City Council Packet - 10/09/1972 f, ------------
k
TIGARD CITY COUNCIL
REGULAR MEETING
OCTOBER 9,'1972, 7:30 P.M.
CHARLES F. TIGARD GRADE SCHOOL
ADMINISTRATION OFFICES
AGENDA:
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4 APPROVAL OF MINUTES, September 25, 28, 1972
5. WRITTEN COMMUNICATIONS'
i
6. APPROVAL OF BILLS: $53,828.5t'
7. MONTHLY REPORTS -
i
(a) Administration
(b') Buildinq
(c) Finance
(d) Library
(e) Police
(f) Public Works
8. ORDINANCE No. 72-_ AN ORDINANCE REPEALING ORDINANCE No.
72-19 ADOPTED HY THE CITY COUNCIL ON
MARCH 13, 1972, INCREASING THE COMPENSATION
TO BE PAID by &JRTLAND GENERAL ELECTRIC
COMPANY, AN JRP:C{>N CORPORATION, FOR
FRANCHISE PRIVILEGES PRES::RIBING AN
EFFECTIVE: DATE AND D11CLARING AN -EMERGENCY.
(a) Recommendation of City A9ministrator
9. ORDINANCE No. 72-_ AN ORDINANCE GRANPING P('RTLAND GENERAL
ELECTRIC COMPANY, AN ^REGON CORPORATION,
ITS SUCCESSORS A?�D A:::;TGNS, FOR A PERIOD OF
TWENTY (20) YEAYS FRCN, AND AFTER THE
EFFECTIVE DATE. U'? THIS ORDINANCE,THE
RIGHT AND PRIVILEGE; '110 ERECT, CONSTRUCT,
MAINTAIN AND OPE:±A1'E.' WITHIN THE CORPORATE
LIMITS OF TIGARD, OREGON, AS SUCH LIMITS
NOW EXIST OR MAY BL• I±3REAFTER CONSTITUTED,
AN ELECTRIC LIGHT A.J., POWER SYSTEM WITH THE
POLES, WIRES, FIXTU<.''', UNDERGROUND CIRCUITS,
AND EQUIPMENT NFCEISSARY OR CONVENIENT TO
SUPPLY SAID CITY AND 'PHE•' INHABITANTS
THEREOF AND OTHERS WITH E.LtECTRIC ENERGY
FOR LIGHT, POWER AND OTHER PURPOSES, UPON,
OVER, ALONG, UNDER ANr) ACROSS THE STREETS,
ALLEYS, ROADS AND OTHER PUBLIC WAYS AND
PLACES WITHIN THE CORPORATE LIMITS OF SAID
CITY; FIXING THE TERPIS AND CONDITIONS
THEREOF; PROVIDING FOR AN EFF C'PIVF DATE
AND PRESCRIBING FOR TH'r: REPEAL OF ORDINANCE
No. 62-5 AS OF 'PHE EFFEUTIVi: DATE HEREOF,
AND DECLARING AN EMERGENCY.
