City Council Packet - 01/28/1963 T -I C A D C_I t.' is G U N, C I L
14INUTL'S Or i XTVINC '.NP,?Y 2n 1963.
Present: ,mayor .'7oocia,;,T; Counci]ren Karl 11. `Ianne.iuiri,
r J o T c 1 n 'ix P rrrngn _RT r nn
0. Johnson, City Attornc F h JAn erson and
city i,y rini-. .n Pn-k- C. f. ,F.)noe-
Bleet:inc; ca11eii to orrier by Payor. „oocand at 7.30 P.
M yor Wood ard: 'we wi.l.l now anve the -rear'. nc OP n_ d alts s ,
of the meeting of: January 21st, 1OC-3. Th I,;nutes ...•re
then rear).
t'ayor Woolard: I want to make a corrr.cti.on on pace '. L
meant "Parking' tacl.e::.v, not r_aCfi.c" t:icke,:, . IT t':ie-re'
are no furthe`.c corrections orobjections t ne r i-nute,
stan�3 approved as cOrrecte'
Navor. Woor.ar&: Does anv one in the a cnc .. ,,ave anything
to brine before Cc•unci.:11 1:n3Smt.c"I as sere are no rer.,a._ks
fro:i the audience, we will cto on with Old. },us:Lnes,. in that
recap:. we have: Dusiness .,icons^ss Conhc _ln..n _;ere mann. ^tz
sail you are not r ea'u. ,>:e_ ai ll hr.1. that over nn T 1 i_hc
next ml�eti.ng.
Councilman Berc:mann: 1 = sti.11, wca: n cr on chat anC to
parlcinu tickini-s.
-Yayor woodarc. Was tiic:e anyt.hi.nr t._tbe - done on .thzc .ire
Z. 'rants?' (No report.) I want to tell Co Tn.. lnian ,.o`•inson
, -it this _nair:mincr pool. (At t'ii,s -point t-ayor Woc, and an,
City Supe;:int enCent Janoe e,lpla'.ner' to Councilman Johnson
the rimming pool woulO. be 'cimptiQj with an au:;il.i.ary pump.
right into the storm sewer. City Superintendent canoe
advisef,' he had put_ that in the plans, that it ,must }be
emptied. .into the sl'orm;se.ye,'.
mavor Woodard; The Plana has notifier? our City :Surarinten'ent
t-riat the,, 'paid $600.00 _':o the City <or scwar connections at
the Plaza,` in a builr'.ing that has nover 7. e-en use' n." now
they, fin' this is not co .no to be in use and' 'their .pant' to
take up the pipe -here an,41 want crec,it for the >>600.00.
This was paid in June 1962. (c76':es ins" Attorney An'erson)
If we give;them credit, yr. Anderson, can we take that
credit and apply i hat to tis ' :.17. t'i • owe.
Atto'nel= Anderson: i[ you rite <<2em credit, you can apply
that amnahere z,ou want to; you jon't ;1ave to c4.vct71em cash;
youfwould'have to rtahe:in .oet-off.
Mayor Idoodard: I woulde, like vile Council to rive approval to
applying this $600.00 on their back bill.
Councilman' Hanneman: I; move t'nat we make 'that retunrr by
applying it on their open account with the City of Ticard..
1726-63 -Page 1
Councilman Cooper.. Are oic s i-t5:nq a xrece.ient by refuncinq
that money'_'
Mayor V7000ard No, no '..:•.tures ha.c ^•_ or been ai pJ_ ;: th
Lac};ea ic-
out an .it has neer been user? an it; t c,,t1.1. nom: ..: ti .z.�
e (lc,,
Councilman 'iannenan: ' nen are p.11vsti(,Zi:t_r acinic; to re-i- we n,r_ --
h i e'
mayor 62oodarr::, Yes, it is east of the_ ')elicaes.,�n; shoe
shot, was coi.nq i.n there, ho:,ever neck: materiali.• ce... It
was set up for a double 1-o i let. an si.nlc.
City super n enCent lanoe: It was jus - rouc}zec9 in plur3)inc�.
The ieouested iefun_. o:e this .>600.00 !s in connection '.ees
which the,, did not use ant are not c.oinr to use. 'Ie sair ie
Would take it up or would plug it, either one, if �qo chub'
reimburse him. It is only rouracd-in i.nere. 111tere was a
total of $612.00 pa.iO, which,incluce0 x10.00 inspection anc.
$2.00 permit fees.
',savor Woodard: It is just the connection fee o 5600.00 ,
we are talking about.
Councilman Hanneman: I assume you would have notice If that
were opened ar.,ain:' --
Mayo. Woodard: It is an open part of the build,n_,; an open
front.
