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City Council Packet - 08/27/1962 TIGARD[mom CITY COUNCIL MINUTES OF MEETING, AUGUST 27, 1962 Those present; Mayor Phillips, Councilmen Hanneman, Sitton, Woodard and Attorney Anderson, Mayor Phillips called the meeting to order at 7:3O P. M. and introduced the new City Clerk, Mr. Ralph Symons, Mayor Phillips then called on Attorney Anderson who administered the oath of office to Mr. Frank Cooper, appointed to serve out the unexpired term of office of Mr. James Aitken, Minutes of the meeting of August 13, 1962 read, and approved as corrected. Mr. C. H. Embree of 9020 S. W. Burnham asked if there is any way to reduce the speed on Burnham Avenue, and do something about the lot over-groom with grass and weeds, which creates a fire hazard. Councilman Sitton will check into the matter of the fire hazard and Attorney`Anderson expressed that there is a 25 MPH speed limit in residential areas and violation of this should be called to the attention of the State Officer. Councilman Hanneman stated this is a problem throughout the area and it is difficult to get the State Officers around to do something about it. Attornev Anderson expressed that since the State Motor Vehicle Department's Code automatically applies, this should be called to their attention. Councilman Hanneman presented sample of a street sign provided by;Mr. Embree and Mr. `Embree was requested to get a bid on this type of sign on a green background with white lettering. The'sign 'is plastic, easily visible at night and does .ot rust. Mr. C. H. Mayes, 12450 S. W. Knoll Drive presented a complaint of the noise from the Irvington Machine Works and the flashing from their arcing area lights up the whole sky. ` Mrs. Mayes had called Councilman'Sitton at 11.30 P. M. the;previous Thursday and he had gone there. Councilman Sitton stated the noise of the long lengths of pipe being rolled over the cement floor was very loud and that the arcing lit up the whole sky.- Mr. Mayes stated that in the;past the management have been cooperative but recently ,they have been unable to im even get an answer. Mr. Mayes stated also that'barrels and ME crates stacked up in back of their establishment is dirty, and unsightly. Mr. Mayes stated that the noise this year is worse than ever, and the residents in the area would appreciate anything the Council can do. Councilman Sitton suggested that the State Industrial Accident Commission might arrange to have the windows in the arcing area blacked,out. Attorney Anderson was not familiar with any Statutes under which the State Industrial Accident Commission would be helpful in this situation. Councilman Cooper was of the opinion that State Industrial Accident Commission does have a ruling that covers, and it was planned Attorney Anderson would determine' 6-27=62 Page 1. whether or not there is a Statute that covers. Attorney Anderson expressed that this is an industrial area, and the machine works is a' noisy industry, and if it is possible- to get their cooperation that would be the best way to handle the problem. It was planned Councilman Sitton would follow- up with Irvington Machine Works. Councilman Woodard reported that Superintendent'Janoe,had 110 been called to,inspect the water aid sewer pipes on Brookside Avenue. Actually we have never done this, but ,since the re- quest was made Superintendent Janoe did so and two leaks were discovered. Councilman Woodard MOVED that Attorney Anderson draft an amendment to Ordinance 62-1 providing for a water - test inspection on roughed in plumbing on homes and apartments, 01 the charge to be $2.00 for the first outlet and $1.00 for each outlet thereafter; SECONDED by Councilman Cooper and so VOTED. ` Councilman Woodard reported Attorney Anderson had written Mr. Catanese, of the .gild Rhino Restaurant, again; regarding the $100.00 connection fee for thegarbagedisposal, which has not yet been paid. Councilman Sitton brought up the problem of residents not con- nected to'sewer'where;it is available, and where apparently the sewage is going into the cree:;. It was planned Councilman Woodard would talk with t1le residents of the property in question. Thera was discussion of just how this problem should be handled, Attorney Anderson pointing out that that is the duty of the property owner toconnectand it is a definite violation of State Statute as well as City ordinance if sewer facilities are available and not connected'. Heexpressedthe need to be reasonable, however, notifying the violators and trying first to get cooperation. It was planned that as violators are found by Superintendent Janoe, he will report to Councilman.Woodard who will then contact the property owner. Regarding the Street Lights, Councilman Woodard reported that he and Mayor Phillips had met with Mr.. Carney and Mr. Perrino of Portland General Electric and it is planned they will provide a map showing the lights on the different streets, the size and cost per lamp. In the meantime Superintendent Janoe will check with Mr. Graham Young, formerly in charge of Lighting District No. 2, to learn if he has a list of 'residents on ,the streets covered for that district. A meeting is plannedFriday'Noon, ' August 31, 1962, with the Tigard Development Corporation to present the problem of lighting Main and Commercial Streets. The City is liable for the $73.81 per month contracted for, and the balance in the lighting fund after paying June 30, 1962 bills was $613.66. There was 'discussin„ as to ho-w to present the orobl_r; to the people served on the streets in Lighting