' Ret. Board 70.70
♦ 260 Pearl C. Brandon Aug. '62 Net salary 274.20
261'R. V. Symons Aug. '62 Net salary - 63.07
262 C. E. Janoe Aug. '62 truck rent 70.00
263 Harold Shepperd - Refund account over
- payment sewer service 4.00
264 - U. S. National Bank Depository-
(Aug._'62 Federal Withholding) 126.70
265 Mote's Pharmacy /Aug. '62 Collection fee 9.18
266 Coast-to-Coast Stores - Plant gNpense. 1..01
267 Tigard Water District - Plant-Water 26.55
268 Tidwell Sales & Rental - Plant`expense 11.25
269 Tigard Lumber Co. - Plant upkeep 6.55
270 Portland General Electric- Aug. 162
charges 114.17.
271 Northwest Natural Gas Co.` - Aug. '62
plant-gas charge 48.98
272 James L. Savage 1/2 Prof. Ser. Aug. '62 50.00
Total - - - - - - - 1,482:65
Balance - - - -..$3"2 6,6e
Street Lighting Balance 8-31-62 $ 613:66
Check No.
106 Portland GeneralElectric - Street lighting charges
$ 96.60
107 Portland General' Electric Street lighting
charges - District #1 89.64
Total - - - - - 7 - - - 186:24
Balance - - `$ 427.42
Roads and Parks Fund' Balance Aug. 31, 1962 $9,549.50
Check No.
108 Owen F. Snyder - Street repairs $ 18.75
109 Barbara Wilcox, ,County;Commissioner
' -
Maps &Survey copies 1.65
110 Tigard Lumber Co. - Street repairs - 6.37
2�a dtrstr-ia-l....�rvn-Wks': —""Maiihale"ext. ^�C
Road Fund 399.30
112 Mrs'. E. B. Goodnight - Refund account over-
payment assessment 16.10
Total - - - - - - - - 442.17
Balance' - - - - - -$9,107.33
Page 1.
TIGARD CITY- COUNCIL
Lills'presented for_.Ea Ment 9-19-62
General Fund Balance 8-31-62 $7,155.55
Check No.
136 League of Oregon Cities $121.43
+137 International Conf. of Bld'g.Officials - 9.50
138 To repay check #233 on Sewage Disp. Fund 180.00
139 To repay check #252 on Sewage Disp. Fund 159.73 `, r
-+140 Cash - to repay petty cash 8.99
"+ 141 Pacific Stationery - Office supplies !.; 3.36
142 Abbott & Lind - Office__supplies 6.58
k143 The Oregonian - Classified add.(Offioe Exp.) 3.30
•- 144 Tigard--Water--•Dis.t...July &-Aug: rent -60-00
` X145 Frederic', A. Anderson - Prof. services 75.00 •
,= j+146 International'Conf. of BLDG. Officials 2.00`:
147 Tigard Times - Election expense 17.31
148 James L. Savage - 1/2 Prof_. Services for
IAugust 1962 ------50.00
Total - - - - - -:
_j_&97 20
a, Balance - - 6i458.35
Page 2.,
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