City Council Packet - 11/12/1962 T 1 CF'? R D CITY COUNCIL
MINUTES OF 2-.E TING NCV..t`IB11F 12, 1062.
Those present: Mayor 9Io�:lard, Counc.i.lri,n Cooper; 'Iannemar_;
ileintz; ,il-ton and. r;iaorney lnderson.
yayor ?Voodarc. called the m _.
eatincl to r� r..eat 7:30 P."111%, an,'.
y_ -
a requester: reading of L-he L'.inutes of the reettnr of October
22nd, 1962.
The Minutes of the bTeeti.ng of October 22nc1 were then react.
Payor Woodard: Are there any corrections or cbjections?
Councilman Hanneman: rage 2, last paragraph, first line,
strike out "was", strike out "to" on same line and first'
r-,_
wor4�-second'line'st�i„e out "secure". Line 6 strike our
words "I believe". The sentences will now read: "At the
last meel:ing I requested the presence of I^r. Lind of
Securities Intermountain and. line 6 will now reap;; "closed
is a surprise to the entire Council as we
Mayor Woodard: Are there any other corrections? Hearing
none the 'Minutes will stand approved with the-corrections.
Mayor Woodard: .Does anvone present in the au6.ience wish to
present anythingto Council?
Mr. Rus <11 Struchen of the Betty Kies Realty Company presented
a petit on for the annexation of the 8.23 acres of property,
south of Tigard Street and west of the City limits.
Attorney Anderson: I 'am prepared 'co advise you the procedure;
inasmuch as I understand everyone having an interest in the
land have' petitioned the City to be annexed, the law would
require you to set a Public Hearing, by Ordinance. You fix
a date for that Hearing, at which -time any one opposed to
it could be heard. You have to publish the Notice of the
Hearing in two weekly issues of the paper. After the Hearing
if the Council 'feels so inclined, the Council can declare
that territory so annexed. Is there any time limit?
Mr. Struchen: No particular time limit has been set but we
would like to have it done as soon as possible.
Attorney Anderson: We could;have the Hearing at the December
10th meeting, if we have an:Ordinance through at the :next
meeting. With .your permission I would prepare an Ordinance
setting that Hearing and it could be passed by ;the Council
at the next meeting.
Councilman Heintz: I,move Attorney Anderson be given the
authority to prepare the necessary Ordinance; motion seconded
by Councilman Sitton and unanimously passed by `Council.
Mayor Woodard: I note Mr. Otto,is here, he is requesting a
Zone change from R-7 to A-2.
11-12-62 Page 1.
3
pig
111111111 oil
Attorney Anderson: Since we should ctive him an opportunity
to be heard in connection with that and to explain or answer
any questions,' I-wrote asking him to come to the meeting,
Mr. Otto: We cannot-identify exactly what we want to build;
we wanted to have some idea whether to co ahead.
Mayor Woodard The question was, you had indic2ted buildings
in two places; is it all apartments?
Mr. Otto: Yes.'
Following some questions and answers in the levelopment of -
information with respect to the prospective rise, the area
covered, the access to the property and the road ooing out
to Highway 1`217 and the possible expansion of 90th street
and the question of facilities to protect the children and
play areas, Mr. Otto stated the property is going to be
developed so as to take care of the tenants.
Attorney Anderson expressed if the land is classified as
A-2., Mr. Otto is entited to a permit to construct under
A-2. It should be considered whether this land is better
adapted to A-2 than to R-7; whether it is a public or civic
betterment to have this particular land available for A-2 than
R-7.
Discussion,of the A-2 classification was entered into by
Mayor Woodard,Gouneilmen Hanneman and Sitton.
Mayor Woodard: (Addressing Mr. Otto) The Council will
consider your request and we will advise you of our decision.
