City Council Packet - 09/24/1962 T'I G A R`D CITYY COUNC IL
MINUTES OF MEETINGSEPTEbBER 24 1962.
Those present: Mayor Phillips, Councilmen Hanneman Sittnn,
Cooper, _woodard. and Attorney Anderson.
Mayor Phillips called the meet.ino to order at 7:3o P. M. and
requested reading of the Minutes of the Meeting of September
10, 1962._'
} Minutes of the Meeting of September lo, 1962 were then read
and upon call., there being:no:questions or corrections,. .the
Minutes were orderedapproved as read.
Mayor Phillips: Next in the order of business will be any
auestions from our visitors. We note quite a few in the
audience and we would. like to hear from them at this time.
Mr. .Ivan Jack: I have been selecteo as spokesman tor our
group; We represent.most of the citizensin the neichborhood
of Kroll Drive, we are making a protest, a nuisance protest.
We have=met-and compiled our thinking and would like to read,
if we may have your indulgence, the complaint. Because of
the Zack of time in preparation of this complaint, it was not
possible to secure the signatures of those making the complaint,
but we can do so and present it in signed form if it is the
!Nish of Council, {At this point Mr. Jack read the complaint,
an unsigned copy of which is at hand with the City Clerk and
is addressed to "The City Council of Tigard", the subject of
which is "Irvington Machine Works."
Councilman Sitton: The Nuisance Ordinance, which I understand
we are going to act on-tonight; this is one thing we are held
up on; all we can do is wait until we have the power to over-
come it.
At this point Attorney Anderson discussed the legal aspects
in general, of this par;ticulsis case and industry, with respect
to it's establishment for a period of approximately three years;
pre-existing conditions of the industry; as to it's conformity
with the original' intent of the industry, as to change,in their
operations over the period of time now inexistence. He
expressed "they have been there more than three pears and
therefore they would bea p*,-existing business" and he
doubted the State', County in" City has authority to render
invalid or unlawful any existing premises.'
There was further discussion of this matter between Mayor
Phillips, Councilman Sitton, together with some of the
citizens, including Mr. Mayes ,and Mr'. Jack, with Attorney
Anderson expressing further points with respect to legal
angles and it was finally resolved that Mayor Phillips
suggested to Councilman Sitton "Why don't we work out our
approach and talk to Attorney Anderson and then both go'
down to talk to the Irvington Machine people". To this
Councilman Sitton agreed.
9-24-62 Page 1.
Councilman Woodard: We should have on file with the Council
a copy of the letter of complaint containincl all the sig-
natures'.
Mayor Phillips: At this time we will extend our thanks to
the citizens for their interest in appearing at this meeting.
Mayor Phillips: I believe we have another group of citizens
and we would now like to hear from them.`
This croup of citizens, their spokesman being Mr. Godfrey,
representing the Methodist Church, brought forth their
request to attempt to get some relief in the cost of the
sewer construction and service to the Church. property. The
discussion with respect to this matter was entered into by
Messrs. Godfrey and City'Water Superintendent.. Lohrenz and
Mayor Phillips`, Councilmen Woodard and Hanneman an(l City
Superintendent Janoe. Various methods to arrive at lower
costs were suggested and reviewed and Mayor Phillips remarked
"What do you,gentlemen think of getting some information from
our City Engineer? Councilman Woodard stated "I think it
would be a good idea to get Dir. Carter, City Engineer, to co
up there and talk to these people and explain to them what
they can do." It was decided City Superintendent Janoe and
Councilman Woodard would be in touch with Engineer Carter and
arrange a,meeting with the paj ivies at-.i nLurest to attempt to
arrive at a satisfactory conclusion to this matter. The
letter submitted to the Council with respect to certain
possible connections at the Church property were discussed
and since thev were at variance with the original examination
it was decided City Superintendent Janoe should re-inspect
the premises and arrive at the proper figures.
There was some discussion with respect to the annexation
proceedings prior to the incorporation, between Councilman
Woodard, Yr. Janoe and Attornev Anderson regarding the
sewer extension to Garrett Avenue and it was advised. by
Mr. Janoe all the legal;proceedings had been accomplished
and the data was in Attorney Wheelock's office; that at
the time there were 19 or so homes involved but .since
that time, three of the properties, the Church property,
Mr. Polin's property and Dir. Royals, property are now
in the City. Mr. Janoe stated these people have now
approached :us again on the question of annexation to the
City. It was decided;to contact Mr. Carter and get a
cost on this proposition.
Mayor Phillips then thanked the group for presenting their
cause to the Council.