District No. 2. Councilman Sitton'feels `that the people will. want the lights, andche suggested contacting the residents individually. Attorney Anderson'expressed that the City has a positive mandate from the people not to expend the money, so now it would 8-27-62 Page 2. be up to them to express what they desire. Councilman Cooper suggested publicity in Tigard Times to warn the people of the problem, and it was planned Mayor Phillips would take care of an article for the Tigard Times issue this week. The meeting with Tigard Development Corporation on Friday will undoubtedly be covered by Tigard Times 'reporter, for next week's issue. Councilman Woodard brought up the matter of permit's to be issued to the utility companies when the roads are cut into and how the repair is to be handled to provide that streets be returned to satisfactory condition. It was planned Mayor Phillips would get Copy of the standard form for Couricilmen Hanheman and Woodard's consideration, it was planned that when permits are ready they will be issued through Councilman Hanneman by Superintendent Janoe and letter sent- the various utility companies advising of the need for a permit and the standards the City requires. it was planned also that Mayor Phillips would get the information regarding standards of basicfillfor street repair for Superintendent Janoe's inf-rmation. Councilman Hanheman reported he had this evening received Mr. James Willock's survey for the extension of Brookside and Johnson to complete the loop in that Addition. This will be checked with the County Code and a print prepared for the City files. Some of the formalities have already been taken care of by the County. Councilman Hanneman's major problem tonight is the proposed Program for improvement of dedicated private streets,-using'no more than 20% for gradual improvement of privately maintained streets, There are two miles',of privately; maintained streets` within the City and some in real bad shape. Attorney Anderson expressed that there should be an ordinance establishing and documenting which are ,City streets and as streets are accepted by the City, the Ordinance could be;amended. Councilman Hanneman reported Mr. Laurence Henry has offered a 20' x 400' dedication on S. W. 91st, this would dead-end into: the Keesling property and from there on only 201, This would create a drainage problem into;Lincoln Street. Attorney Anderson expressed this might be undesirable since half would be 20' and half would be 40', plus the fact of the drainage problem and since this involves adopting more problems it might be best to look the gift over: pretty carefully. Then, Councilman Hanneman continued, there is Lincoln Street which,is half privately maintained. Road Contractor Snyder says that unless something is done on Lincoln this fall, there won't be much left to work on. He has estimated some $480.00 should be Spent:this fall on the entire street.l Councilman Hanneman feels that if the City spends $240.00 and requests the Property owners No fnr t 2 other $240,00, it would evidence the City's willingness to help save the street. It was planned Councilman Hanneman and Sitton would contact the residents on Lincoln in an exfort to get some commitments before next Council meeting, September 10,` 1962. Mayor Phillips asked if they would request a sum of money, Councilman Hanneman skated they would ask each propexty owner 8727-62 Page 3. what he felt he could contribute, that some might be able to contribute more than others. Councilman Hanneman reported recent receipt of $6,047.21 from State Gas Tax Fund plus the previous $6,502.29 and $45.00 interest on the Time Saving,Deposit, gives a total Gas Tax Fund of $12,594.50, $49.50 over the amount budgeted. Councilman Hanneman has had no reply from the State Highway Department regarding the offer of $20,000.00 for Lincoln Street and his suggestion that since this is not feasible they consider McKenzie Street instead'. Councilman Cooper stated he has had a complaint from the McGuire's on Watkins Street, regarding the condition of their driveway since the 'County repaired that street. There is a'bad hump and the tar has bled through. Councilman Hanneman felt he could ask the County road crew to see if this could be rectified, but it would probably not be taken care of until they are in the area. Both Councilmen had looked over the driveway and felt the complaint was just. Councilman:Hanneman has the Caufield revised report on the proposed ingress to Tigard Main Street, which he would like to give some study and be sure the Tigard Development Corporation agrees before the revised report is typed up and presented to the;State Highway Department. Regarding the Eastham property, Attorney Anderson has talked with Mr. Bilyeau and learned that the Bil.yeaus had received some $500.00 from Mr. Eastham for the road right of way. However, Mr, and Mrs. Eastham will be in Tigard the early part of this week and at that time he will see both parties and hope to clarify the situation. Councilman Sitton reporteu he hopes to have reply from the Tualatin Rural Fire District regarding thefire hazard from weeds and grass and he has talked with Mr. Rutherford and is sure the problem at his property will be taken care of. There has also been a complaint from residents on Grant Street regarding t' church parking, `particularly°from 6 A. M. to Noon on Sunday mornings, Councilman Sitton reported. <There is no question but that sthis "is a problem. On checking last Sunday' Councilman Sitton found`there'is barely room to get a car through and in event of fire it would be impossible to'get any equipment to the area. 