Mayor Woodard: We will now hear from Councilman Hanneman:
Councilman Hanneman: The matter of first importance is this
Resolution offering us, through the rState :Agency,IFederal
Aid for this work on the Fanno Creek. The,proposal was
made to the Federal Government to have Fanno Creek cleared by
Federal Grant but these;people ran into difficulty all the
way 'along, ;none of us had sufficient`funds to handle it
The contractor's bids were running high. The last I heard
from the State was to turn it over to the 'Corps of Engineers. `
on my project for Lincoln Avenue, 1 received comment from
one'person and that person states in,their`belief the upper
end of Lincoln Avenue is a County road. Since I have no
proof, I have requested the County to show;proof to the
City ;that it is a;private road: I have not had an answer
from the County as yet. Going,back further on Lincoln
Avenue, you will recall our proposal made to the State to
use our privilege,of ,State Aid to rebuild or improve the
streets in Tigard. Lincoln 'Street was considered accept-
able by the' State.but under the plans what the State
y`y wanted was "a 40 foot wide street with"storm sewer.. There
were some people on Lincoln Avenue too close to ever get a
40 foot street there without damaging their property. I
was notified this,project, Lincoln Avenue, had been cancelled,
by the State.
11-12-62 - Page 2,
Councilman Hanneman: We will try to get the private road
but asfaras State Aid, that is not possible.
Councilman Hanneman;- On the paving of Burnham Avenue, I
had requested the West Coast Telephone Company to assist
us in paving that street. Their figures and ours did not agree
as to their share but inasmuch as we did not notify West
Coast Telephone,prior to doing the work I felt we were in no
position to dispute their figures. Furthermore, they sub-
stantiated their figures by checking with the County Engineer
and State Highway Engineer; even thought their figures were
lower than ours by ,quite `a bit I have decided to accept
theirs. ,They offered us $50.66 in contribution to the City
of Tigard. I will make a motion that we accept that offer
of $50.66 from the West Coast Telephone. Motion seconded
by CouncilmanHeintz and unanimously approved by Council.
Councilman Heintz: What was the whole cost?
Councilman Hanneman: What we were considering there was filling
the ditch, raising the ditch level up to the level of the
street as it existed,prior to our repaving.
Councilman Hanneman: Another matter of work that has been
performed is the ditch here on Commercial Street`_ The bill
is`i., tonight; this bill is lumped with other work from
the contractor and appears in our bills.
We worked this past Saturday and Sunday on the Park.
A notice appeared two consecutive weeks in the Tigard Times
and Tri-City News. The response I got was less than I
expected; only those persons came that had been contacted.
The weather probably prevented others from coming. We worked
a four-hour day each day. We cleared the timber from three-
fourths of the fence line on the north side of the Park.
This work should be done before next Spring; we should have
it cleaned up by, May. I have also been advised by the State
Foresters the majority of the timber has no value and to use
it as we see fit.
I am proposing to purchase an aerial phxu`ograph of
the Park area; this will be of service to our.Architect.
I am having one made for him and one for the City. The
total cost of the two photographs is $7.00. They will be
blown up to a scale of ll" to '200' and will serve our purpose ,
very well. I would like to make a.motion`'that we order two
aerial'photographs at the cost of $7.00, of the Park, ,to be
paid for by the.Park itself. Motion seconded by Councilman
Cooper and.unanimously approved by Council.
I would like to have the Council's consideration
in the purchase of a chain saw for the City. The people
that are willing to come out,,those who have saws, need
their own saws for their own work yet they are willing'i to
bring saws and work for us. There is the thought of course,
that lateronthere will be a"lot of saws for second-hand sale.
't I believe -it wi,l l be Better to purchase a new,......:: bcczLu se
more than one per-on will use the equipment. If we purchase
a good saw':we will have' a guarantee. I want to do some
checking around to find the size and type of saw that will
best server our purpose.`
11-12-62 - Page 3.
Tile Park Fund xeceivecl ;25.00 from the p. S. o.
As far as further clean-up work is concerned, while
I could contractfor it immediately, we do not have that
much money. At any rate the :honey we are going to have to
spend; for "Cat" work is going to come £ror, money that we
would have used to put a road in there next Spring, so I
think I will just let this situation ride from week to week '
throughout the Winter and hope people will respond and come
out ,to work as they can.
Councilman'Cooper: I have here a letter sent to httorney
Anderson in reference to the school children.-- (Letter
was then read.)
There is one other. tiring, I would like to know just
why the Tigard Times does not give the City of Tigard cover-
age on the front page the way it should, you have to co to the
b ack page to get the Tigard candidates. I'mic�ht suggest we
write'a letter asking them why they are down-grading Tigard.
Mayor':Woodard:, Is it compulsory we use the Tigard Times?