Mayor Phillips: In our next order of business we will hear ,
from Councilman Woodard.
Councilman Woodard: We received a copy of letter written to
Mr. Carter giving approval of the Metzger sub-division to
the Southwest Hunziker Road extension, g„ ahead
eY+ _.. �•:� can
9-24-62 Page 2.
with that now. We all received a copy of the permit form
given to us by Attorney Anderson, which looks pretty good.
There was some discussion as to some slic,;ht'additions and
Attorney Anderson expressed, "this form could be changed to
fit,your basic needs, if you need more space you could
always put on an addendum and attach it to'this type ,permit".
Councilman Woodard: Do we.want to study this and see if we
want to make any changes and wait until the next meeting for
(, any action's It was unanimously decided, to wait until the
nest meeting, to study the form in the meantime.
Councilman Woodard: I understand that election for Council-
men is on November 6th, I want to be sure our Attorney,has
some o+hese lists for the candidates so they can pass them
around and get somebody to sign them.
Attorney Anderson: I will `make them up.
Councilman Woodard: I wrote the United States National Bank
to cancel withdrawal of the Time Deposit of $3,000.00 and
replace on'another six months and also, that we will withdraw
the Time Deposit of $3,000.00 due September 16th. On Light-
ing District #2, we are doing very well, we have a few calls
to make but I am sure District #2 will keep their lights
burning. On the C. E_ Klock deal, there was discussion as
to,cost and payment on the basis of $3.40 per light per
month arriving at a total cost of $163.20_per year. The
payment of the full amount in advance was suggested by
Councilman Woodard as the proper way to proceed and then
have the Portland General Electric go ,ahead with the
installation.
Councilman Cooper: Since the people are ,going to pay the
bill,; I see nothing wrong with it.
Councilman Woodard: The next time it might be on the
assessment; if the budget had gone through they would have
had them now. I would like to have authority ofCouncil to
go ahead and put this matter before him in this respect'.
Councilman Sitton: Along the same lane, the people on
Brookside are interested, can you go;along;on the same basis?
Councilr,an:Woodard: I want to wait until we see how far they
are going with the building. I think we should wait on that.
Councilman Woodard: I would like to call for a meeting;
for next Monday night, for the Council, with the 'Attorney,
to fix the Charter. Is that all right?
It was then decided among the'Councilmen and Attorney
Anderson, to place the meeting;, night;as October lst, at
7:30 P. M., in the Water Office at the Community Center.
Mayor Phillips: Has Mr.` Page mentioned anything more about
9-24-62 Page 3.
Garrett. Avenue, you are still waiting for Wheelock?
City Superintendent Janoe: Yes.
Mayor Phillips This expansion joint for the sanitary plant,
has that been put in yet?
City Superintedent Janoe: No.
Mayor Phillips: Anything new on these two new industries on
IIunziker?
Councilman Woodard: Nothing new, I have not heard anything
about them.
Councilmen Cooper and Woodard talked about the Andi.tor and
the aims of Council in connection with the records which are
presently,;not up-to-date, neither the audits requested nor
the completed posting of the ledgers.
There was further discussion with reference to the Charter,_
it's completion and presentation to the people, by meeting
and printed matter.
There was general discussion with regard to the erronecuG
information presented to the public with respect to the
Retirement Home proposed some time ago and it was agreed
Mayor Phillips would endeavor to have the Vice-President of
Intermountain come to the next meeting to discuss this
matter_further:with him. Councilman Cooper felt however, that
Council should publish the correct story for the consumption
of the people rather than leave the matter stand with the
incorrect facts before them.
The City Superintendent brought before Council the condition
in the Brookside addition. Superintendent Janoe and Council-
man Hanneman discussed the sewer and storm sewer project at
the locations involved and in view of the 'conditions it was
decided to present it to Mr. Carter so he can take it to the
State Board of Health. Mayor Phillips stated there is a
set of sewer and water maps available and;they will be
turned over to Superintendent Janoe.
Councilman rlanneman spoke of conditions at the corner of
S. W. Johnson and Grant and the corrective measures to be
taken to improve letting the traffic have more clear view,
in moving last this corner. Hedge heights :were discussed
as being a factor in improving,,conditions there as well as
tree'projections. ` Councilman Cooper remarked the hedge
height would come under our Nuisance ordinance which states
"Hedges and other shrubbery shall not overhang the side-
walk or 'roadway".
idewalk-or "roadway".
