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City Council Packet - 10/08/1962 T I G 'A R D CITY COUNCIL MINUTES OF MEETING, OCTOBER 8,-1962. Those present; Mayor Woodard, Councilmen Hanneman, Sitton, Cooper and'Atturney Anderson. Mayor Woodard called the meeting to order at 7:30 P. M. and requested reading of the Minutes of the Meetine of September 24, 1962. Minutes of the Meeting of September 24, 1962 were then read and upon call, therebeingno questions or 'corrections, the Minutes were ordered approved as read. Mayor Woodard then acknowledged the presence of a number of visitors in the Council Room and'suggested if any wished to present anything to The Council, they could so proceed at this time. Mr. Wally Johnson of,the Tiger Oil Company explained his position to the Council on the occupancy by the Knauss Chevrolet of his building. His explanation was offered in response to complaints which:had been registered with Council. Councilman Sitton raisedsomequestions with Mr. Johnson. There was some little discussion between them, not requiring any'action by Council - Mayor Woodard: Do any of the other citizens have anything to present to Council? -- Mr. Kyle, Secretary of the'Junior Chamber of Commerce, read a letter addressed to the Council requesting information with respect to the procedure to be followed by;candidates for election to the Council and the required qualifications Mayor Woodard: Is there anyone else who wishes to present something to Council? We have two Zone changes to take up tonight, one is for the Safeway up at Lomita and one on S. W Grant Street between Johnson Avenue and McKenzie. Mr. Hutchins, do ,you want to talk on this Zone change on S.-W. Grant? At this time Mr. Hutchins presented his case for the Zone change. Mayor Woodard, after Mr. Hutchins spoke, advised him' there was a petition signed by 15 persons presenting their position against this _Zone change and also letters from St. Anthony's Church; Mr. R. C. Moore; C. L. Woodard; Mrs. Neil Brandt', E. A. Woodard and Mrs. Theresa Lexa,' all of whom placed their objections'before Council, to this proposed Zone change Mayor Woodard: we have another Zone change request from R-7 (Residential) to A-2 (Multiple Dwelling) on property located t between Lomita Avenue and Highway 0217, in the rear of the Tigard Shopping Plaza, also known as.rear of Pacific Mobile Park;t in Tigard_ go There were several citizens from the 'audience who voiced their" disapproval of the presentation of this requested Zone change,' principally;due to the Pact there was no adequate description 10-8-62 - Page 1. ' MENEM 8 nor indication of the type of buildingsto be constructed at this location. An expression was made by Attorney Anderson that City Council had as it's purpose of the hearing on the .,one change, to find out the people's reaction and if Council feels it is the people's wish not to havc this change then tliey will not permit the change.. However, in the discussion which followed, entered into by several citizens as well as Councilman `Sitton,Mayor Woodard, Councilman Hanneman, it was pointed out by the members of Council that no protests had been made, in writing, with respect to this Zone change. Mayor Woodard advised, Council would decide on the matter of whether the request for Zone change should be sent back for additional information and Mayor Woodard indicated this would be the most likely position Council would take. Attorney Anderson:The matter of protest or support for a Zone change is only`a part of the aspect,of determining whether iL :should be approved or not; the"suitability of thelandand - what'it means to the surrounding area; whether the people are for or against and also perhaps should consider the need for that type of classification. You would not want $he City to be composed of all multiple dwellings nor all -R-7, you would want a well planned City. You are not bound to do any one thing, you can deny it if you think it is not best for the people or approve it if you do. The applicant is not bound'to build according to any particular plan. When he gets a .'Lone change he can build anything that comes within A-2. I-think you should calibrate it according-to what he is goincr- to build, as long as he builds within the use definition of the A-2. When he comes with his plans to get a.building permit then I do°not think you can deny it if he is doing different than what he said, you must deterwdjia whether A-2 is the proper use of that property, all things, considered. You should develop all the things necessary to make your decision, it would give you some detailed idea of how this property is adaptable to the A-2 they;proppse to build. : Mr. Harper spoke with respect to connections at the Methodist Church and requested information as to what it was going to cost to connect. Mayor idoodard advised Mr. Harper they would check the letter and let him know that the price would be for the connections. Mayor Woodard: Are there any other matters to