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City Council Packet - 01/08/1962 i L 1P62 Those present. `'oyor 7hillips, Councilmen 'ianneman and .00dard, and ;ttorno Anderson. :eeting called to order at 7:30 .:. :'ouncllmsn Woodard ,u.'Y?' for acceptance of the resiCnetion of uo�_�ncil- man ;said and appoiritment of i r _Arthur a terharen to complete tern of office. by Councilman anne:ran and approved. Attorney Anderson adadnistered the Oath of Office and I-auncilxsen Verheren seated. ?nutea of the :•'eotin of Januar; 2, 1 W, road and approved with correction. Councilman Voodard .:OV4D for Audit of " igard Sanitary r;iatrict from JUly '1, 1961 to November 22, 1451, and complete Audit of the City of Tigard to he made from November 22, 149E4 to vuly 1, 19v2 SALL„" by Coeurailrr+�n' "annomar and approved. ` Attorney Anderson reported he had briefly discussed the proposed changes in Portland General 4lectric :ranchiee with those officials and- thematter would,now await completion of Portland General _'lescctric's stud;; Uonference with Vorthweat t.at:sral Gas Company regarding their Franchise is scheduled :for January 12, 1962. The natter of Identifying the ordinances passed by the "olincil was die- cussed and Councilman doodard 90VED that the year and conseca:tikea numbers following be adopted. S=C;OND by 'Councilman asavie, Verharen and approved'. The Ordinance adopting Tigard Sanitary Listrict's No. 23 and 3o. 24 thus becoming 62--�1. "tees Ordinance providing for sower arae` charges to be Iden- tified as 62-2. It was planned Councilman Woodard and :anna n would take care of the posting of both Ordinances in not loss thus 3 public 'places, to be so posted for a period of not lose than 1; days. :attorney Anderson was liven approval to request the assistance of 8nginesr Carter in change of lot designations with ;respect to the ancroft 3ondl issue. mayor Phillips them declared V-o meeting open for the Hearing on .,*solution with respect to withdrawal of the territory from 4etzger Sanitary 'Ustriet that lips,within Tigard City 2:1mits. There being no objections Veyor Phillips read Ordinance 62-3, dGT1G� for adoption by Councilman Woodard SECORD by Councilman Hannomen and approved. Attort*t Anderson read his letter of January 3, 1962, to th* =ialleey Company, aad action on their request for reduction !.n surer rata will now awamit tfzs results, of the State Sanitary Department check. Attorney Anderson presented Samorandum regarding Zoning and Land c se ep.zla- tione (copy herewith). ie expressed that in event the Washington County Interim Ordinance on Planning end Zoning is defeated in the _'-!ay 1962 elms tion, it will than be 'necessary for the Coun==1 to tare some action for the 'City, Councilmen Woodard-reportod: thea he and superintendent janoe_planned to matte an Inspection of the Tigard Shopping s'la*a thin weak, and that they are still awaitinE arrival or the TV Scanner for the survey of the sewer lines. The prabloin crested by Greyho:ind'a decision to suspend 'service in to' Tigard due to their buses being overweight for use of the Fanno ;rack Bridge was discussed. It was planned"Councilman fannemsn would try to arrange a meeting for he and f=.ayor Phillips with Greybound officials this Thursday if possible, in an effort to establish a temporary route in and out of the City. It rasa reported the plana for anentrance to t4ain Street had been pre- sented to the Tigard !O®elOpD3ent Corporation Oy AL1911-466r 'Cdalli3Qla, art, were now ready for presenting to the State Highway Commission to see what the State Could cow up with. ?jesting adjourned at 9:4O F. V. Respectfully submitted, Clerk, xr©-tees M2MOReLnnyu .�.r.. T COUNCIL +..,. Trus rmzvcc tucL cl'fY Re: Zoning and land use-regulations within the City of Tigard At your request, I have examined the statutes concerning the status of zoning in the City of Tigard subsequent to the incorpor- -ation of the area. Section 227.310 O.R.S. states: "Zoning or land use ordinances or zoning regulations applic- able'to any area not within a city, shall not cease to apply to the area merely because such area is later included within a city, but shall continue to apply until altered or'discon- tinued by the legislative body of the city in the manner pro- vided by law." Thus, it is clear, that inasmuch as all area included within the City was,' prior;to the incorporation subject to the zoning pat- tern and regulations applied on an interim basis by Washington County, such zoning or land use ordinances or regulations will continue in full force and effect'until changed by proper enactment of the City. Chapter 227 O.R.S., Sections 227.020 and 227.0300 authorizes: - "Any city council may by ordinance create a city planning commission for the__itv"-consisting of the Mgyer--gh. City Attorney, the City En j.neer ax®officio and seven other mambos to be appointed by the Mayor, not more than two of whom'shall be non-residents of the city. The functions of the zoning commission as set forth in the statute include primarily the matter of recommending zoning patterns, ' regulations and use restrictions. Section 227 270 paraphrased provides,that where a municipal- ity has not city planning cission,'the Council shall perform the functions,;hold public hearings, make final'report and>afford'all persons particularly interested and the general public an opportunity to be heard with respect to zoning proposals as provided in the stat- u tes. Thus, the City of Tigard not now having a planning cission, all functions which would otherwise devolve upon:the planning com- mission are ,to be;performed by.the Council in addition to the ones normally performed by the Cmsncil w.h_ere'a planning commission has been constituted. It is my recommendation as I have expressed to the Council previously, that the City provide theCity Clerk with forms:of_,appli- cation for zoning changes or for building permits comparable to those used by the County and that such applications when received be re- ferred to the County Planning Director for recommendations by his staff to the City Council on a staff basis only, it being necessary, in my opinion, that;all discretionary aspects including the holding of hearings and final determination of the matter, must be processed by the;City,Council and not by the County Planning'Commission or the County Court. : Perhaps the County will perform this function on a fee or other reimbursement basis. Finally, I draw your attention to the fact that, as I under- stand it, the County zoning program is strictly on an interim basis and will necessarily he an,_ itgd to the legal vnfarg itn theHay primary. Should tQ zoning authorization required by the statutes i not receive favor with the voters, the County zoning will probably e ineffective after such election. . It is, therefore, necessary before the primary election that the City consider enactment of zoning rules and regulations by ordinance, if it is intended to preserve the status quo. FRED. A. ANDERSON E IMM �i FREDERICK A.ANDERSON An ORNEY AT UAW 105 TIGARD OFFICE:820A n..r. _ .TIGARD,OREGON ME.4.1121 P.0,Reit1c.0x6