(a) Recommendation of City Administrator
I
r
s_
10, ORDINANCE No, 72- AN ORDINANCE .AMENDING SECTION 1 and 2 OF
ORDINANCE No� 72-45 (which amended Ordinance'
No, 72-3 and 71-38); BY EXTENDING THE PERIOD
DURING WHICH THE TEMPORARY MORATORIUM FOR THE
ISSUANCE OF BUILDING PERMITS SHALL REMAIN IN
EFFECT; PRESCRIBING AN EFFECTIVE DATE AND
DECLARING AN EMERGENCY
(a) Recommendation of City Administrator '
11 ORDINANCE No. 72- AN ORDINANCE GRANTING TO PACIFIC NORTHWEST BELL,
AN OREGON CORPORATION, ITS SUCCESSORS AND ASSIGNS,
THE RIGHT TO PLACE,,ERECT AND MAINTAIN POLES,
WIRES AND OTHER 'APPLIANCES AND CONDUCTORS'AND
TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION
OF ELECTRICITY FOR TELEPHONE'PURPOSES, IN,
UPON, UNDER, OVER AND ACROSS THE STREETS,
ALLEYS, ROADS AND OTHER PUBLIC WAYS :AND PLACES
WITHIN THE,CORPORATE LIMITS OF SAID CITY., AND
TO CONDUCT A`GENERAL`TELEPHONE BUSINESS WITHIN
SAID CITY OF TIGARD, FIXING THE TERMS AND
CONDITIONS THEREOF'AND PROVIDING FOR THE TERM
AND EFFECTIVE DATE THEREOF
(a) = Recommendation of City Administrator
12, ORDINANCE No. 72- AN ORDINANCE AMENDING ORDINANCE No, 70-32
"CITY OF TIGARD ZONING ORDINANCE OF 1970" AS
HERETOFORE AMENDED,; CHANGING THE ZONING MAP OF
THE CITY OF TIGARD, AND.THE ZONING CLASSIFICATION
OF A'DESIGNATED AREA FROM PRE-EXISTING ZONING
CLASSIFICATIONS TO C-P COMMERCIAL-PROFESSIONAL
TO THEREBY`"BRING":SAID AREA INTO CONFORMITY WITH
TIGARD COMMUNITY;PLAN AS HERETOFORE ADOPTED BY
THE CITY COUNCIL, PRESCRIBING AN EFFECTIVE DATE
AND DECLARING AN EMERGENCY
(a) Continued from September 11, 1972 Council Meeting
Recommendation of City Administrator
13. ORDINANCE No, 72- AN ORDINANCE RATIFYING, CONFLRMING AND RECORDING
_ CHANGE IN THE BOUNDARIES OF THE CITY OF TIGARD
BY THE BOUNDARY COMMISSION ORDER #458 INVOLVING
LANDS OF SCHULZ AND STALICK ET AL IN SECTION
2 AND SECTION 3, T2S, R1W, W.M. WASHINGTON
COUNTY, OREGON, RECORDING EFFECTIVE DATE, AND
DECLARING AN EMERGENCY
Tract of land located east of S,W. Tiedeman and contains 7.15 acres
(a) Recommendation of City Administrator•
14. AMENDMENT No. 1 TO CITY OF TIGARD RETIREMENT PLAN
(a) Continued from Council meeting of September 25, 1.972
15, ORDINANCE No. 72-53 AN ORDINANCE AMENDING ORDIidANCE No, 70-48
(Business Licenses) BY ADDING A NEW SUB-SECTION
DENOTED "Section 1(e)" DEFINING ".ADULT BOOKSTORE"
AND "ADULT MOVIE HOUSE OR THEATER";AMENDING
Section 4 THEREOF PRESCRIBING ANNUAL LICENSE
FEES FOR "ADULT BOOKSTORE" AND "ADULT MOVIE
HOUSE OR THEATER"; PRESCRIBING AN EFFECTIVE
DATE AND DECLARING AN EMERGENCY
(a) Second reading of Ordinance
Recommendation of City Administrator
PAGE 2 - COUNCIL AGENDA - October 9, 1972
a
16., RESOLUTION 72- A RESOLUTION OF THE TIGARD CITY COUNCIL URGING
THE.GOVERNOR OF THE STATE OF OREGON AND ITS
LEGISLATORS TO ^ALL. 'A SPECIAL,'SESSION OF THE
STATE LEGISLATURE TO A;+IEN'D CHAPTER 167
"OFFENSES AGAINST PUBLIC' HEALTH AND DECENCY" '