bring before 'the Council,iif not, we will hear from Councilman,Hanneman. Councilman Hanneman: Do we need an Ordinance to post signs in the City, other than speed limit signs and signs as authorized by the County.; Regulatory signs, directional or control signs; I refer particularly to "No Parking", and so forth. Attorney Anderson: Wherever the sign .has a police;requirement. - A "Caution" sign might be different. Where you say ,blo Parking" we must be covered by an Ordinance to cite the "Book, Verse and Page". Speed limits' in residential recta,ons, we are covered by Code. Many cities adopt the State Code. The City cannot legislatedifferently than is already legislated by the te. You should have an Ordinance. Would these be in particular:relationship 'to the streets? 10-8-62 - Page 2 70 Councilman Hanneman: Yes; on tha°No parking, it would be the West side of Grant Avenue between Johnson and Walnut and the South side of McKenzie, generally between Grant anc? Highway 99. Attorney Anderson: By defining it that way you would have no trouble preparing an Ordinance. Councilman iianneman: I would like to make a motion that, we have the Attorney draw up an Ordinance for these ,No Parking" signs. Seconded by Councilman Sitton and unanimously approved by Council. Councilman Hanneman: - (Addressing Attorney Anderson) I shall describe it in a letter to you. Councilman Hanneman: Eve have purchased approximately $262.70 worth of barricades with flashing lights and flags and a flashing amber light for the City Superintendent's truck. --These were purchased on the spur of the moment without d_is- cussion'with the Council; the .salesmanwas out here with a price that amounted to about one-third of the regular retail price and I directed the Superintendent to purchase that from the sign company. I would like to make a motion we accept these expenses for these barricades and lights. Seconded by Councilman Cooper and unanimously approved by Council. Councilman Hanneman: Relative to another order to come up for signs is the Court order authorizing ,stop" signs at Grant Avenue on S. W. Johnson, mating S. w. Johnson a "Stop". street both ways as it enters Grant Avenue. Also included in this Court,order is the authority to establish a "Dangerous Intersection" sign on Grant Avenue for south-bound traffic at Johnson Street. I have prepared an order for fabrication by Traffic Suppl `Company to furnish "Dangerous Intersection signs, some' "De End" signs, several need replacement and some that should be added; the 8' 'No Parking signs for Grant and McKenzie and 5 °'City Limits" signs. The signs, the "No Parking signs are a special; I don't have the sign cost prices; I do have the sign cost prices for the "City Limits" signs, ;the 5 ,signs there will be $47.70 plus freight. I would guess that this;order would sun less than $100.00 for all these signs mentioned. The "City ,Limits" signs, are 24" x 30", steel, black'on white arl would like to have a" motion to order these signs. Councilman Cooper: I move councilman Hanneman be given authority to order these signs as requested. Seconded by Councilman sitton and unanimously approved by Council. Councilman Hanneman: The Tigard Development Corporation, 10-8 the improved access to Tigard, has come to a conclusion 0-8-62 and is approved to be sent to the State. I have, the plans 3 here from the Engineer and the procedure is to submit it to the State Hiqhwav Commission, who in turn will turn it over to the'.State Highway Engineer. It is simply a proposal, it can- not be considered any definite plan. The 'State merely wants an idea and a report submitted to them; for their criticism. They will take"that plan and report and revise it to suit what they think is necessary.'; They w?ll call upon ua to accept or Ireject their proposal, if' it ever comes to an end result. The estimated cost,of this is MQ,000.00. What it amounts to is the new access lane to come`ofi of 99W at 10-8-62 - Page,3 approximately Greenburg Road to pass down approximately half- way in elevation between the Highway and Center Street; actually cut into the bank_ and this proposal, this indicates hour that would turn into Commercial Street and bring traffic into down- town Tigard. The State would want to plan this out in the particular way it will affect the flow of traffic. I gave the Mayor copy of the report, it has not been distributed further. Mayor Woodard: To me it seems like an awful big expenditure for what little I think we are going to get out of it. To me it would seem you could put a fill in there, put a pipe line and still have the drainage for about a thousand dollars, I can't see any reason for this overpass myself. Councilman Hanneman: Since the money is not available, it would have to come from State:and Federal Funds. I believe it is safe enough to pass this on to the State for what it -is worth. It should not do any harm so far as the City is concerned to let the State know we are thinking of our problems here. I can_t' say-anything as to the possibilities - of what the State will do. I suggest this report be held until next meeting, giving Councilmen Sitton and Cooper a chance to read this report. Mayor Woodard: It would be a good thing for both of these gentlemen toreadthe report and hold it over; until the next CouncilmanHanneman: The Tiaard Development Corporation is paying for all the cost up to this time. Another matter ,I have here is the project I was going to 'take on with property owners on Lincoln Avenue,by getting acceptance of the street by property owners. I am going to ask the City Clerk to mail letters to the 12 or so property owners on the;private end of S. 