Attorney;Anderson: Yes, because the law is explicit on the
issuance of bonds, etc. The view would seem to be this,
that the Tri-City News is neither'printed nor published in
Tigard. There is a'basis for taking the position that the
- Tigard Times is published in Tigard, even though not printed
here. Publishing was felt to be the place'where`you mailea
it, now it is it's home base. So I`would answer you that
anything of a strictly legal nature would more safely be
placed in the TigardTimesthan it would be in the Tri-City
News. We have had that same condition come up with the
schools. on legal matters we are required to use the Tigard
Times...
Councilman Cooper:- I would appreciate it, Mister Mayor,
if we-could°do something.
mayor Woodard: (Addressing Councilman Cooper) Have you
taken up with the 'Auditor in regard to the posting of the ledgers?
Councilman Cooper: Yes,' it has been taken care of.
Councilman Sitton: As of now, :do we have a Nuisance Ordinance?
Attorney Anderson:< You do have a Nuisance Ordinance in effect.
Councilman Sitton: Knauss is still out there beating on the
cars, how do we go about making it effective.
Attorney Anderson: You are speaking in effect of a nuisance
in a different sense than we are in the Ordinance.- What is
being;done there is utilizing property which is unauthorized
by the Zoning ordinance, not by. the Nuisance Ordinance.
Attorney Anderson: I have these two Ordinances on "No
Parking" that Cooncilman`Hanneman asked me to prepare. I
would,like to pass out copies. These of course will riot.be
effectiveimmediately, we cannot make,everything an emergency. '
11-12-62 Page 4.i
I think it is not absolutely necessary to publish them.
The area should be posted. "No Parking By Order of City
Council", By posting it you give notice to the folks who
would be using the area. Thirty days from the time it is
passed it would become effective..
/Motion by'Councilman Hanneman, seconded by Councilman Cooper,
that we accept ordinance 62-21. Unanimously approved by
Council.
Motion by Councilman Hanneman, seconded by Councilman Sitton,
that we accept Ordinance.62-22.' Unanimously approved by
Council.
Attorney Anderson: I have nothing new on the City Park
entrance road; my contemporary has been out of town. The
Bancroft Bonds, the legality has been taken care of and the
bonds have been taken care of.
The matter of the law suits, I think I am making
satisfactory progress on both of them. On the one concerning
the easement, Ihave examined the law and the facts and I
think that things are looking all right. On the other case,
I haven't filed an answer yet, I want to make a thorough
examination of the law. I have done my law work and the next
thing is the best attack. The other matters,, the permit
form, it is not finished but I will try to have it ready for;
the'next time.
Mayor Woodard: I have here a Resolution on the storm damage
to"Fanno Creek. ,I am offering this Resolution for adoption.
Councilman Hanneman: I move the adoption pf this Resolution;
seconded by Councilman Cooper. Unanimously approved by Council.
"RESOL'UTION
WHEREAS, on the-l6th .day of October, 1962, the
President declared a "major disaster" in the State of Oregon,
under the provisions of Public Law 8751 81st Congress, as
amended; and
WHEREAS, the CITY OF TIGARD,' OREGON, is a public
entity within said State;
NOW,, THEREFORE, Be It Resolved, by the CITY COUNCIL
of the CITY OF TIGARD„OREGON,` that the Office of Emergency
Planning be and hereby is requested to arrange to have the
appropriate' Federal Agency perform the following emergency
work essential to the health, ;safety, or welfare of the'people'
and property of this public entity:
Clearance of storm-blown trees and debris
from the channel-of Fanno Creek within the
corporate limits of the City of Tigard, Oregon
This body, certifies that, to the best of its knowledge
and belief, the requested work is eligible ',under :Public Law
875, 81st Congress, as amended.
Passed and approved this 12th day of November, 19620
CITY COUNCIL, CITY OF TIGPRD, OREGON (Signed by)
I Edward A. Woodard, Mayor
Peter W. Heintz, Councilman
Karl P. Hanneman, Councilman
Francis J. 'Cooper, Councilman
George E. .Sitton,`Councilman
11-12-62 - Page 5
i �
C E R T I F"I.0 A T I O N
I, RALPH V. SYMONS, the duly appointer; qualified
and acting CITY CLERK of'thb CITY OF TIGARD, OREGON, do hereby
certify that the above is a true and correct copy of a
resolution passed and approved by the CITY COUNCIL• of the
_t CITY OF TIGAItD, OREGON on the 12th day of November, 1962.
