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City Council Packet - 11/26/1962 r T i C _o, C I T Y C ` U, ,y C i 11 1T:` OI' cf F'iT'. 2u 1 __- _._. iJStC 1 c n -.P.3-, Cnonr i lr-xn unal.lc to mien'. i'ayo., h:oocar,7 call of tie r eetinc- to or0er at 20 P. s race*esi-.ed r:ea_.lnr of r.n�a k:x.ntai_ of ,ae r'e �]nc of inute_. of L,,._ _ e^ .nc .'170 en _ Iia Tot ,loocla , _Are f i^.. an- <or ,..; ox _- c. _,ins Hear i nr pion_, a. 'ec. -iie "'inu_es -, x.r,�,: a s _.a :Mayor ..00c:a. zen r?.cec.z ons �e viii nce -'-• T-, at _ Perr'ne oti t:e 1rorL-l.an.I cencra.1 uleccriu C any o he Council. .Ir. re ci.nc: TIonorahle a or an' Ci C;:7unr;.1; e ent e.re�' into pr-l,_minary= contact i, _ _ the Ci.t_;. f T_Jc ar + ane wnre author zec?. , t'le CiLy Cornc it Co r _L.Lr, .s i .n r e` 14,cuits anoi chancTe zirours' nevhat, _'_,e :rce .L1c, i w%LY.-.n the eorrorate 1.'nits of the Cit; . '7e'Oid three ' ii.r_c,s, .,c i.n :a.11e' nine (9) ".nnn lumens mercury vapor street. lig'.Zts. We i.n.stalle, nine (9) of: ..ose _-'ro, ',-,ne rai.lroac traC?[s on lain Street, soui:.1a nt_ the -junction of *,ain Street arcs I3ic,away 9c). Then we %raps- errec' ei.o'ht. (2) 20,000 lumens x ,xi:,a3 ,_.1 i on "nin `'own anr. mounted them on our poles over liere on Cer^mer_i.al Street, filling the c;ap from Main clear town to -.1ic way '-:217. Then,,-I.n the-course of the same contra^.t we chanc;ec, over fron, the other contract, ro.-:r (,:) 20,000 mercury vapor liq xts clown at the south ens3 o fain, which . were on the east site or rain Street ani. also one 2.0,000 liglii, on P.urnham .trees- ;us t ofi. I��a__n. Althou�.-,h we 1-iad. the contract apy rove-1and leiter of autheriaation'was written ror us to Ao chis work an% al- thouch we have ,ieen bi:lli nc; the City each month'on this contract- we never actually had a foXmal contract sicned by the City. Recently I received a set: of five copies of the formal contract to be sicnea,by the City." I took them over to your City Attorney 'for his perusal ani I since rot the cot)ies back froma him; now he has four copies. Conic:ht' I wanted to coxae before you and ask these be formalize' and signed. In the meantime, since those contract4, I have taken out'Mayor Woodard, in my car and we made a brief run to see that all the lights spoken of in the contract were, in effect,' there and that is .the reason I vm, appearing be- fore you tonight`. Aiayor Woodard: Do you find the contract O. R.? 11-26-62 - Page 1. NEW- Attornev 'Anderson: The contracts, I assume, are ?.n the usual form, for this type o`' service. They are <latod June 29, 1962 and ru,._for .five years, until 1967, 0� course, 'the only Prob- lem is the funds wherewith to pay the tariff ane.' if we are not assured you are croing-to have the funds '_O r;ay, then, of course if you sign this you will not be able to turn off the lic:iits; so we ought to.have provision in ;here, snbect to available funds. This would commit you to pay each and every months. I don't know What your situation would be, if-j=ou were unable to finance them. Mr. Perrino: I am not sure of my ground, whether we should turn them off or what we should do; it was thought of course, I presume you mean Just for this year, this is an additional problems Attorney Anderson: Yes, for this year. I presume because of the tax base this should be coverer:.. As I see this con- tract it would commit the City to pay whether or no ;fou have anv funds. The law says, no public officer should spend funds other than those available. I have run .into the same problem in a different sphere. P7e could write in here as to 1962-1963 fiscal year - subject to available funds; then if you should run out of funds; that is a possibility is -it not? A'.avor Woodard: Thioudb FebruarS�; we have enough in District ,2 to carry it on through. Attorney Anderson: This would cover all the lights? Mr. Perrine: Schedule 91, all the lights in this contract. Mayor Woodard: We have funds for the other one but not funds for this new one, only'through February so