Councilman Hanneman then stat-ea his possjv,; placement of
s
street signs directing trafficplacing "Stop" signs at
various intersections, together with "Dangerous Intersection"
signs: Tigard Development Corporation has been successful
in getting the paving done on Main Street. The State
;proposes to clean off the brush and get it ready for land-
scaping. "What I would do is more or less turn that over to
the Tigard Development Corporation and let them propose 'a
landscaping plan"., Our signs to be placed in the Tigard
9-24-62 Paqe 4..
City limits are black lettering on white background. I
received a call from the West Coast Telephone Company
Engineer regarding our request to get help from them on
paving Burnham Avenue. They asked for-a bid; I have asked
Owen Snyder to give :an estimate to raise that up to the
roadway level and West Coast Telephone indicated they would
consider paying the bill.
Councilman Sitton: An explanatory letter as to the location
involved in the September 19th letter regarding Zone change
should be written as itdoesnot clearly indicate it as
being 12535 S. W. Grant. (The City Clerk has done so.)
I am getting numerous complaints about the Knauss Chevrolet
operation. The body shop operation went in there a short
time ago. What are we going to do about people who are in
the R-7 Zone illegally?
Mayor Phillips: I think it is a little different condition;
Knauss went over there because they had no other place to go.
The place is already actually a commercial'establishment and
Zoned in R-7; what legal grounds could we stand on?
Councilman Sitton: A 'sale of a property was called off by
the interested buyers when they saw the conditions in back
of the house. '
Mayor Phillips: Have they written a letter':
Councilman Sitton: They are in the process of doing that
in the form of a petition.
Attorney Anderson: It is an R-7 Zone and the use would be
C-2,i;body shop, and the use made of the property previously
was not C-2. The matter of pre-existing use does not extend
only 'to the existing owner it 'extends to his successor owner
or any heir. There are some limitations, -the pre-existing
use cannot be enjoyed or made more vast except in the area
of the use.% I think those uses would follow in the business
that pre-existed the Zoning. The measure of night to continue
a non-conforming use that pre--existed Zoning is whether it
is substantially the same use. Where you 'change perhaps from
a grocery store perhaps into some vastly different activity,
maybe hardware or paint; I don't know if that woule go,
Councilman Sitton: What''relationship is there to a distri-
butor of oil to a body and fender shop?
Attorney Anderson Apparently a different use of the C-2
class. An application should be made: for it and grant a
temporary permit. The idea of non-conforming uses is that
at some future time they will become conforming uses. My
thinking is that is an exception or change in the use.
a Councilman Sitton As I understand vou, after the Zonina
becomes effective, 'he cannot progress his business, he can-
not.build it up.
9-24-62 Page 5.
Attorney Anderson: He may not expand his business into
additional activity. He'cannot enhance the lonoevity of
it by tearing down the wood building and erecting a stone
building. However, the law 9.s somewhat open to argument,
we do not have complete interpretation of 7oning by The
Courts. The Supreme Court doesn't tell us nor do they;want
to know.
Councilman Sitton: Now how Flo we go about this
Attorney Andersonq In an approach to Knauss?
' Councilman Cooper: Was a permit ever issued. to do business?
Mayor Phillips: No permit was ever issued because it was
our understandinq it wasn't necessary.
After some further, review of this situation with Attorney
Anderson,Mayor Phillips, Councilmen Sitton and Cooper and
with the information regarding the new construction the
_Knauss people contemplate, Attorney Anderson suggested they
might be approached on the basis of the dissatisfaction of
the neicrhbors and Mayor Phillips said he would see them
tomorrow and inform them of the petition being circulated.
Councilman Sitton added that Rose Festival Floats are being
scared there andrt.torney-Anderson expressed to addresg. a
letter to him stating such,practice is against the law. '
Councilman Sitton"brought up the matter of the oil trucks
delivering bulk oil and spilling 50 to 100 gallons of oil on
the ground which ultimately runs down Grant Street onto
property, destroying grass. Attorney Anderson said that
is trespass.. They are committing a trespass and it is a
private nuisance, it should be:simple` to have that corrected.
It is a matter of a little care and the consignee,of the oil
might well be glad to know he is paying for 50 to 100 gallons
of oilhe isnot getting; there is no justification for it,
you should suggest they correct it.
Mayor Phillips: I will call Knauss first.thing in' t..e
morning and call you (addressing Mr. Sitton) tomorrow night.