Dated November 12th, 1962
City Clerk (Signed) Ralph V. Symons
CONCURRENCE:
I concur in the request of the CITY OF TIGARD, OREGON,
a public entity under the laws of the State of Oregon. The
governing body has the authority to issue this Resolution.
Governor's Authorized Representative
Date:
Mayor Woodard then read the Report of the City Superintendent.
Mayor Woodard: I want to ask the Council's permission to
place $6000.00 with the Tigard Branch of the United States
National Bank on Time Deposit.
Councilman Sitton: I make the motion that we authorize the
placement of $6,000.00 on Time Deposit with the Tigard Branch
of the United States National Bank; seconded by Councilman
Hanneman and unanimously approved by Council.
Mayor Woodard then read letter from Elden Carter, City Engineer,
in reference to bid of $2,250.00 to the Methodist Church.
Mayor Woodard advised Council that we have sent a bill to James
Wi.11ock for a manhole ring and cover in the amount of 546.93.
He then read a letter from the Tigard Fire Council in reference
to meeting in the Community Center, November 19th, at.7:30 P.M.
Mayor Woodard: Nalley's contract is about due. ; It was for
five years and started in 1957 (this was 'corrected to 1959) .
What I want to do now is think about expanding that plant.
Mr. Carter suggested we have ia meeting with the"State sSanitary
Board, Nalley's, our Council and our Attorney and see what
they are going to do about the plant.
Attorney Anderson: It would:depend' upon when the service
contract runs out. As I understand it, you want to know
what they anticipate by way of load; that can be done any
time but it should be done before the contract expires.
(City Superintendent Janoe reported Nalley's contract was
signed July 15th; 1959 and expires in 1964.)
Councilman Hanneman: On this Caulfield Report; at the next
meeting I would like to have ,the County. Planning Organization
here and take another :look at this,'
Mayor Woodard: We will now take up the Zone change for Mr.
Ben,Otto; any comments; if not I would like to,hear a%motion.
There was 'a short discussion between Mayor Woodard, Councilmen
Cooper and Sitton.
11-12-62 - Page 6.
now
Councilman Heintz: I make the motion that we give the
requested sonechange to Mr. Otto. SeconOeO by Councilman
Hanneman and unanimously approved by Couincil.
Mayor Noodard: I have the r-ouc�a draft of the .:toning Code;
I think-1 am going to turn this over to Councilman Hanneman
and he can take the necessary steps; I imagine we will have
to have a'meeting.
At,this point Attorney Anderson went into some lengthy detail
with the respect to the 3oning Code, quoting from the law,
the steps necessary to proceed with the acceptance of such
a'code, the time limits for publication and enactment and
expressed that "since you have the meeting of the Council
on Monday and no paper is published you must get it punlislied
:within the week in which thee r'*_
i_� is held You matt decide
to dispense with the Commission hearing, you would not necess-
arily have to have this'hearing by the Commission, you could
have the hearing by the Council. This is 'a detailed compre-
hensive Zoning pattern and adapted to Tigard's needs. We
are now traveling under the pre-existing 'Zoning pattern which
covers the whole area of the City."
Councilman Hanneman: I would like to suggest the next regular
meeting.
Mayor Woodard then read the bills.
Upon motion by Councilman Heintz, seconded by Councilman
Hanneman, the bills were ordered approved and paid. Unanimously
approved by Council.
Councilman Hanneman, seconded by Councilman Heintz moved for <
adjournment.
Adjournment taken at 9:40 P. M.
P.espcct lly sul�mtt d:
/ / f /J
L:rtJ1 A4-...:
ATT ty Clerk
MAYOR.
ey"
11-12-62 - Page 7.
,i
OEM
Bills Presented for pa5L"nt November ikLn§ .