far. We don't know; that's something we will have to wait and see if he gets other money. There would be March, April, Nav, June and July, five months we have no money for, around $1100.00 we haven't got funds for right now. Attorney Anderson: It would only be for service through Junes Mayor Woodard: What is left is supposed to be in number 1 District. That is why I. say number 1 has to pay ,this contract and part of the other one,that' belongs to number '1 District. Number 2 pays about $60.00 and:number 1 pays about $200.00. Attorney Anderson: Do you feel that there would be any seal objection on the part of your company, to have i'c=stipulated this being this year only, as to available funds?' Mr. Perrine: We can't help the situation. Attorney Anderson: If there are no funds you are not going to be paid, of course they can shut them off; 'Iguess you don't have any choice. I would suggest, in the billing;and payment, 11-26-62 - page 2.' that we merely add to that as to 1962, this fiscal year, this contract shall bind theCityonly to the extent of available funds. If they let the lights burn they are incurring'the hill no matter what the contract says, then you would have a choice to turn them off with that provision in these'.. With that change I would see no objection to your approving it. You have checker the installation,and poles and so forth. You can y motion modify as indicated. Councilman Cooper: what seems to be the "bottlenec?c" Mayor Woodard; We can"t collect it from,the people along street; some won't even pay a dime, I don't know how many. They haven't contacted them all again, I think they have all hcc n once, they had. enough men out. Councilman Cooper: I suggest that we watch this close; when the,funds run out-wc should 'urn them off. Mayor Woodard: I would like to hear a motion made on 'phis contract with the understanding it will be 'typed in there that it is not binding us to anything after the particular funds we have collected have run out. Attorney Anderson: To the extent of available funds only. Councilman Hanneman: I move weaccept the contract as so amended. ` Seconded by Councilman Cooper and. unanimously approved by Council. Attorney Anderson: This contract is ratified' as of June 29, 1962. Mayor Woodard: From the railroad track south to the Highway and also on Commercial Street. Attorney Anderson: Do you have any objection to changing, that to July 1st? Mayor Woodard: That would be the beginning of the fiscal year. Mr. Perrine: It sounds logical to hie. Mayor Woodard: Any other comments from the floor? Councilman Hanneman: I would like to suggest a motion to authorize an account at the First National Bank to receive the ;funds underthe, title of "Lincoln Street Improvement Funds". Councilman'Cooper: I will make a motion to that effect, that we set up the account as suggested. Councilman Si.tton seconded 4rthe motion. Unanimously passed by,'Council. ` Councilman Hanneman: I"received a check from the West Coast 11-26-62 - Page 3. Telephone for .,50,(,6 for the roques ed assistance in repaving BurnhamAvenue, I believe that has '-leen (.,.;os.i.ter i.o rile ::oar! Fund, On S. W. 91st, a private l.rce'.:, have .:.ac0 some progress :in getting ad.'iti-)nal richt-of-way ec'.iratec' to the Citv. Mr.. Lawrence Henr- contacted re a wae]c ac -d I? ,., _ is anxious to dedicate 20 fees, 'to tile City. This waulrl i-over about Half the'lenrthEoi 91st, making it then a. 40 foot t✓j.t:ie street. I sucfoest.;x contactour %1`torney to COT_", ete the transaction and-c.ec'icat on of that amount. idayor ;:ooclard. and I talked Co I<'_ Sweek, at the opposite end of 91st:'last weel, an% he verbally agree,', t;o c'edicate 20 feet along; his property front to the Cita, with the condition on 1 owv,;e_ .1-hat only 10 feet of that prop e l -,ou o t,F, used by the 3�7cYr-y for as ton as his house romai ns t.nere it is. Twnnty feet . 