OF THE OREGON REVISED STATUTES,
(a) :Recommendation cf City
17a ORDINANCE No, 72- AN ORDINANCE PRC 'IDING FOR' A SPECIAL CITY
ELECTION. TO BE HELD IN THE 'II'Y OF TIGARD,
OREGON :ON 'NOVEMBER i, 1972, IN CONNECTION'WITH
THE GENERAL STATE :,LECTION: FC THEPURPOSEOF
SUBMITTING TO THE LE.IAL VOTERS 'OF rHE CITY OF
TIGARD OREGON THE QUESTION OF ESTAFILISHING
A NEW'TAX BAaE PURSUANT TO SECTION 11. ARTICLE
XI; GONSTTTU'I'TON OF:THE STATE OF OREGON
(a) Recommendation .,f the Ciry Admini_ y,t. .r
18. ORDINANCE No. 72= AN ORDINANCE ADOPTING AND ENA:TING A CODIFa-
ICATION OF THE GENERAL-'ORDINAN(ES OF THE CITU°
OF TIGARD, TO BE KNOWN AS THE "TIGARD MUNICIPAL
CODE OF 1972" AND PROVIDING THAT .SAME MAY BE
CITED AS SUCH'INALL PROCEEDINGS'.WITHIN THE
PURVIEW THEREOF; PRESCRIBING THAT SAKE SHALL
HAVE NO RETROACTIVE EFFECT WITH RESPECT TO
PRE-EXISTING VIOLATIONS OF ORDINANCES."DUTIES`
OR OBLIGATIONS; DECI;ARTNG THAT THE PROVISIONS
THEREOF'SHALL' BE SEVERABLE; PRESERVING THE
INTEGRITY AND"ATFLICABILITY OF:PRE-EXISTING
ORDINANCES, IN-THE' EVENT OF DECLARATION OF
UNCONSTITUTIONAL TTY OF ANY SE_'TION OF TiE
CODE; 'AND PRESCRIBING EFFECTIVE DATE,
(a) Recommendation of City Administrator
19. AUTHORIZATION TO EXECUTE CONSTRUCTION AND MAINTENANCE AGREEMENT WITH
OREGON ELECTRIC RAILWAY COMPANY,
20. OTHER BUSINESS
21, CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK
22, ADJOURNMENT
MEETINGS SCHEDULED FOR OCTOBER. 1972
POLICE CITIZENS COUNCIL, Wed,, 6:45 A.M., Oc:taber 11th
PLANNING COMMISSION, Tues., October, 17, 19'72, 8:00 P.M., Twality Jr High
CITY COUNCIL, October 30, 1972, 7:30 P,M,., Administration Offices,
Charles F, Tigard Grade School -
PAGE 3 - COUNCIL AGENDA - October, 25, 1972
T I `G A R'D C I'T Y COUNCIL'
REGULAR MEETING OCTOBER 9, 1972, 7.30 P,m,
1, ROLL CALL: Present: Mayor 'Daniel L, Larsen; Councilmen Floyd H.
Bergmann, Robert C. Moore, Charles L„ Norton; Council-
-Oman Carolyn J. Paisley; Stephen M Telfer, City
Administrator Fred A. Anderson, City Att-orneyo
Nick Hiebert, Actinq Director of public:Works,
Ray Rangila, City Planner, Doris Hartig, City Recorder,
2, PLEDGE OF ALLEGIANCE
'- APPROVAL OF MINUTES, September 25, 28, 1972
(a) Approvedassubmitted
4. WRITTEN COMMUNICATIONS
(a) None
5. APPROVAL OF BILLS: $53,828,58
(a) Motion to aprr over Councilman Moore„ seconded by
Councilwoman Paisley
Approved by unanimous vote of Council
8. MONTHLY REPORTS-
(a) Motion to approve.- Councilman Bergmann, seconded by
Councilman Moore,
Approved by unanimous vote of Council.
7. ORDINANCE No. 72-54 AN ORDINANCEREPEALING ORDINANCE No.
72-19 ADOPTED BY THE CITY 'COUNCIL ON
MARCH 13, -1972, INCREASING THE COMPENSATION
TO BE'PAID'BY PORTLAND GENERAL ELECTRIC
COMPANY, AN OREGON CORPORATION, FOR
FRANCHISE PRIVILEGES PRESCRIBING AN
EFFECTIVE DATE AND DECLARING AN EMERGENCY.
(a) Motion to adopt.- Councilwoman Paisley, seconded by Council-
man Bergmann.
Approved by unanimous vote of Council.