Councilman Hanneman: You would then have to have a permit`
for building.
City Superintendent lance: Yes, we+'woul^: have 'to „now about it.
Councilman Bergmann moved the refund be grantee, by applying,
it on their open account with the City of Tigard. P-!otion
seconded by Councilman Hanneman. (Councilman :Harneman's
original motion had not been second'eO.)
Mayor Woodard: it has been properly moved and :seconded
that we grant the Tigard Shopping ;Plaza the refund of the
sewer connection fee of $600.00 and that it be applies' to
the;balance of their bill owing to the City of Tigard.
Upon call for vote it was unanimously approved by Council.
Mayor Woodard: It is now 3:00 P. M. Vie have set that hour
as the time for proceeding as the Planning and toning
Commission`. I will now call upon Councilman Hanneman for
his report.
Councilman Hanneman: S would like to present our proposed
City Zoning Code and I will just run through it briefly. The
Districts of zoning that we propose are, first, 'P-7 Single
Family Dwellings, Duplex A-1; and apartment-Residential
District A-2 and Apartment A-2 Multiple Unit District; Zone
1-28-63 - 'Page 2.
A-3 Fobile =Inme Parks, Tra_-ler Parks an:' + ,en into :he
Commercial Districts. The neinhboi.hood co::,merc.ial
-Retail Commercial C-3; and Ceneral Commercial C-7. Indus tri l
Districts; Industrial _a_r ^' L t +lanu"actu inc. -
General X,anufactur.i.ne Y-3, he Special purpnse 7i_tr?cts;
Off-street Park-inc _ _ Aix-craft
Field Districts.
Those are the general conLcnts of the Code with the
provisions for amendments, enforcement and so fort'- attac::!e6�
to them.
This is primarily the INIashington Count,, onina Code,
modified to fit our City's neecis. Ceneral.ly, ..qe have
deleted.the Agricultural District, suisurban vesi:?ential an:':
the various other i'.esiaential Districts that_app lv TT-ore t"
the rural areas.
This is in conformity with tile County Code as it starlos
todaryy with one cxcer>tion; :.here is a Di-strict C-5 that`lenns
itself with commercial areas an a rain thorofai:e. I have not
had a chance to review this thorcuc hlY;. enouch vet, nor hay?
time to oet it into this Code.
If anyone has any cuestions on various sections of
this I would be pleased to answer them.
Attorney Anderson: The City Council will 6o he Planninc
and 21oning`management. I c.o not see anythi:ncr wronc_ with
anything CouncilmanHanneman has there.
Councilman Hanneman: I would li?;e to recon-mend this Code
to the Council, acting as the Planni.nq_ Cop-mission and as),,
the adoption of this Code.
Following some discussion about septic tanks anc?'drain
fields, entered into by Attorney Anderson, Councilman
Hanneman and Mr. L. R. Bissett, Councilman 11anneraan stated;
we merely make a change to the 11-7 Section, Section 7031
the rainimum lot area 5,000 sq. £t. with the exception of
lots not within the availabil'ity of public sewer shall be
15,000 sq. ft., rather than at this time delay our work
another two weeks to call in all ;naps and codes. If that
would cover that aspect, I would make that change.
Payor Woodard: Any other questions?
Mr. Bissett spoke about the C-5 Zone and Councilman Johnson
inquired what the C-5 Zone reculated.
Mr. Bissett explained it was designed particularly for a
highway commercial condition to provide set-backs from the
highway to provide off-street parking, tl-at cars could
manoeuver entirely off the streets 'so the'.' do not have to
back into the highway. It is refined in that it has to be
designed for the` area; 'I would suggest that we not concern
ourselves with it at the present.
One other suggestion; that is on the A-3, that is the
Mobile Homes Section, that that he adopte? not as a Zone
but as an Ordinance governing the regulation of 14obile` Iiome
1-28-63 - Page 3.
Counts wil:ereve lacaLe;7 an. .:a 'no rc�;;i_l�
Ilse 0.. `n- 't-2 -..-;one.
Attorney Anc Orson: I ;Ai_.i.c,: Zat al. ho. c.i_, , :'ould
want to fl^w a ,..
s±w o F'_ -,:e ._1. ;lin„ arna .,01: ..__
ole ,-,. ^ .Lste.
Counc i.lr,an ,Jar F rr, n i n _ l zc r - -
r;ror_c nerhans result �_n scriet,iinc. ri. .ht, __ n-=0117 ic.cUi c._
then that tze ..,ecticn insert A-3 I.,e v o.
w
is `_n__r ,,,_ .,t is al, =ac.,i a eoa iti.onrJ
use in this (ocle
Council tlanneMan: Yes.