0u1 cut into nr co veru close to idle front and it would be pl�sically impossible to use .he 20 rear. butallowsthe City to use l0 feet. we have not been able to contact Mr, Keesling Sart have verbal information he is willing to, dedicate at least 10 feet to the Citv and when he sees the benefits he will be Willing to Oedi.cate more tnan,,.10 f het. If we can get it we will have a two way street. -fie-eStr 0111<7 act 30 feet at this time, it would require only a one way approach, at l-ast we talked about getting 20 feet for future use. to Vu7: ct i.. L,l }-,irk; 2 have requested assistance front. the State Farm Forester at Fore t Grove to come- out and look at our timl7er c a,r.a.c e and ac.vise Lis what to do o✓ith i L c how soon .it should 'c:e done and I firmly believe that we c,,ill bene-1--it in having the chain saw for use at the Park.- The local supplier has a Pioneer and inasmuch as he is a local supplier and has the parts in service I prefer to purchase tiie saw from ha.1, t;a.son Supply. We can: get;a 24" blade For $164.50. It has a guarantee ane he has Offered to instruct one authorized:.person in the use of the saw and also take care of it ane, creek it over after it has been used a short time. I would like to request a mo'cion that we purc:zase this Pioneer chain saw,` funds to be drawn from the Parc Ftxnd in the amountof '$164.50. Councilman Cooper: In:view of the job that has to be cone the only thing we can do is purchase it, I make ;a motion that Councilman Hanneman be given permission to secure the 'saw for the Park. =Councilman Sitton:' I will second that motion. Motion then unanimously carried by Council. At this point Councilman Hanneman spoke at some length and in detail about fixing up the City map by inselrb.na the :zoning' data. The discussion was joined by fyiayor Woodard- and both Councilman Hanneman and Mavor Woodard talked with Mr. .Lawrence Bissett regarding map details and since Council- man Banneman's project to r@vise the City map to show the zones �r e✓ould. in olve an expense of about $10.00, he was authorized to Ew go ahead and proceed lsince the expenditure of this amount diel not require any special action by Council. 11-26-62 -`Page 4. Councilman Cooper: I haven't much to report. What did you find out in talking to the ,Tigard Times? Mayor Woodard: I thin% lie understands we would like better coverage. Councilman Sitton: T have nothing to report except I did investigate the question of the ditches; the-;7 were outsiQe of the City; there was noth"no we eculd do about it. Attorney Anderson: Well I have,an Ordinance =,,ou authorized me to prepare with respect to the Tigard Plaza,lanels. This contains tiletdeseription given me by Mr. Otto and I believe it conforms to the land. Mayor Woodard: We have an Ordinance number 62-23, "Cranti.nc a zoning change with respect to lands of Ticiard ShoppJ.n, Plaza, Inc., in the Southeast Quarter of Section 35, T i 5, R 1 W, W.Y. , Washington County, Oregon." This is the one we spoke about at the last meetinc;. I would line to hear a motion on accepting this ordinance. Councilman hanneman moved for the acceptance of-Ordnance 62-23; motion seconded by Councilman Cooper and unanimously accepted by Council: Attorney Anderson: In order to incorporate in the City Records the results of the last election, I prepared a Resolution setting forth those results and I have a cer- tificate from ertificate'from the County Clerk setting forth these results and I-prepared a Resolution that should be incorporated it the Minutes of the Ckty for posterity, both as to tine candidates and the measures. Hayor Woodard: We have before us a Resolution 6eelarinc, the results of the recent election, we are open fora notion for it's adoption. Councilman Iianneman: I will make the motion we adopt this Resolution setting forth the records of the election. aotion seconded by Councilman Sitton. Unanimously approves by Council. "RESOLUTIONS Or TIM CITY COUNCIL .Declaring results of Election WHEREAS, there was referred to the legal voters of the City of Tigard, Oregon, at the general election of November 6, 1962, the following proposition: "Shall the City of Tigard establish