'W. Lincoln Avenue and what is proposed there is (at this point Councilman Hanneman read his proposed letter to the Council) . Mayor Woodard: Is that legal? Attorney Anderson: I think so, simply as a voluntary proposition. Councilman Hanneman: I feel it is the only way to get 'away from some of the extremely poor conditions we have in the'City on privately maintained streets. I understand there is a property owner who will give the City.20 feet. Mayor Woodard: I talked to this man Keesling; I`think we should both go down there and talk to him.` If we get a title to this 20 foot strip,is it okay to take it? Attorney Anderson: If he wants to deed or make an easement, ' there is no trouble in:the City taking it. Councilman Hanneman: .That person would have to be on the same cooperative basis as Keesling. I am going;on the assumption if there was something other than paving; ;the street could have a grade in there and if necessary tie it into the store sewer` on Lincoln Avenue and have the run-off there. I received a 10-8-62 —Page 4. letter from the West Coast Telephone Company offering a settlement for payment of the depressed line we have alone- the Burnham Avenue == to ^axing_ The effer came- to me before I got around to getting, an estimate of cost. I lather suspect thftt the cost that was figured from our own was considerably higher than what West Coast Telephone isoffering. There followed co si.derable discussion between Councilman Hanneman and N,r. `y Snyder regarrli.ngthe cost figure. Councilman Hanneman stated, since there is such a aide diff- erence I will inform. West Coast: Telephone Company what our cost is going to be. We did not ask them to come and look at the ditch before we paved it. Mayor Woodard:- Attorney Anderson must leave soon so I reenest hebeheard from at this time: Attorney Anderson: On the Plumbing Ordinance; I gave each of you a'copy, -except the form of bond, which I'propose to attach to that Ordinance. Section 2, on page 3 s';iould be inserted the amount of the bond, namely, $1,000.00. ' Section 10, page 3, there-should be inserted the following: "a. Minimum fee of $2.00; b. A further additional sum computed at the rate of $1.00 for each sewer opening in excess of one, including openings for additional basins, urinals, sinks and other' facilities and devices which discharge into the sewer system." Attorney Anderson: ' I assume you will want to enact that Ordinance. Motion by Councilman`Hanneman,-seconded by Councilman Cooper; that we enact Ordinance 62-19, known as the Plumbing Ordinance. Unanimously,approved,by the Council. Attorney Anderson: The next matter is the matter of the forth- coining election. There is supposed to be two City measures on the ballot; one is the matter of the Charter and the,second is the matter of the proposed tax base. In order to get the measures on the ballot at this time we have to have an Ordinance prescribing procedures by implementing the Initiative and Referendum provisions. The reason is the State requires measures of this type shall be filed 60 days before election, however, that time may be shortened by special procedure of the City.'' I have prepared an Initiative and Referendum Ordinance. This is in model form, I don't claim originality with this, I adapted it to the City of Tigard's problems and it does conform to the normal procedure for such action. Motion by Councilman Sitton, seconded by Councilman Hanneman, that Council accept Initiative and Referendum Ordinance, to be known as Ordinance number, 62-20. Unanimously approved by Council. Attorney Anderson: Consistent with the proposal to refer tna_ two measures to the people, there is needed a Resolution Confirming Scheduled General Election: providing for the 10-8-62 - Page 5. i submission of City measures to the legal voters, prescribing ballot titles and requiring giving of notice; Kill re,Tuire�StJ�rCEST this Resolution to be approved at this meeting. The County Clerk's office, as Reg3'trarr, of Elections has made the Citv boundaries, also the fiesent}boundaries, there will not be anyone who votes in Tigard except Tigard City people who vote on National, State, County and City matters. We will furnish the ballots. The regular election board will also,handle these ballots. The results will be announced by the County Clerk. We will have no election board, This