Councilmen Cooper and Hanneman discussed the speed of.40 MPH
and 'R, MPH in the school:areas and spoke about the 20',%,.pH
limit through Newberg and Councilman Cooper requested 'k
Councilman Hanneman to explore the matter again with thc:
State.`
Mayor Phillips and:Councilman Sitton spoke about the call
received from a Beaverton employee who offered his servicds
as �a'part-time police officer.' Attorney Anderson advised
you can have a Police Department but you cannot contract,
they must be City employees. The applicant is willing,to
explain his offer to Council. Mayor Phillips stated it will
lnot hurt to 1' ten to him.
9-24-62 Page G_
OEM---- -- - -
Mayor Phillips: We have a Nuisance Ordinance. We all
looked it over, what action is there to be taken?
Moved by Councilman Sitton, seconded by Councilman Cooper,
that we accept Nuisance ordinance Number 62-17. Unanimously
approved by Council.
It"was proposed an amendment be prepared to declare unlawful
the discharge of firearms within the City limits, Attorney
Anderson to preparesuch amendment.
Mayor Phillips Next is the Plumbing ordinance; do you wish
to study it further and report at a later meeting?
Councilman Woodard: ; I would suggest we do so and also that
our charges for inspection should be $2.00 for the first
opening and $1.00 for each additional opening connecting
directly to the sewer.
Mayor Phillips: I think the Council should give thought to ,
the renovation of the Tualatin Fire Department room for a
City Office; they to pay one-half and we to pay one-half
of the heating cost and we;give them $1.00 per year for
lease. Attorney Anderson was asked to prepare the agreement.
I also have a letter from ,the League of Oregon Cities which
I will pass on to Councilman Woodard.
Mayor Phillips then read a letter from the Knauss Chevrolet,
Councilman Cooper; I move that, Council having reviewed
the plans and found them to be compatible with the Zoning
Ordinance, the letter be acknowledged and.,they be advised
to proceed, subject to the necessary building and inspection '
permits Seconded'by Councilman IIanneman and unanimously
approved by the;Council`.
Mayor Phillips:,I received a 'letter from Mr. Seh iken.
Councilman Hanneman: I talked to that man;and I would suggest
his company; find a different representative.
Mayor Phillips: We have a letter from Mayor Terry Shrunk
of the City of Portland; I think our reply should be a
letter of appreciation stating we will support him in
whatever way we can.
Mayor Phillips stated he had a'request to keep a horse
on the property at 12735 S. W. Watkins and notified the party
at interest it would be in violation of R-7' Zoning. If she
wanted to present:'something to Council she could do so by
getting letters from the eurroundingpeople'.
Mayor Phillips: We have prepared the following Proclamation:
OR
9-24-62 Page 7.
"PROCLAP"7ATION OF THE MAYOR OF TIGARD:
Whereas,' a year and more has passed since the,incorporation
of Tigard as, a City of the State of Oregon, and,
Whereas, it is fitting and proper that the incorporation of
Tigard be suitably called to mind and remembered;
"•_ NOW THEREFORE, Pursuant to the powers vested in the Office
of the Mayor of Tigard, Oregon, I, ELTON PHILLIPS, do hereby
proclaim and designate Saturday, the 29th day of September,
1962, as`a day of commemoration, and-I do further declare
that September 29; 1962, be known as "TIGARD DAY
I call upon the people of Tigard to participate in such local
activities as they may deers suitable in celebration of
"TIGARD DAY",,
Dated this 24 day of September, 1962, at Tigard, Oregon.
(Signed) Elton C. Phillips, Mayor, City of Tigard, Oregon".
MayorPhillipsthen discussed the situation at the moulding
Plant; their non-conformity-with requirementsand Attorney
Anderson advised since we have passed an Ordinance we should
notify them in writing that if they proceed further without
proper City authority the hazards are The Court could direct
him toteardown the building.
Mayor'Phillips: I think the City Clerk should make out a
charge to the Northwest Natural Gas Company for $2-50 each
for Grant, Walnut, Greenburg Road and the one on the Elliott
project_
Mayor,Phillips then read his letter of resignation.
Councilman Woodard; I move "that, on behalf of the citizens
of Tigard, we accept with regrets, Mayor Phillips' resignation.
Seconded,by Councilman Hanneman and unanimously,approved by
Council.
Councilman Hanneman: 2 move Lhat Edward Woodard be appointed
Mayor, to fill the unexpired term. - Seconded by Councilman
Sitton. 'Unanimously approved by Council.
Councilman Woodard: I nominate F. J. Cooper as Treasurer.
Seconded by Councilman Sitton and unanimously approved by
Council.
We now have the McCracken Ordinance. Councilman Woodardthen
moved, seconded by Councilman Hanneman, that sae accept'
Zoning Ordinance 62-18. Unanimously approves by Council.