a ta:, base in the sum of $15,000.00, there being no present tax base? 1-f3EREAS, an abstract of votes certified by the County Cleric of Washington County, Oregon shoes that of a total of 6,15 -votes, 30S votes �.jera cast ., f icand-- 257 votes were cast in opposition, and that,LLtherefore, ,the measure was duly passed. WHEREAS, there was referred to the legal voters of the City of Tigard, Oregon, at ,the general elect n'iof 11-26-G2 - Pace S_ DT:)vember 6, 1962, the followinc proposition: "Shall the City of Ti^_ard; Grecon, ac'o1-f a charter with prov :sii ns for 'Vayor-Council _'orni of cover'- . -aient and to provit9e- _o_ t11e 'se of author:Lty over matter. , of municipal local'concern"" t".IILl .,15, an abstract; of votes certifier' 1; the County Clerl: of Washincton County,, Grecrrn shoc•rs =hat of a total of 631 votes, 4:56 votes sere cas.. __n favor, ani:- 3.75 votes were cast in opposition, and that, �.:iiCYe3'.^r.., tile measure Svcs duly.'.passed. MTD, ?ViIEREAS, the.following canrli_atec for the offices of City Councilmen received the following vo,-es re- corded opposite each of their names: ` Edward A. i•ioo-ard _0 Floyd H. Bergmann ,40 Norman E Johnson 345 F. Wesley VcMullen 304 Peter Heintz 273 Cyrus' R. Knight 270 Albert IIoffa2fll 1 And by force of statute the two candidates receiving the highest. number of votes are deemed- to be elected for a four-year term, and the candidate receivinc, the third highest - for-a two-year term, NO[-7, THEREFORE, BE IT RESOLVED, by the Council of. the City of Tigard, that the adoption of the tax base in tbQ cum $15;000.00 for the City of Tigard, be, and the same is here- by, confirmed ere-by, confirmed and recorded in the records of the City of Tigard, to be effective with the tax year beginning July 1, 1963. BE IT FURTHER RESOLVED, that the City of Tigard charter proposal for 1962 as approved by;the voters, be, and the same is hereby,confirmed and recorded 'in the records of the City of'Tigard., to become effective January 1, 1963. BE IT FURTIMR 'RESOLVED, that the election of EDWARD A. SOODARD`to the post of Councilman of the City of Tigard to Serve a four-year term, effective at the first council meeting after January 1, 19631 be, and the same is hereby, confirmed and recorded in the records of the City of Tigard. BE IT FURTHER RESOLVED, that the election of FLOYD H. BERGASANN to the post of Councilman of the City of Tigard to serve a `four-year term, effective :at the first'council meeting after January 1,° 1963,;be, and the same is hereby, confirmed and. recorded in the records of the City of Tigard. BE IT FURTHER`RESOLVED, that the election of NORhIAN E. JOHNSON to the post of councilman of the City of Tigard to serve atwo-year term, effective at the first council meeting after January 1, 1963, be, :and the same'is hereby, confirmed and recorded in the records of the City of Tigard. Attorney Anderson: I have also an Ordinance setting a hearing on the Balogh property, it is a question cvnether you want to take it up at this time. If you want to have the Hearing on the'Council meeting date of December 10th, by passing it tonight and putting it in the papers this week and two 11-2G-62 - Page,6. succeeding weeks, if you'pass it tonight it woulc, be published on the 29th and on December 6th, that would only be two times. If you want to postpone the Decem')et 10th reeting until December 17th, then that would ta'ce care of this. councilman Hanneman: I-ria?:e the :notion that we change nur regular scheduled meeting frola the second monaay, Tec-ruDer 10th, to the 17th of Decenb_r. 1,iotion seconded by councilr.;an Sitton and unanimously approved by Council.' I.ayor Woodard: Vic now have ?before us "An ordinance setting Hearing with respect to proposed anne__ation and d ,rectin�. giving of notice thereof"; being Orclinance 62-24. ':de will .. receive a. motion for...it's acceptance. Councilman Sitton :^owed for the acceptance of Ordinance 62-24; motion seconded by Councilman ?Ianneman. Unanimously approved by Council. (The City Cler'.c hereby notifies The Mayor, the City Councilmen and those interested, that, notice with respect to the public hearing of the annexation proposal was ,acted, November 29; 1962, in four places within the City limits of the City of Tigard, Oregon. An affidavit to this effect, setting forth the loca:t ,ons of posting, has been executed.) mayor Woodard: I spoke to the Knauss people about the complaint and they will go along with the 8 A. M. to 5 P. N'_ operation.