B. ORDINANCE No. 72-55 AN ORDINANCE GRANTING PORTLAND GENERAL
ELECTRIC COMPANY, AN OREGON CORPORATION,
ITS SUCCESSORS AND ASSIGNS, FOR A PERIOD
OF TWENTY (20) YEARS FROM AND AFTER THE
EFFECTIVE DATE OF THIS ORDINANCE, THE
RIGHT AND PRIVILEGE TO ERECT, CONSTRUCT,,
MAINTAIN AND OPERATE WITHIN THE CORPORATE
LIMITS OF TIGARD; OREGON, AS SUCH LIMITS
NOW EXIST OR MAY BE HEREAFTER CONSTITUTED,
AN ELECTRIC LIGHT AND POWER SYSTEM WITH THE
POLES, WIRES, FIXTURES,' UNDERGROUND CIRCUITS,
AND EQUIP14ENT NECESSARY OR CONVENIENT TO
SUPPLY SAID CITY AND THE INHABITANTS
THEREOF AND OTHERS WITH ELECTRIC ENERGY
FOR LIGHT, POWER AND OTHER PURPOSES, UPON,
OVER, ALONG, UNDER AND ACROSS THE STREETS,
ALLEYS, ROADS AND OTHER PUBLIC WAYS AND
PLACES WITHIN THE CORPORATE LIMITS OF SAID
CITY; FIXINR THE TERMS AND CONDITIONS
THEREOF, PROVIDING FOR AN EFFECTIVE DATE
AND PRESCRIBING FOR THE REPEAL OF ORDINANCE
No, 62-5 AS OF THE EFFECTIVE DATE HEREOF,
AND DECLARING AN EMERGENCY.
(a) Motion to adopt,. Councilman Moore, seconded by
CouncilmanNorton.-
Approve] by unanimous vote of Council.
9. ORDINANCE ;dta, 72-56 AN ORDINANCE AMENDING SECTION 1 AND 2 OF
M ORDINANCE No. 72-45 (which amended Ordinance
No. 72-3 and -71-38),c BY EXTENDING THE PERIOD
DURING WHICH THE TZMPORARY MORATORIUM FOR
TI;E ISSUANCE OF BUILDING PERMITS-SHALL'
REMAIN IN EFFECT,, PRESCRIBING AN EFFECTIVE
DATE AND DECLARING AN EMERGENCY, `
(a) Mr. Nick Bunick of Columbia Custom Homes stated continuance
of the moratorium was creating. a hardship on the Viewmount
development' and asked Council consideration regarding
occupancy of the;homes.
(b) Motion to adopt: Councilwoman Paisley, seconded by
Councilman Bergmann.
Approved by unanimous vote of Council.
(c) Motion by Councilman Norton to hold special Council
meeting Thursday, 7:30 P.M., October 12, 1972 at City
Administrator's`office,'to consider hardships created
by the Gaarde Street moratoriums motion seconded by
Councilman Bergmann.
Approved by unanimous vote of Council.
10.` ORDINANCE No. 72-57 AN ORDINANCE GRANTING TO PACIFIC NORTHWEST
BELL, AN OREGON CORPORATION,, ITS SUCCESSORS
AND ASSIGNS, 'THE RIGHT TO PLACE, `ERECT`AND
MAINTAIN POLES, WIRES AND OTHER APPLIANCES
AND CONDUCTORS AND TO LAY UNDERGROUND WIRES
FOR THE TRANSMISSION OF ELECTRICITY FOR
TELEPHONE PURPOSES„ IN, UPON, UNDER, OVER
AND ACROSS THE STR2ETS, ALLEYS, ROADS AND
OTHER PUBLIC WAYS AND PLACES WITHIN THE
CORPORATE LIMITS OF SAID CITY, AND TO
CONDUCT A GENERAL TELEPHONE BUSINESS WITHIN
SAID CITY OF TIGARD, FIXING THE TERMS AND
CONDITIONS THEREOF AND PROVIDING FOR THE
TERM AND EFFECTIVE DATE THEREOF.
(a) Motion to adopt: Councilman Bergmann, seconded by
Councilman Moore.
Approved by unanimous vote of Council.