Resolution is offered for your consideration and if you approve, to be passed, to place it before the people, the two measures, one is the proposed. Charter; the second natter is the tai; base. After some short exchanae of ideas among the Councilmen, the tax base was set at $15,000.00 and Attorney Anderson instructed the $15,000.00 figure to be inserted. Motion by Councilman Cooper, seconded by Councilman Sitton, that we approve and accept the following Resolution. Unanimously approved by Council. "RESOLUTION CONFIRMING SCHEDULED GENERAL ELECTION: PROVIDING FOR THE SUBMISSION OF CITY MEASURES TO THE LEGAL VOTERS, PRESCRIBING BALLOT TITLES AND REQUIRING GIVING OF ,NOTICE: WHEREAS, the City of Tigard, Oregon, was incorporated in 1961 pursuant to Chapter 21 Oregon Revised Statutes and '.has here- tofore operated eretofore'operrated under the general statutes of the,State of Oregon without "a charter; and WHEREAS, the people of the City of Tigard are authorized by the statutes and constitution of the State of Oregon,to take unto'themselves `the benefits of Home`,Rule and local control through the adoption of a municipal charter; and WHEREAS, the Council of the City of Tigard, having duly considered various proposed charter provisions, and having found that with adaptations the model charter for the mayor-council form of municipal government as drafted by the League of Oregon Cities and the Bureau of Municipal Research is suitable to the needs of the Citvjof Tigard, Oregon, for a ` charter; and WHEREAS, the City of Tigard, (Oregon, has no established tax base under Section 11, Article XI, Oregon Constitution, and the health, peace and welfare of the people of the City require that the question of establishing a tax base be submitted to the legal voters at the earliest date possible; NOW, THEREFORE, BE IT RESOLVED by the Council of the CITY:OF TIGARD, OREGON: (a) That the T9911lar election scheduled within the City of Tigard and elsewhere throughout the State of Oregon for'November 6, 1962, b e, and the same is hereby, designated,' ^f^_med _nd ratified ag a ioneral cct at three councilmen for the City.of Tigard shallbevelected - the two receiving the highest number of votes shall hold office for four'years, and the remaining one shall hold office for two years - and whose;terms of office shall begin at the first Council meeting in the Year 1963; 10-8-62 - Page 6. ' (b) That the question of adoption of a charter to provide for the government of the City of. T.igarc?, Oregon, according to the provisions of a proposed. enactment hereto attached and by reference made a part hereof, tobeknown as the CITY'OF' TIGARD'C.IARThR'OF 1962, be,and the same is hereby, submitted to the legal voters of the City at the general election to be held within the City on the Gth day of November, 1962, between the hours of 8:00 a.ri, and 6:00 p.ni(, to be voted upon at the precinct voting places wAhin the City designated by the County Clerk of Washington County, Oregon. (c) That the ballot title with respect to sai,'. charte:- measure hereby submitted to the voters be, and the same is hereby, adoptedin the,following,style: CITY OF Tlrn_r.,n CHARTER PROPOSAL 1962 (d) That there shall be slabru.tted to the legal voters of the City of Tigard at the election hereinabove scheduled to be held within the City of Tigard on November 6, 1962, between the hours of 8:00 a.m. and 8:00 p.m., the question of establishing a tax base for the City of Tigard in the amount of $15,000.00, there being no present to:c base for said City, pursuant to Section 11, Article XI, Oregon Constitution. (e) That the ballot title with respect to the question of establishing a tax base is hereby adopted in the following style: CITY OF ....�..i.TJ ICA, T- TX BAGS PROPOSAL (f) That the City Cleric be, and he is hereby, author- ized and directed to causetobe published in one issue of the Tigard Times, a newspaper of general circulation within the City of Tigard, Oregon, within twenty days immediately prior toNovember 6, 19(72, ;the City ,of Tigard charter of 1962 in full, together with the ballott title and number, and the City Clerk;is furtherdirectedto give notice of the election within the City of November 6, 1962, and of the measures hereinabove stated being, submitted to the voters by the,City Council, by posting notice thereof, .one within each voting precinct within: the City of Tigard;as established by ;the County Clerk of Washington County,: Oregon, not 'less than ten days priorto November 6, 11962, and by;publishing said notice once each week for two consecutive weeks, the first publication to,be not less than ten days prior to the date of said election. (g) ' That the Citi' Attorney be, and he is hereby, authorized and directed to cause to have prepared- an official ballot with respect to the can6idacies and measures to be voted upon at the election of November 6, 1962, ane the City Clerk be, and he :is hereby, directed to cause to have a sufficient number of ballots printed and to cause to have published in one issue of the Tigard Times not later than the 'fourtiz day, nor earlier than the 15th dal, prior:to 14ovember 6, 1962, a facsimile of a sample ballot conforming to the official ballot' except as to size, color', and labelled "SAMPLE BALLOT". Cmuncilman Hanneman: I 1,7oul like to have a motion for Owen ME il Snyder to do the patch work on-the lower encs of Lincoln Avenue, the County portion. Motion by Councilman Sitton: I will make the motion to'patch the lower end of LincolnAvenue, the Countv portion, to be patched at a cost to be under $300.00, the patch work to be done inunedIiately. Seconded by Councilman Cooper and unanimously approved by the Council. 