- Valley's 'phoned about the garbage man. It seems to be a three-war argument between Nalley's; Frank has no reason that he wants that job. IIe can't do the whole job, he can't haul the liquids but he will not stand for any garbage concern from Portland coming out here. Nalley's said they will haul their own. Attorney Anderson: I.f it comes within the :Franchise he has a right to complain. I do not recall the terms of ,the franchise. I don't see how wG can interfere with an individual concerned with their'own garbage. 1•7,ayor Woodard: I will report to Nallev's.' I want to make sure that all Council members know that next Monday, a week fror-r`tonight, we are having a ,special meeting with'.Nalley's and the State Sanitary Board to discuss their contra( '- in regard to the load they are putting into the :plant. I would like to have all members present, also 0 P City Superintendent Janoe. That is December 3rd,at horee.P-;. here in the Community Hall; also our Attorney will bee he . I have<another complaint rorn Mr. Pier in hegar , to the storm sewer. The water, instead of going, into the sewer is running down into Mr. Pierson's yard. The slope is the'a•7rong way, I don't know who is responsible;; is the County? £ oe: 1,1r. Otto put that part of the road City Superintendent Jan in the Tigard Plaza; they were given the c_.ra.des by the County and supposed to have enough elevation to run it into the storm sewer. 11-26-62 - Page 7. E -- Attorney ,'nlarson: The rule is that an, one that corrals water has the problem of o_ettino ril,,' of i.t. No;v that t;.ev laid a plaster impervious to water it all corrals ane' lows a creek, ,i L 'is their problem to take care of it. Tho water gods from their area to t3le City stree;.a. City Super intencient 7anoc: 1t c-oes `ror.' t;ie l'PF -' par rr area; it slores `roui Grant's slto.-c anti coe 'o%Yn on Center Stree'. Atto ne,- An?erson le is in a r osit.ion tr l-caJ l, ror;} lain that. t the Ci>y's job to rain o` .izat, the water coos onto the City streets ,finally. I presui:ic that Pierson would bo + ifi.c_. in cn:plai_ni ng t;;,at i conies ��. a : ;- o£f- the Citv street. T;Aat's a Counti,, r_od'; tell A F, to t ,};e it up with the Count,,, _•r. S`clCinscri. r;voulci si .4�st: chat Pierson micht be veryhcl„_ul .in cettinq it cur:-O. C'it_v Superintendcnt Janoe: I Gilgaes e *r9:re a leiaer"to' the County, to Mr. EcKinst.ry and send a copy to ti'ie Cit-.,. Attornev Anc.erson: Tell hi-Li to save. the si:.arrp ane: not sena the Citv'a copy. I will call ;Air, collect;. ie- 'las promised 3rie to get it (:,one, Perhaps I will }:e able to neecUe him a bit. Mayor Woodard: I have a .letter _Acre .from the State IlicA::•av Department.' O eaO inc.- the letter.) Attorney Anderson: I think you ough_ to cro over it with Y.nauss;if their are willing to have the parking prohibi.teo. It is for all tire. It would] allow a right turn in a.i extra lane as I 'understand it', from 217 turninc toward Portland. If they would want parkinol prohi.bite:? alone, there it would be a goon solution. we sxoul? z"ind out: what their :reaction is. Bia_vor Woodard: I should tali: to icnauss first. Atto" ney Anderson: I would say so before you pass the Ordinance. Manor Woodard. That is all. I have. I think we can hear fror:! ML— Bissett at this time. TSr. Lawrence Bissett, Resident Planning Consultant, Washington County Planning Commission, addressed Council explaininc _the program outlined for some of the communities in Washington County and to ask.the Council's advice on w1nat they feel are urgent