11. ORDINANCr; No. 72--58 AN ORDINANCE AMENDING ORDINANCE No, 70-32
"CITY OF TIGARD ZONING ORDINANCE OF 1970"
AS HERETOFORE AMENDED, CHANGING THE ZONING
ASAP OF THE CITY OF TIGP.RD, AND THE ZONING
CLASSIFICATION OF A DESIGNATED AREA FROM
PAGE 2 - COUNCIL MINUTES - OCTOBER 9; 1972
PRE-EXISTING ZONING CLASSIFICATIONS TO
C-P COMMERCIAL-PRCI'FSSIONAL TO THEREBY
BRING SAID AREA .N'iO CONFORMLTY"WITH-TIGARD
COMMUNITY PLAN AS HERETOFORE ADOPTED BY
THE CITY 'COUNCIL, , PRESCRT_BI,.a AN EFFECTIVE
DATE AND DECLARING AN EMERGENCYn
(a) Continued from September 11, 1972 Council ;Meeting.
(b) Mayor Larsen stated the public hearing had been closed,
however, -the-Council would hear further testimony regarding
the proposed change.
Those who testified against having their property rezonedT
Mike Oberhoffer, representing Farmers Insurance
William Bernard, representing'Riviera Motors Inc.
E. R. Patton, representing Ferd Wardins
Those who testified for:
Bruce Morgan, ;representing;Lamb_Weston
(c) Motion to adopt: Councilman Bergmann, seconded by •_.,..ncilman
Norton.
(d) Motion by Councilman Bergmann to amend section'6 to
replace legal-description to-`reads That portion of land
in Section 1, ;Township;2 South, Range I West, Willamette
Meridian, Washington County, Oregon being;more particularly
described as follows: Blocks 37, 38, and 39 of West Portland
Heights Subdivision. Property commonly known as Lamb-Weston
Ctract. -
Motion seconded by Councilman Moore.,
Amendment approved by unanimous vote of Council,
Motion to adopt ordinance 72-58 as amended approved
by unanimous vote of Council, Councilman Norton abstained.
12. ORDINANCE No. 72-59 AN ORDINANCE RATIFYING, CONFIRMING AND RECORDING'
CHANGE-IN-THE BOUNDARIES OF THE CITY OF TIGARD
BY THE BOUNDARY COMMISSION ORDER # 458
INVOLVING LANDS OF SCHULZ AND STALICK ET AL IN
SECTION 2 AND SECTION 3, T2S. P,IW, WILLAMETTE
MERIDIAN, WASHINGTON COUNTY, OREGON„
RECORDING EFFECTIVE DATE, AND DECLARING AN
EMERGENCY,
(a) Motion to adopt: Councilman Moore; seconded by Councilman
Norton.
Approved by unanimous vote of Council.
13. AMENDMENT No. 1 TO CITY OF TIGARD RETIREMENT PLAN
(a) Continued from Council meeting of September 25, 1972
City Administrator stated amendment provided for
technique for distribution of funds for employees who
terminate their retirement plan.
PAGE 3 - COUNCIL MINUTES - OCTOBER 9, 1,972
(b) Motion by Councilman Norton authorizing clt,y Recorder and
Mayor to execute amendment #1 of the 'City of Tigard
Retirement Plana motion seconded by Councilman Moore.
Avg 3roved by unanimous Note of Cu;znci l
14. ORDINIJ. .: tQo, 12-53 AN ORDINANCE AMENDING ORDINANCE No. =0-48
(Business Licenses) BY ADDING A NEW SUB-
SECTION DENOTED `Section l(e)'- DEFINING
"ADULT BOOKSTORE" AND "ADULT MOVIE HOUSE
OR THEATER"', AMENDING Section 4 THEREOF
PRESCRIBING ANNUAL LICENSE FEES FOR
"ADULT BCOKSTGRE" AND '"ADULT MOVIE HOUSE
OR THEATER"'r- PRESCRIBING AN EFFECTIVE DATE
F.ND DECLARING:APT EMERGENCY,
(a) Second reading of ordinance
Mayor.Larsen stated the public hearing was closed however,
Council would consider further test .ma y
Those who testified are:
Father Jackson Hazelett'
Mr. Dryden'
Mrs. Parker`
Rev. Bob Daugherty
Rev.'Waichi''Oyanagi
Mr.-Norman'Hartmann
(b) tfiotion to adopt. Counci.lwomart.' Paisley, seconded by
Councilman Norton
Approved by majority vote of Council.. Roll call of vote
as 'follows. Councilman Bergmann„ NAYS Councilman Moore,
AYES Councilman Norton, AYE; Councilwoman Paisley, AYE"
Mayor Larsen, AYE.