10-8-62 - Page 7. Councilman Sitton: I have nothing to reuort. Councilman Cooper; I think we have a.cood chart9r_ Mayor Woodard I'hope the people take it as good as we do, Councilman Cooper, I.ayor Woodard. and Councilman Hanneman spoke about having the Vice President of Intermountain Securities present as soon as possible, at as wide oven a meeting as can be arranged. Mayor Woodard: I will leave it up to Councilman T3anneman to arrange to have him hore and to have the press present. Councilman Hanneman I want to authorise the City Super intendent to purchase' the cedar posts _so he can put up t•-ie signs. 'Get 12 foot posts if you can; they should perhaps be buried 3 feet. Mayor Woodard: - I would like to hear a motion on accepting the contract for the sanitary sewer on the Mariel sub-division, the bid was $2183.00 Councilman Hanneman: I will make a motion we accept the bid of $2183.00. Seconded by Councilman Sitton and unanimousiv approved 'by Council. Mayor Woodard: We have another bid on Hunziker Road; the low bidder was System Construction Company at $4,434.00. There were two other bids, one from ployd E. Prentice,$4,478.00"and the other from Bunyard & Pettit, $4,767.00. The bid of $4,434.00 will be reduced to $3,100.00. They will go as far as they can with the $3,100.00 and'quit. ; Councilman Sitton, I make a motion that we accept the System` Construction Company bid on this job. Seconded;by Councilman Hanneman and unanimously approved by Council. City; Superintendent Janoe: That is on a unit basis? Mayor Woodard: Yes. There followed some discussion of the request made to prepare a letter to Intermountain regarding the Luzon Park premises. Mayor Woodard read the letter he had received and stated the purpose was to get a loan so they could go ahead. Councilman Hanneman and Ccincilman`Cooper spoke against writing any letter of recommendation. Mayor Woodard stated he would forget the;matter. Mayor Woodard then read the City Superintendent's report and recommended that he proceed to haul away 12,000;gallons from ;the digester. Mayor Woodard then read the City PM Superintendent's Building report on permits and the Zone change report. The question of charge for connections at the Methodist Church was brought up and after considerable discussion it 10-8-62 was decided Mayor:Woodard should inform them it was the Page 8 agreement of Council their cost is on the basis of the commercial rates as established. Mayor Woodard stated he has a letter from the Pacific Equipment Company complimenting us on the Plumbing Ordinance. Also a letter from the League of Oregon Cities with reference to their Convention in Portland, November 14th to 16th. The consensus of opinion of Council was it would be a gooa thing to have someone attend.< On,the Sellilcen letter, Mayor. Woodard and Council agreed a letter be sent him to the effect that other business precludes taking up this matter at this time. Mayor Woodard: I would like to hear a motion from the floor in regard to a meeting of the Pollution Control Board. We have always sent our City Superintendent every year. The cost is $70.00 expenses. We still have $150.00 budgeted. Councilman Cooper: I move Mr. Janoe be sent to this Convention. Seconded by Councilman.Sitton and unanimously approved by Council. Mayor Woodard: I will a4he City Clerk to prepare a check for $70.00 whenever he is ready to go. I have a letter from the Chamber of Commerce,with respect to Christmas Decorations. Are there anv obiecti.ons? Councilman Hanneman: No,; but I think they ought to at least recognize the Chair. Mayor Woodard: That's thesecondtime they did that. N,avor Woodard: We now have the Zone petition from P.-7 to C-2 on S. W. Grant between McKenzie and'Johnson. What is the action of Council? I`have various letters objecting to this change as well as the petition signed by 15 people, that takes in everyone i+he neighborhood. Councilman'Sitton: I will make a motion that we deny the request for this Zone change. Seconded by Councilman Cooper.' Unanimously approved by Council. Mayor Woodard then read"the-bills and as presented they were approved for payment. Councilman°Sitton, seconded by Councilman Cooper moved for adjournment. Council adjourned at 10:30 P. M. Respectf ly;submitt d: ATT Clerk. f Y Mayor, City of , igard, -Oregon.