problems in Tigard. "In the City of Cornelius we are drawing up;an entirely new zoning ordinance, we are developing" what is called a projected may, zoning map. In Beaverton we are doing a similar project'although a little:more c r:Pli u ed' up-datiiiq a number of their naps, all their _ utilities and roads, their lana use data and their zoning. The program;is particularly urgent for Beaverton'anci Tigard for in a few years, probably two years, there will be an important road connecting the Baldock Expressway with the Highway." Mr. Bissett explained a .form of a letter would be 11-26=62 - PageS. sent to the city Council .in connection with this Wor%, •hied has been budgeted. (A lc-....ter from mr. Bissett, dated Novenber. 30, to which Lhe proposed letter is ZIttacaec'., has Leen processed.) Councilman Cooper moved for a jou,.nrent, seconded b-r counc i man Hanneman. The Council meeting arl;ourned;at 9:50' P. N, Re„ecttul1v submitted: r' STT• i/ �,, CITY CLLT;j. rM I AYOP.: l. day 11-26=62 - Paye 9.- AFFIDAVIT OF POSTING STATE OF OREGON ) ae. County of Washington ) I, TRAILPH V. S—WONS, :being first duly sworn, on oath depose and say: That i am the duly appointed, qualified and acting City Clerk of the CITY OF TIGARD, Oregon. That I personally posted a notice of public hearing of annex- ation proposal, a copy of said notice being hereto attached and by reference made a part hereof, on the 29th day of November, 1962, within the CITY OF TIGARD, in each of the following public and con- spicuous places: ' t, 1. At the front door exposed to public view, of the United States stational Bank, Mein Street, Tigard. 2. At the front door, exposed to public vie-a, of the Portland General Electric Company, Main Street, Tigard. 3. At the front door, 'exposed to public view, of the First National Bank of Oregon, Tigard Branch, Tigard Shopping Plaza, Tigard. 4. At the ;rout'door. exposed to public view, of the 'Fire Hall, Commarciai Street, Tigard." Dated this 29th day of November, 1962. No Subscribed and sworn to before we this 29th day of November, 1962. waiwary ruvtzc zor vregon r My Commission expires Feb. 3, 1964 f� �r NOTICE CF PLBLTC IMARING Cit: I�f T'. f-r, annexstioi Proposal q. thus Counci, c.f the tC; "txar 3, in *hr C.:. e Wily Cc*r.ter t + C031- r mwrlcitl S4reet in Tigar3;"'�4t r ich ttme ii-,:! puce the regiAsprad t. vorftra of :tri. �� 'a V,3-! ,._ !�. !e�-: r:r, the gikaPion Cf �» r , anaexing the in1i.":rL!t4 ro rh& City of ;i¢ard: 5 Thse Wast Half, consisting of one (1) acre, of the follow- [ ug deacribed real propertq• 'Begi.na ng at the Northeast corner of Lot 21 of North Tlgardvi.11e Addition, *ai desig a nested upon the sanded plat of said Addition recorded end on file ia'the office of the Recorder of Conveyances of said county and stste, .and running thence North 641 49' r Hest along the nr,rtn bcrindasry a£ said Lot 21, 1.02 chains to a`r. iron pie, Scrath 1.6" 00' Fest-7.70 chains to an iron pi.:*, enc#. ?6* '0' £as:: 2.732'ohaiws to a pdit in 'Ehe a , rr cf F&=o Creek f*m afhich &niron nfnw,:on th&:':v.rrh .},antic of Fa^rer Creek bear@ North 15° 25' East 32 limas dtRrant; theme Toorth'-1;" 25' East:-7.146 chn'r:s t+� a brc.^ -�+cr it the -.rrt: t tscurdalry of,lar 60 Of QS1d aid« a zn; r-avice tivrth 64" 49' wept sof said 'north bounUry of riid 'rt 60 1.917 chains to the northeast corner of LI 21 and place of tegiuning; y*.7 G`.h.y'X11 .ti i A_ r 27. F 'n. ►aC To� A`1.9 eddit icn dey RI aa*rde aXrY. n,-Qaid �] itton rc.L.r'd�.�. ter. rl. f�I. F 1-,I.: �e 7' Gt r9 Corvayances of mild C"-Un'j a-d s,,ate lying nn, C,!and Went of the above,described real.proorty. ALSO., .all of Lot,22 'of North 'rigardvrille Addition as E,° designatasd uponthe amanded lar of, aaEid Addition re- € as £ilain Office tsd R; ordre$corded` Cir veyarcee of ,paid c{rinty 'and state,exeapt that tract con,.:eXed to 1. Paul'Winn and wi£e by deed recorded in Book 447,"Page 55: Dated' this 26th 'der. of November, 1962. By order of the City!Council :ZA1.1'H V S'fNONS, City Cl�Fr& \z. � 5 4 i r �