15. RESOLUTION No. 72-19 A RESOLUTION OF THE TIGARD CITY COUNCIL URGING
THE GOVERNOR OF THE STATE OF OREGON AND ITS
LEGISLATORS TO CALL."A SPECIAL>SESSION:OF THE
STATE LEGISLATURE TO AMEND CHAPTER 167
"OFFENSES AGAINST PUBLIC HEALTH AND DECENCY"
OF THE OREGON REVISED STAvurao
(a) Motion to adopt. Councilman Norton, seconded by Councilwoman
Paisley.
Approved by unanimous vote of Council,
16. ORDINANCE No. 72-60 AN ORDINANCE PROVIDING FOR A SPECIAL CITY
ELECTION, TO BE HELD IN THE CITY OF TIGARD,
OREGON, ON NOVEMBER 7, 1972, IN CONNECTION
WITH THE GENERAL STATE ELECTION, FOR THE
PURPOSE OF SUBMITTING TO THE LEGAL VOTERS
OF THE CITY OF TIGARD,, OREGON, THE QUESTION OF
ESTABLISHING A NEW TAX BASE PURSUANT TO SECTION
11, ARTICLE XI, CONSTITUTION OF THE STATE
OF OREGON
(a) Motion to adopt: Councilwoman Paisley, seconded by
Councilman Moore,
PAGE 4 - COUNCIL MINUTES - OCTOBER 9, 1972
51
(b) Motion by councilman M.o' e that, Section 2 lydi.cat.e the
new tax base 3e increased IO"l acre_ the 19-21.7-1
tax levy for a request of 9 r cnc,t,-r,n, seconded by
councilman Bergmann.
Approved by unanimous trete rf Crurr '.-
17. : ORDINANCE No. 72-61AN CRDiNANCE ADOFTiNG AND ENACTING A
— CODIFICATION OF THE GENFF.AL ORDINANCES
OF THE:C:TTY OF TIGARD., TO HE KNC-WN AS THE
TIGARD_MUNIC'I.PAL CODE CF .i-972` AND PR.OViDING
THAT SAME MAY BE CITED AS SUCH IN ALL PROCEED-
NGS WITHIN THE PURVIEW THEREOF,, PRESCRIBING
THAT<SAME SHALL HAVE NO-RETP,+..ACT:'.'E EFFECT
WITH RFSPFCT-TO PRE-EXISTING VIOLATT•ONS"OF
ORDINANCES,, DUTIES OR OBLIGATIONS; DECLARING
THA," 'i His jgN(?Y ES:ONS THEREOF SHALL BE SEVERABLE,
PRESERVING THE INTEGRITY AND A'PPLICABxL:TY
CF PRE-EXISTING CRD NANCES IN THE EVENT OF
DECLAR.ATIuN OF UNCONSTITUTs`CNAL-ITY OF ANY
SECTION OF THE' CODE, AND PRESCR:BING EFFECTIVE
DATE.
(a) City Administrator reco=mmended adcpt.ion and stated the Bcok
PubJC shing Company wou"sd supply Supp;lementa._ pages for
amendment`to the code.
(b) Motion to adopt: r_ounc,tlman Pergmann., seconded by
Councilwoman Pais:'ley,
Approved by unanimous vete of Councl.1..
18.' AUTHORIZATION TO EXECUTE CCCSTRU.".i°E 75 AND MAINTENANCE AGREEMENT
WITH OREGON ELECTRIC RA--ILWAY C:CaMPANY
(a) City Attorne^ recommended Cou.nc:l tab]],e agreement untel.
he had time to further study the matter,
(b) Motion to table to next regular ccuncii meeting;.
Councilman'Norton4 seconded by Councilmac Bergmann. --
Approved by unanimous vote c_�[ t:ounci....