Attorney, 3nriersor.: :.ic,zt .L sucoest c,nc,er. 703 .nit secrecate
the 5,000 sc_. z-*_. is 703-1 an6 tae 15,000 �-q. _'i_ as 703-IA,
.cL :iii '_ic's. e-iiL,re,_-,_; 1 woul : succ:es-.: 703.-1 be a'ce,`...
where service connection-is available an,: 703-1-T, eoul? roars,
minimum lot area shall be 15,000 square feet ti'aerc seg;:ic Lanl:
and .rain field only is available,
Mavor. 11oodard: Are there an,, ot,Qr ouesti.ons or cor- .encs; if
not, it is in order for a motion to a,_ceht this Coc e.
Councilman Hanneman: I would like to mace. he notion that the
rlanning`and =inr_, Commission recos..zend thi.s tc City Council
for adoption. lotion seconde' 1by Councilman Cooper., Upon
call for vote Councilman Johnson cave the only Oj.ssentina vote
and. the motion was carried.
Mayor Woodard: Oc-i- in orcler is tit.e uildinc; Corle.
Councilman-itanneman: ?4e have been considering the abortion
of a Building Cade for the City of Tigard which conforms and
follows the Zoning Code very Fve1J , 'I bel'eve. First, let me
say hat the Code we are considering is the 1.361; Builclincr
Code. it is the universally recocnizorl wav of, construction
and well accepted West of the Itoc?cies. The ma ority of the
farce Cities in the State of Orecon have adopted: the Co6e;
specifically Multnomah County* the City of Portland's is very
similar; Beaverton has adopted that:Code. The main advantage
is that it leads :to coor_erati_on and conformity with encineers.
and architects i'sio are working in this City and"they are
advised either by us or by the Conference that we are a
Member. City and they know instantly the terms and conditions -
to follow_-' We have several services performed by the
Conference'Headquarters in Los Angeles, specifically, the
plan checking service for Cities that do not have a Building
Department, This is a value :in having a service to check
structures abode and below ground, with which any one of us
might not be familiar_
Thera is a membership fee of ;40.00 ger year for. this
size City.' They provide, for that fee, this plan checking
( service, copies of the Code and assist in enforcement of the
Code.
1-28-63 - page 4.
Im-
1_.
The Code specifically is ha.sed upona 'oninc o1' the City
for 'fire hazards. Tae congested zonas recuire certain types
of construction, cenerall> speal:incc, c-r.rgoi-const ruction
and this then is uradua.teu up to the iic;ht form construction.
The Code is quite elaborate in efining these am? the tvpes
1 believe the Cone is well written as to tlae Pity's
pri iIand onforceme.t. I bclieveR_. estab.1she
for Vbuilding'perpiits, plan checking anti so :`.ortin are reasonable.
I have printed one chapter of the Coele that <'•.eals with inspections,
plans and permits which .I can reproduce for copies in the o. 'ice.
This actually can be handed to a buil.dinq'applicant for his
Complete un6ers an of what his rn ;li.roments --re vinc,er Lhp
It would be rather length- to oo into this Looe but I
believe it should suffice to say that it reasonacla rec•u.re
ments_for the construction of bu.ildi-ncs within the Citv. It
is the governinc{ Code of the City of Los .Pnceles and nearly
every large City west of the Rocky Fountains. � you c;,entlenen
have any questions; I shall Lry to answer them.
Councilman Johnson: I vote) against your 7oninc; Cote anr_. I
ani going to vote against this. At the last n:ectina each of
us had a%copy of: the toning ordinance znc., I think, a cops
of this. I have no doubt but what your jixegrient :is better
than mine but I don't know what it is all about and until I
have a chance to read'it, I could not vote otherwise.
Councilman Hanneman: - It is cood. for Beaverton. I judge :it
will take you about two years to read this. I have to accept
what I consider the person is knowledge of the matter to handle
it.
Attorney Anderson: ' You are reporting this to the Council and
you are holding_ a meeting sometime this week. This tonight
is a`tentative proposition. Friday nicht :you again expose
it to the public and - iscuss it some'more'and then you>would
enact it at your next Council 'meeting. Friday night is not
going to be a regular Council meeting, it is goinc to be for
the purpose to request the holding of a hearing. a
Councilman Hanneman: I believe it is in the best interests
of the City to es al, ish the Building Code along with the
Zoning Code.
Mayor Woodard: Any other comments?
Attorney Anderson: We *would merely adopt the code by reference.
