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City Council Packet - 04/12/1965 TIGARD CITY COUNCIL MEETING: APRIL 12, 1965 AGENDA t 1. Call ;to Order Pledge of Allegiance to the Flag 3. Approval of Minutes 4. Correspondence V 5. Requests from Audience 6. Ordinances (e) Jury Trial Ordinance (b) City Manager Ordinance i 7. Councilman Reports (a) Woodard ❑` (b) Bergmann ti. (c) ;Klock (d) Shinn (e) Kyle 8.. Sewer Line Extension L-18 9. Approval of Seger Extension for Recent Annexation 10. City Parks Rest Rooms Proposal 11. Paying Sills ` 11. City Attorney's Report - Andersson 13. Announcements, 14. Any Other Business To Com, Before Tha Council 15. M4,our nt } TIGARD CITY COUNCIL MINUTES OF MEETING APRIL 12, 1965 Present: Mayor E. G. Kyle; Councilmen E. A. Woodard; F. H. Bergmann; C. E. Klock, Sr., D. W. Shinn and City Attorney F. A. Anderson The meeting was called to order at 7:30 P.M. by Mayo_. '_e who opened the meeting with the pledge of allegiance r'.ayor Kyle asked for corrections, additions or omissions to the minutes of the meeting of March 22, 1965. None being offered the minutes were ordered to stand approved. Mayor Kyle then asked if there was any correspondence to be brought before the Council. Councilman Woodard: I have a letter from Mr. Meigs of Stevens and Thompson, regarding the Beaverton-Tigard Highway. (reading letter) This letter should be turned over to the Planning Commission for further study. Councilman Shinn read a letter from Lionel Domries`protest- ing lack of police protection., Councilman Shinn will check into the incident and report to Council. Councilman Klock: Sometime ago,we received a compl« r. about a house trailer parked on a lot in' a residential zone. I cannot .find any,specific ordinance which states that I can do anything about this complaint. Situation was discussed by Council, Attorney Anderson, Mr. Donald Roger (neighbor next to parked house trailer).. Attorney Anderson suggested a letter be written to the owners of the house trailer advising them that a complaint has been registered. Also he will check into the ordinance as to the .use of the trailer as a residence. Mr. Poulin (from audience) requested the City post City limit and speed signs on S.W. Pacific'Highway<in the newly;annexed area. Councilman Woodard reported the Highway Department will reduce the speed limit to 40 mph. Mayor Kyle: Our Municipal Judge requested that we establish an ordinance concerning jury trials. Attorney Anderson briefly explained the ordinance after which Mayor Kyle asked the City Recorder to read ordinance 65-6 three times by title only. Page 1 4-12-65 Ordinance 65-6 was then read three times by title only being AN ORDINANCE PRESCRIBING PROCEDURES AND FEE'. REQUIR<:MrNTS FOR TRIAL BY JURY IN CRIMINAL CASES IN THE MUNICIPAL COURT OF THE CITY. OF TIGARD, AND DECLARING:AN EMERGENCY, Councilman Klock: I move Ordinance 65-6 be adopted. Motion _seconded by Councilman Bergmann. Roll call of vote resulted as follows: Councilman Woodard, AYE; Councilman Bergmann, ' AYE; Councilman Klock, AYE; Councilman Shinn, AYE; Mayor Kyle, AYE. Mayor Kyle: We have another Ordinance to hold an el=7tion for a City-Manager type government. If there is nc _..:....,tion we will have. the City Recorder read ordinance 65-7 thre "rimes by title only. Ordinance 65-7 was then read three times by title only being AN ORDINANCE AUTHORIZING AND APPROVING AN AMENDMENT TO THE CHARTER OF THE CITY OF TIGARD, OREGON BY ADDING A NEW SECTION TO BE NUMBERED "SECTION 9A" OF CHAPTER III, ESTABLISHING THE POSITION OF CITY MANAGER, AUTHORIZING THE CITY COUNCIL TO FIX THE COMPENSATION AND PRESCRIBE THE DUTIES OF THE CITY MANAGER, CALLING A''SPECIAL ELECTION AT WHICH THE PROPOSED CHARTER AMENDMENT SHALL BE SUBMITTED TO THE VOTERS OF THE CITY OF TIGARD, AND DECLARING AN EMERGENCY. Councilman.Woodard: I`move we accept Ordinance 65-7. Motion seconded by Councilman Bergmann.' Attorney Anderson explained the content of the Ordii. ^r to Council and asked that a date for the special election''. n set also the names of the election board be selected. City-Manager typo of government and qualifications for a City Manager was discussed by all members of the Council and Attorney Anderson. Councilman Bergmann: I move we.table Ordinance 65-7 until our next scheduled meeting and in the meantime we could discuss the possible election date and also the individuals to fill our election board. Motion seconded by Councilman Klock. Upon call for vote the motion was unanimously approved by Council all members being present. Mayor Kylem We will now have Councilmen reports. Councilman Woodard; In regards to the parking on Pi ,?'