GENERAL FUND:
' R. V Symons - Salary Oct. 162 $ 274.20
U. S. National Bank Depositary -Oct. Fed. W.H. 114.40
Public Emp. Retmt. Bd. - Oct. Taxes 34.38
Stevens-Ness Pub. Co. o `City of Tigard.seal 7.50-
H. F. Meyer - Appraisal on old,U.S Nat'l. Bank 100.00'"
Pacific Stationery - Office supplies 2.59"
Tigard Water Diet.- Rent Oct. 162 30.00'
Hillsboro Office Supply Office chair 33-07r
Frederick A. Anderson - Professional services 165.00'
West Coast Telephone 1/2 office 'phone 18.39"
Abbott & L .ad - Office Suppiieea 10.70
(Tigard Times - Charter publication 10/25;62 67.261'
*Tigard Times —Notice of Public hearing on Charter 3,12'$87.14
r (Tigard Times - Notice of election -,10/18-10/25-11/1 16.76,}
Business Assistants Inc. Stencil for City Charter 11.25
SEWAGE DISPOSAL FUNDS
C. E. Janoe Expense-Pollution Control Meeting $ 70.00
C. E. Janos - Salary Oct. 162 426.16
B. J. Edwards --Salary Oct. 162 193.33
C. E. Janos` .1�quipment rental Oct. 162 70.00
Pennsalt Chemical ,Corp, Chlorine 37-50-
West Coast Telephone - ME 9-3650 (Plant)Sept.cOct: 49.50
Embree's Machine Shop - Plant mainte once 4.00
Portland Concrete Products - 3`grade rings 6,00 '
Portland General Electric Electricity 104.69=
~v Northwest Natural Gag Co. -.Gas 80.87'`
Y Frederick A. Anderson - Professional fee 165.00
f Tigard Vater District - Water 26.'30-''+ Mrs. Marvin L. Smith - refund of disconnect fee 25.00
Bob's Sanitary Service Cleaning digester 160.00
N,n;n;Z.:y s, lm_
'-; ROADS-STREETS-PAM-RECREATION FUND:
Nine-T-Nine`Service - Light switch-wire & labor $ 5.20
Tigard Lumber Co. '- Supplies for posting signs 99.20
Washington County Road Dept.,- Street improvements 7904.98
Traffic Safety Supply-Barricades-fiage-flashers
& signs 365.53
LIGHTING FUPDr
Portland General Electric - District #1 $ 150.01
" Portland General Electric - District #2 144.85
BANCROFT #2;FUNDs
Lena Delpianche - County'Treasurer - To redeem
warrants of Tigard Sanitary Dist. #2 $ 29,693.16
s Tigard Time - Notice of bond sale 8/23-8/30-9/6/62 31.12 ''
Fredericbk A. Anderson -'Prof. fees for bond sale 500.001"
Shuler, Sayre, Winfree & Rankin - Prof. fees on
bond proceedings 250.00
SEWER CONSTRUCT301 :FTJITD,a
MM .Owen Snyder 100,00
A
FRrDERICK A. AfVDFRSON
€ ATYORNwY AT L..+..W
,t
12033 5..W PACIFIC. HIGHWAY
\ P. O. MC)X 6406, TIGARD. OREGON
M6fACVMY 9.1121
October 23, 1962
Mr. Delbert Fennell
Superintendes3t, U.s.S.Dist.#2
13137 S W. Pacific Righuny
Tigard 23 Oregon
Mr. Derwin Shinn
Principal, Fowler Jr.Ri,gh,School
Tigard 23, Oregon
Dear Deb and Darr
The City Council of Tigard at its meeting last even-
ing requested that I act as scribe in bringing to your atten-
ti�n� t69® D9�awo es@ iS'a°Psa" of t3. P,..+.�...1 9 t...... F..., -I--
4-- v80 at h-03 V�./LHt-c"I YHQimbe s i oncer-..j a L.LSB
extre=e hazard to students of Fowler Righ School in crossing
Righway 99W in the vicinity of the school building.
It was noted that many of the students cross' the four-
lane highway in front of the schoolhouce, both in the morning
and eve and perhaps at noon recess as well, rather than
utilizing Re pedestrian traffic controls and marked cross-
ualk a few yards northeasterly from the school grounds. The
c0uncilmn felt that this was extremly�r hazardous procedure
on the part of the students and
serious bodily injury, could foreseabl'y lead to
'
The thought was expressed that perhaps the school ad-
ministration ,ld care to emphasize to the studente ,at an
assembly this reason for the traffic controls and, pedestrian
cross-walk, and request the atudgmts for their own saffety, to
utilize these. safeguards and discontimse the practice of
random crossing of this busy thoroughfare.;
Very truly: yours,
, e r
A. rson
FAd•cb
x
/cc: Ralph Syms, City Clerk