We could not reproduce anything as comprehensive-as this. It
would be part of your code pattern as wel.l ''as the rules for
obtaining a building permit.
Mayon,Woodard: Is this to be brought up Friday, or is t,2is
t the extent?
Attorney Anderson: My understanding is you are discussing. this
1-28-63 - Page 5. '
OEM
before; thepublic as the City Planning Commission; Fric.av nic
you open the meeting and City Council is hearinc these matters
again. If there is no one here you aC.joi.rri the mee?:inu anc -
then you have an Or<'inanc,- prepares and then at sone Council
leetinC• you pass -fit• Gri;,n,nr•^._
Counc_.lman Cooper: 1 nioc e ..?int. wn ar•rni�r '-I._. Hu.s _ Code
as presented. i�;r Co,anci.lr�an i?anner.an. n iori secon e,+ �,
Councilman P,errmann. Upon v(:)'--.e beinc, cane', the motion
carried with one dissenting vote beinc that of Coi.:c lmarr
Johnson who voted` "No -
Attorney Anderson: You are .it to the City
Council. The ; oni.nc CoOe anc' Builf,inc C'cc e 'las to JD( _._le
with the City necor2er officially, hen t'ie City Council ta,:._s
it from there.
k,ayor Woodard: We will Have tine Council m.netinc r.ic',aN, n:.cht,
being a Hearing on the Luilding Code and t.ze Planning an-'
onin Cor�e. This will be Tobruary lst, at 7:30 P. M.
At this point Attorney .Anderson advise,:' he woul0i be unable to
be present Friday night, Fcbruary lst.
i%ayor woo&ard: Uill it be nec ssar,�F for us to postpone themeeting until you are able to bepresent7
Attorney Anderson: i7c, you decide on what' Vou are c_oinc to
adlopt7 the public having had their chance at it, to what
you propose to 'adopt and ,rou simply tell the City a9 tox:ne-r
to get busy and fix up an Ordinance a•.t some later mcetinc.
Ma,Tor,Woodard: Anytbinr else;you want to b,.inc ,,up-
Councilman Elanneman. ?•.'C. 1Cocsl .nr tins Choc, an ar-I.ic'dtion
:or 1, `,one chancre from, R-7 to .\-2 s Lbi_s is zr.<+ first Zone
change in this job I would appreciate <<=ovr tv i sing the procc,lire
to publish and change the zone.
Attox:ney 1neerson; You folloe t:ie same rro e-_lure o a:unlis z-
ing_ by advisinc•, the people o! the proposoo c'Ianre, Lac location
of the chance an:'• ,the =tear nc tai e. his woul.c' involve
notifying those persons 1,v i nc adjacent to t:le proper"t- n,-
tract of
7'tract:.of land uneer consideration for this `recueslicri zone
change.
Councilman Hanneman: I-would like to mate=a motion we have
published for Hearing this ;onechange at the next recrular
meeting of the Council, Februar« 11th at 5:00 P. y.
XOOtJnn
seconded by Councilman Johnson and upon call ..o_ vote was
unanimously approved b-,,7 Council.
Councilman Hanneman: I would like to turn over to Council-
man Johnson, for consider'ation,' an appli.c4,Iion for'. 3Url�ing
permit on 95th Avenue. It does no-"- the Code in that i.t
:does not front on a rublic street. the .Rom.na Code rear ,:es
that a residence has irontaa-z c.na public strcec an s one
1-28-63 - Page G.
�.oes nor .e C', .. a Is J .' „ ml ->
JW .1 t tO !il, _1. -
acce zs ronc
s u 1 a.n inc, Uh .ii .n. ".n. t n, an-' -
^_1f an irrY Hla 1
ci,nul ,cels. ?al.l•�_ .., x�, _ of .- _ rnni_t T. r„re ._>,t_ _,.,,
i t ivotijc- nca e <�.c t_a l;r n r_c- , v t,- an .".a nc.z c_
ccjt,t e'. < ei.. a,loncfairly troll i,;.t_7 .ri-'a an. .1a�•e. ", , '.pan.;a.on
woi110 cost suite a i*.: 'il *re qe_ ::.o :n...: i.n tlix a_ .l
rate` tacl,l want to rt t in:r; cur .,lana.
_jiter the Forcral
,.'129,000.1)b. At t ze is to an,:: i nc� i J �01�
l al l 1C Si_mI 1rp1 o C to / 1100 t e r Il T _
Crant oul,', be oil-f. It rpt l.c _ T C1.1--i: r
0111.i-.rnn wont, jun o ,log- r rTall
?own° to their ccntractrate, at tae prc_ti__nt, unt 1. t,e .`.'in it
Fedsihlc
-
easiblc ':o be able to vet euouch money to i,t._l ' % iere
we rnuld acc pt..Lh it l.Ja-;..—0 1 Oroul rut _t uPto
as to what '_hey woull like •`.c a;:=out t:lat.