-;ay 99W, I had a meeting with Mr. Huntley of the State Highway Dept. (reading letter with respect to no parking on Highway 99W and Highway 7217.) I would move we bring the Ordinance back and accept it. The State Highway recommends we prohibit parking there, and make a right hand turn lane. The State would cut off a portion of the corner so it would be better " for turn movement. (I have sent the State`Highway Department a copy of the Ordinance and if passed they will go ahead and make the change, Page 2 - 4-12-65. Ordinance was discussed by Council. Councilman Shinn requested the petition previously submitted protesting the no,parking ordinance be read. ' Councilman Shinn then seconded the motion and upon:call for vote the motion was unanimously approved by Council all members being present. Mayor Kyle. if there are no objections by Council we will have the City Recorder read ordinance 65-8 three times by title only. Ordinance 65-8 was then read three times by title only being AN ORDIV NCE AMENDING AND SUPPLEMENTING SECTION 21--r +'?ARK- ING REGULATIONS) OF TRAFFIC ORDINANCE NO. 63-15, AS ____. :'_)ED BY TRAFFIC ORDINANCE NO, 64-15, TO REGULATE PARKING ON 7;3E NORTHEAST QUADRANT OF THE INTERSECTION OF HIGHWAYS 217 and 99W. Councilman Woodard; I move we accept Ordinance_65-8. Motion seconded by Councilman Klock. Councilman Bergmann suggested the footage requirement would be in excess of what is actually necessary to provide a right-hand turn lane. Roll call of vote resulted as follows: Councilman Woodard, AYE; Councilman Bergmann, NAY; Councilman Klock, NAY; Council- man Shinn, AYE; Mayor Kyle, AYE. Mayor Kyle: The motion will be read the second time at the next regular City Council meeting. The motion failed to pass because it was;not unanimous.' Mayor KylesWe have another Ordinance to'come before the Council. If there are no objections, from the Council we will° have the City Recorder read the Ordinance 65-9 three times by title only. Ordinance 65-9 was then read three times by title only being AN ORDINANCE SETTING HEARING WITH RESPECT To PROPOSED ANNEXATION<,OF LANDS OF SCHOOL DISTRICT No. 23, WASHINGTON COUNTY, OREGON, IN THE 'NORTHEAST QUARTER OF SECTION 1, 'T2S, R1W, ''W.M., 'WASHINGTON COUNTY, OREGON, AND DIRECTING GIVING OF NOTICE THEREOF. Mayor Kyles It is recommended that the public hearing be set for May 10th, 1965. Councilman'Bergmann: I.move we accept Ordinance 65— Motion seconded.bv Councilman Klock. Roll call of vote resulted as follows., Councilman Woodard, AYE; Councilman Bergmann, AYE; Councilman Klock, AYE; Ci�uncilman'Shinn,. AYE; Mayor Kyle,', AYE. Page 3 4-12-65 Cburicilrian v1,.odard: When M ntgomery Ward came to install the fence on Johnson Avenue they wanted to add $39.00 for travel expenses. tie went to Sea s and Roebuck and they are going f _ to 'install 70 feet of fence for $84.60. i Mr. S"nyder is going to repair Brookside Street and I also want to report the semi-trailers are still parked in back of the oil compauy. with regard to the storm sewers on Greenburg Road, the County told me they want to put a 14 inch line under the road and that they will furnish the catch basins and want to continue the rest of it on down 162 feet. They would place the pipe providing the City would pay for;the pipe. The pipe will cost $2.00 per foot. The old 12 inch line comes under , riveway near Chet Klock's place, goes underneath the church a. `c�vn to Ed Miles place. That is plugged. The ten inch line that goes down on the apartment side balongs to the church and it is private property and the County says it is not big enough to take the water. They would like the 14 inch line to go along the edge of the church property providing the church will give an easement to go through there. I am wondering what happens from there to Center Street. The problem was discussed at length by Council and Attorney Anderson and it: was agreed to have the City Engineer study the storm sewer and bring back a report. Mayor Kyle; S think we can table this until Mr. Meigs can investigate. Councilman Bergmanna I would like to bring to Coun,7" °s attention that we have amended our time deposits in sl.,, ,.ja expansion funds to have funds available for the progress payments as they come due. All the expansion money in time deposit will have been withdrawn by; June lst, in adequate time to make our payments to .the contractor. it is time that we set our first budget meeting :and I move that the budget meeting be set for May 3rd, 1965, 7030 P.M' Council Chambers. Motion seconded by Councilman` Klock'. Upon call for vote the motion was unanimously approved by Council all members being present. ' Councilman Klock: We have a;problem right now and I believe wewill have to have an Ordinance prepared in regard to a person who might build without a permit and in a wrong zone type of structure within an area. The person will have to be cited, and a,stop work order issued. The person will have to have it rezoned and,we will have a structure that 4s partially built. we have to pay our inspector $5.00 per hour there is a lot of work involved. I would like, if the Counczl approves, to have an Ordinance drawn indicating that where- ever any structure is built'without a permit, and it is necessary to ^review: the structure,to see whether it can receive 'a permit, Page 4 - 4. 