'Councilman Cooper suggested church-goers could use the school property and that parking be restricted on the West Side of Grant and the South Side of McKenzie from 6 A. M. to 12 Noon,' on Sundays, Councilman Hanneman requested of Attorney Anderson if the City i , Can ,,.. _ - r.rk_^g Cnv_tel. defiratc.d strQptc_ Attorney Anderson' expressed that this is possible. Councilman Sitton brought up the complaint:about the Keesling horses, etc. and Attorney Anderson expressed that the best way 8-27-62 Page 4`. to handle would be to write the citizens in an effort to get their cooperation, suggesting the situation be remedied and if not -remedied action will have to be taken. Attorney,Anderson Pointed out that until we have-a City Court, an Ordinance will be of little effect. Mayor Phillips expressed that Superintendent Janoe advise Mr. Graham Young of Young's Funeral Parlor that he %,rill need to continue to use the Escort Service.' Mayor Phillips requested Councilman Cooper start work on the City Charter, if Possible to have it ready for typing by September 5, 1962, so that it may be given consideration on September 10,1962 Council Meeting. Councilman Cooper will be in charge of office administration and Mayor Phillips suggested the Councilmen present requests for the clerk through Councilman Cooper, Mayor Phillips requested the clerk to notify the League of Oregon Cities of the correct spelling of Councilman Sitton's name and to remove Mr. James Aitken and instead add to their mailing list Mr. Frank Cooper. Walnut Street Change: Mayor Phillips reported request for Zone Change from R-7 (Residential) to A-2 (Apartments) of 12350 S. W. Grant Street for Mr'. Ray McCracken. Regarding Mr. Chet Klock's building permit for a duplex on Lomita Avenue, plans are still being studied, since Planning and Zoning requires a.minimum of 25' from the R-7 Zone, unless a variance is granted Mr. Klock loses one lot in his addition.; It has been suggested Mr. Klock take this up with adjacent property owners so that the Council may consider a variance from code. Mayor Phillips reported the present Council will carry on until the Second Monday in January 1963. There will be three vacancies for November 1962 elections, Mayor Phillips, Councilmen Sitton and Woodard. " Councilmen Hanneman and Cooper retain their seats until the Second Monday in January 1965. Nominees for Council seats will' be by petition signed by twenty- five voters of the City-At-Large, filed with the City;Clerk not lesss than ten days prior to date of"election. A letter received from Attorneys Keane and Haessler regarding the fill at the Wally Johnson property on Grant Street, was turned over to Attorney Anderson, copies to be provided each Councilman and Superintendent'Janoe. Mayor Phillips suggested one of the Councilmen be appointed Acting Mayor in event of:his inability to serve. Councilman Sitton MOVED that "ounCiimau Woodaiu be appointed Acting Mayor, SECONDED by Councilman Coopedr, --and so VOTED.; Mayor Phillips pointed out the need for a Resolution for the safe deposit box. Councilman Hanneman MOVED the adoption of the following Resolution, SECONDED BY Councilman Cooper, and un- animously adopted: ' 8-27-62 Page 5. ' RESOLVED, that the City of Tigard, a municipal corporation, in the County of Washington, State of Oregon, rent a safe deposit box from the Tigard Branch, United States National Bank of Port+- land, Oregon, acid that the followings E. A_WoodardRCauncilman, or Ral hp V_Symons�Cid Clerk are hereby authorized and empowered to have access to the said safe deposit-bo3c at any and all times, until written revocation of this adthority, is served,upon the said Tigard Branch, United States National Bank,of Portland, over the signature of any officer of this corporation. RESOLVED, that the Mayor of this municipal corporation shall sign the agreements and contracts with.the said bank, necessary to the carrying out of the purpose and intent of this resolution. RESOLVED, that the Mayor of the City of Tigird'by and hereby is authorized todeliverto said Bank a Copy of these resolutions properlyCertified by him, in evidence of the`authority`of said persons to have access to said box. State of Oregon ) )SS County of Washington) i I. FIton C. Phillips,, hereby certify that I am the duly elected, dtatified and acting Mayor of the City of Tigard, a municipal corporation, and as such in;possession of the record book of said - municipal'corporation, containing tete records of the meetings of the City Council; that the above is a full., true and'complete copy of a' resolution duly adopted by the City Council of said municipal Corporation, containing authority for E. A. Woodard, Council, or 'Ralph V& Symons) City Cierk to have access to the safe deposit box rented by the above municipal corporation from the Tigard Branch, United States National Bank of Portland, Oregon. IN WITNESS WHEREOF, I have hereunto set my official signa- ture this 30 day of August;,1962. _ Signedi Elton C. Phillips, Mayor The'meeting.aith-the Metzger Sanitary District has been arranged with Mr. Forsythe for September 4, 1962 at 7:45 P. M. S Mr. 'Forsythe indicated Metzger has 'already discussed the situation ` and would like to work'with us any they can. The next regular Council# Meeting will be September 10, '1962 at 7:30 P. M. in the Community Hall. Councilman Woodard MOVED to adjourn, SECONDED'by Councilman Sitton and,;approved. Meeting adjourned at 12:00 p. m. Respectfully submitted, 8-27-62 Page � Clerk 6. '%� � ,✓ f� f� :