Attornev Ancicrson: It: ,. lcsi_ral-sle to ".ave r.n:ustr•- tnet
employs"people but rou also 'hate co k:c l a bal_ance,. .. .t?.o.
You have a plant tha was built to accomodate a certain lc_,- _no,
r5omestic an• industrial and you ,lave s i,:ne i o `alley's a
certain capacity/.n your plant. You h,t r_ rcache.- a pomni. Lr.iere
they are war over that and -vou are '
i.nc rater. t11e State
ibK "
hasn't clirbc on etir. , . .t :it .a�.11 nc ??e 1 rnr;
� '-zow
will you take care of he State Standar<=_s You c",on t ;:ate an-.;
alternative, :.sou ai.c alrcadY e*.ror4c•acni to th_ hilt on vour
e.-c5.sting plant. your e; i inc plant wni.l..s to<-e care o a
reasonable deoree of _increased connections-an
hey "',veep within their contractual allowance. Now a: to how
could you oo about enlarcrinc the planes a t.r-.l.a„lE= w.i t,l
present Cita population, there is no way you can Ce i.t. Ir
you are going to ash, the people to ssusoe a bi.cc.er bonOcc:
indebtedness to take care of Nallev's`, L%iat i.s no_ -iust fi—od.
If to`take care of additional a.nne7 ccs. area already bonc:eirl,
where:you would be able to spread your rate o._ service charges,
connection charges: and so forth, that: woulJ be cl4f Eerent. So
you have to 'guess, if ;you build a plant hes on:? amour present
needs disregarding Nallev s, %,ou will iilL ;t up in due time,
but, there is no immediate need and you will not be able to
sell it to the people. You only have one choice; ask Nal.lev's
to conform to their Contract and that means, that:means'what-ever”
it means to 'them. Get them back to where your obligation
exists and when you are in a position to provide them with the
facilities, then you can offer a greater latitude of operation,
Your present plant is out-moded for this type of service.
What you need is an activated' sludGe;type treatment which can
absorb these peakincY leads. To reactivate this plant to take'
care of your present problem, you will have:to spend considerable
money anyway; you have but one :choice' to a•ri you only have this
( plant, you have a contract with Nalley's; you must meet the State
Standards until you Bret into a,position to take more. Today's
1-28-E3 - Page 7. -
facts dictate one proceeli.nn
Councilman Cooper: 1,,7hatever action we .take ,toni.cht, we will
be cr__ici:zo(l The City Council i.s respors,blc.for the actions
in Ticar.. I t°:ii.n7c the 1 i Rap i. Times is the number one problem.
I think i:ne trouble is the atti-tue:e of Bill Lvnch. I a;.n:: a
delegation from this Council our7it +'.o CiO there an�. see Pill
Lvnch and try to ce Tinarc up c .a:ed a little
that in the zutre, nit:ij.nccores out ,_hat is d.et3:_.:.ental tofA the Council Ni should pursue it uiligently.
Mayor Wood..ard: I_. the Council wil1inc, to have us write a
letter tellinc ( :alp 's) t"-at ll, ___r the 'i__ irc
be---
hold them coim to the contract until we can arrangc for rroper
::Pzinsion to take care of a lar<:ier loa inn include the li'i.nutes
of the meeting and notify nisi, if his plant here was properli,
taken care of he can help himself a lot more t?an we ca 113..
manor wooeard: The Main Street li-i ing has no more money so
I called Mr. Curtis Tigard todav and he is going out to see
how much money he can get. -
I am going to brinu up-to-date the list of all properties
that are not connected v i.1h the sewer and, tale it up again to
see +that they all connect that are supposed to.
j
Councilman Hanneman: There are sevethe City is 4
supposed; to accep�44 snmely, all 0{_S 7 ?.Tatftzns; pert o y'
Commercial Street Scb T:�_ns and Burnham_Z tho.ae portions within
the City limits, we should proceed to take over. In addition,
there are some streets that have been built up to 'stanclards
and. they should be included.; _Lewis Lane; Southwest 92nd north
of CSr Kq; Brookside Avenue and Brookside Place.
V,n,
Councilman Cooper moved for adjournment, seconded by Councilman
Johnson and unanimously approved by Council.
Adjournment taken at 10:35 P. M.
ResDilly�Jsr?a� ittii
clay P�CORDER.
ATT,,5 {,
r><aYOR.
1-23-63 - Page S.