12=65 We would have the minimum of a $25.00 fee for such an inspection. it would be possible that some of these would cost us a lot more than $25.00 so 1 think somewhere in the ordinance we should seta minimum and maximum fee. Attorney Anderson_stated he would review the Building ordinance and work out something of that nature. Councilman. Shinn read the report from Chief of Police Batchelar for police activities for the.Month of March. Mayor Kyle: The Sewer plant tas requested that they :• allowed to build a storage shed, of which no plans were su., _;, _ 3, and stay within the $1,500.00 limitation.' Councilman Klock: I would prefer to see the plans to see what they are going to build. Mayor Kyle: We also have a pump at the sewer plant that is no' longer'of any use to us, along with some scrap iron and other miscellaneous material and the Plant Engineer`has `re- quested permission to sell this equipment. It would be my recommendation that we advertise this and take the highest bid. Councilman Woodard: I move we allow the Plant Engineer to advertise this 'material. Motion seconded by Councilman Bergmann: Upon call for vote the motion was unanimously approved by Council all members being present. Mayor Kyle: Our part-time man at the plant has extra '_:imp because of the expansion program and'I would like authority at this time to utilize him insomeother duties 'around the City, perhaps he can help Councilman`Woodard in his department. if there are no objections I will take care of it. The Plant Engineer has requested the Council set a limit on how much a department`head may spend without Councilman's O.K. councilman Klock- I move we establish a limit of $100.00 a city employee (department head) may expend;without Councilman's approval. "Motion seconded by Councilman Woodard. Upon call for vote the motion was unanimously approved by Council all members being present. Mayor Kyle: I have been requested by the Fire Chief of the Tualatin Rural Fire Department to hold a meeting wit- '.he City Council to explain the program of the Tualatin iteral Fire'Department. Council decided to meet Friday ncon,`April:l6th. Page - 5 - 4-12-65 Mayor Kyle: I have a letter from Stevens and Thompson (reading letter regarding extension of Sewer Line L-18) . Councilman Klock: I move we accept this sewer line. Motion t seconded by Councilman Woodard. Upon call for vote the motion was unanimously approved by Council all members being present. Mayor Kyle: As you are aware, in our recent annexation, we had previously received preliminary plans for the sewage system which will go up the Pacific Highway annexation area. I would like to have the Council authorize the City Engineer to prepare a final plan for this sewer and bring it l .-fore the Council. Councilman Woodard: I move we ask the City Engineer to pre- pare an engineering sketch for the sewer extension on the recent annexation. Motion seconded by Councilman Bergmann_ Upon call for vote the motion was unanimously approved by Council all members being'present. Mayor Kyle: , We will now have the paying of the bills. Councilman Woodard: I 'move we approve the paying of the bills as presented. Motion seconded by"Councilman Klock. Upon call for vote the motion was unanimously approved by Council all members being present. Mr. Lynn Miller-(from audience) We have a group south and east of the recently annexed area which,includes the PresbyterianChurch and they are interested in`annex.,s- to the City of Tigard. We are hoping you will consider thi's when you conduct your >engineering 'study 'to extend the sewer line. We hope to have our petition ready; by your next meeting. Councilman Bergmann: `I would like to have Council's permission to ask the City Attorney to amend the Business;License Ordinance to provide for the:year to be broken into quarters rather than half year. If someone opens a business"during the last three 'months 'of our fiscal year we could charge for 3 months instead of six. Mayor Kyle: If there is no additional business to come before this Council I move the meeting be adjourned. Adjournment taken at 9:15 P.M. Respectfully submitted,' ATTEST Mayor City Recorder P em Page 6 - 4-12-65