Councilman Woodard, seconded by Councilman Hanneman moved
for adjournment.'
Adjourned at 11:45 P. M.
Resp7tfully sub itted:
.
ITY CL
MAYOR, .C. Y OF-TIGARD.
9-24-62 Page" 8,l
rnr�. rn .... _..
SUBJECT: -
rte to rO ;1CTen • 1
� in
find it
1. VRien 'the 1ry Ltl t[ n -,-,achine s 11 I _r f,e )1.. tel rE.r 7 :T-•< '' in..„i
on the I est � 1 � L.:.; lUll lY r)I_, j Tie i C n
1'e11.1..1.1Y^ al:a't� h_ •r l; r�j;la,^.e .i.t. This lc,-.rIlvt ,3.� J_w_1.,�
2. At tiet r-r >f c^7I-, t7lat
1 ru ti n
tl)e bank on 115 r)roperty W ld be rockod t% even r;r1 l away. 1 i s 1-,-as ncyb
delle r1�t ro:'.7.IR1�C'1' a t'.2� 'i [.c )-lith called ',iiis t) i-he '1n F. .onQ3 at�er]h�.On
v
They again sur r jE .: the ,on,,1ti n 1n?. i,_ J L1L l ua tol T I'I 1. t.E' i n
i,C n ar. o,.
in a few days. Still nothing ing ha, been done an I tank is still c i n„ a,;a yr.
3• 1lel'rspaper articles and zoninC re(,lies-tse:'G^1pL�f�ri.n �Pieir int_ll-AOrs to_landsca _-
is ex'y much in contrast to the unnecessary litter pled on the ,Test 1.dC Of l;^e
buLld'ing. A number o_ 'the residences lace" t?is un ilhtl-
11. :'fielding i._.s.id•e and outside of the building has bec,-rile a seri,)us problem.
a. They have not provided a shield to block out the flashing into the surrounding
homes.
b. This is e--tremely anno ing to ,•her sirlents and ire recom:ieiid a completely
satisfactory shield to elirL nate this condition. This arcing is nerve
r wracking even inside most of the hlmesy 1-eeping`people w.,ake nights.
5. In previous nears they have h):'M some co-opera—tion rr_,th -the nei.gifoors i,rhe.
called upon. Hourever this year no results from calling 'ter n
n by ,_ Sitton our Tigard Ci even Tr;or. personal
contacts � 'r. � F'
City Council Co-ro ]MSISIoner.
6. The noise -from the loud pounding of sheetmetal, dropping of pipes and the dra;ging
of'material from the outside into the building, fir.fine lis hanY er .iii tragi ding or
chains, chipping as well as loud tall:, etc. 'etc., echoes echoes znco the su,�-rounding", homes,
almost every night well past midni-ht, and has become most unbearable. All this
appears to be unnecessary, a
especially after the normal sleeping hours.
It is our opinion that the factory is not abiding by the zoning regulations
adjoining a residential area.
7. This heavy construction, especially outside the building, i.-juld appear to be in
violation; of their zoning perr,Yit. We feel their construction sno::ld be restricted
to ;cork inside the building.
8. We recommend their zoning permit be cancelled until their l
comply vTi til satisfactory
conditions and comply with the type ofrlanufactuzring trlat they 'applied for in
their application for their zoning permit which we Understand ryas for light
industry'.
9. We all agree that this is a major problem to the neighborh.cod but could be easily
corrected and be made to satisfy us, as it is, not our intention to interupt
their n°rural operation, but me feel they are conducting an abnormal operation
-with no consideration _or the residents in the surrounding area.
If your honor and the City Council prefer our complaint to be placed in letter form
and,signed by diose' affected, ive u`dll do iso.
PROCLAMATION OF,THE MAYOR OF TIGARD:
WHEREAS, a year and more has passed since the
incorporation of Tigard as a city oftheState of Oregon,'
and,
WHEREAS, it is fitting and proper that the,incor-
poration of Tigard be suitably called to mind and
remembered;
NOW THEREFORE,
Pursuant to the powers vested in the Office of the
Mayor of Tigard, Oregon, I, ELTON PHILLIPS, do hereby
proclaim and deli--nate Soturday, the 29th da;. of September,
1962, as a day of commemoration, and I do further,declare
that September 29, 1962, be known as "TIGARD DAY". '
I call upon the people of TigarC to-participate
in such local activities as they,may deem suitable in
celebration of "TIGARD DAY".
Dated this 'Y day of September, 1962, at Tigard,
Oregon, ;
Mayor, City ofTigard, Oregon.
i