OTHER BUSINESS:
A. Charles Stearns and representative of Fred Shrier eztate discussed
with Council the matter of zoning and p.Iar.red unit development of
their property, Staff to work with property owners and developers,
B. Mr. Otto Wenz:bff reported to Council he had p;irchased a home
from Quadrant Corporatior; with the understanding he could move in
by November 15th and it: �-,tw informed that the morat�r:ium will, not
allow occupancy of his; ;,ew home. Since he has already sold his
present home he asked ( ;uncil a ' _stance in solv..ng his problem.
C. RESOLUTION No, 72.-20 RESCLUT ;-;; THE TIGARD CITY COUNCIL
AMENDING R..SCLUTI N No. 72-9 OF JULY 9., :.972„
BY ADDING A NEW PARAGRAPH THREE (3), ADOPTING
THE BUDGET AND MA97NG THE APPROPRIATIONS FOR
THE YEAR BEGINNING JULY 1, 1,972,: AND ENDING
.TUNE 30„ 1973,
PAGE 5 —COUNCIL MINUTES - OCTOBER. 9. .-972
(1) Motion to adopt; Councs,man Bet"9marnn, Seconded by
Councilwomar Paisley.
Approved by ananimdus vote c.i'...
D• Adjournment'- 10;35 P.M:-
Reco_der - C3 ty r_z- •». aid
ATTEST:
Mayor - Ci.ty of Tigard
PAGE 6 - COUNCIL MINUTES - OCTOBER 9, 1972
BILLS PRESENTED FOR PAYMENT
October 9, 1972
GENERAL FUND U.S. NATIONAL BANK
Balance August 51, 19tz 9,727.36
September 1972 Receipst 28 066.68
Less: Bills paid Sep ember 25, 1972 (2,300.89)
Check No:
$30,493.15
MO Bob Ewing Public Group Ins. (618) 80.06
10861 Jeanie Cramer - witness fee ' 11 5.00
10862 La Drue Cramer, " " 11 5:00
10863 National Academy of Sciences-copy Urban Growth 12 2.95
10864 Darlene Fisher - Jury fee 11 10.00
10865 'Sara Barnum " " 11 10.00
10866 Forest McBride " " 11 10.00
10867 Madelon Hill " " 11 10.00
10868 Sharon_Garrison " " 11 10.00
10869 Eugene Cobb " " 11 10.00
10870 Richard:'Bolen - travel expense 14 12.00
10871 Ray Rangila " it 14 12.00
10910 Petty Cash Custodian `- Misc. (10) '- (19) 82.86
10911 'Gary Jacobsen- witness fee 11 14.00
10912 Robert 'Oliverio " " 11 7.00
10913 Dean Cawley " of 11 7.00
10914 Thomas Killion' " " 11 14.00
10915 Robert Wheeler7.00
10916 Gary Landis " " 11 14.00
10917 James Farmer " " 11 7.00
10918 Washington Co. Federal Credit Union (609 272.40
10919 Anthony-Pelay (11 318.16
10920 Tigard Police Officers Ass''n. 611 55.50
10921 U.S. National Bank (Bonds) WO 93.75
1.0922 Roger 'Thomssen - recording fees (12)6.00(20)4:00 10.00
10923 United Good Neighbors (617) 17.50
10924 Robert C. Moore - parking for quarter year (18 75.00
10925 Travelers Ins. Co. (104)196.32 (608)182.13 378.45
10926 U. S. National Bank Depositary 613) 4,079.70
10927 Dept. of Revenue, State of Oregon 614) 1,346.49
10928 Public Employes Retire.S.S.(101)1,298.63(612)1,298.66 2,597.29
10929 State Accident Ins. Fund (102)1,821.76(615)42.72 1,864.48
10930 Fiberbilt Photo Products - Bal. on case & strap (16) 6.97
10931 Anderson & Dittman (11)146.00 (18)447.25 593.25
10932 Ancorp National Services - books 15) 35.18
10933 Beaverton Dodge - switch & moulding,Unit 1-1 16 20.15
10934 Harris Uniforms - clothing for Oliverio 16 42.00
10935 Jackson's Parts& Supplies - battery,regulator 16 28.17
10936 Kilham Stationery - KWIK file 16 77.25
10937 League of Oregon Cities - traffic citations 16 83.65
10938 Maryatt Industries - laundry service 20 40.25
10939 National Municipal League - membership dues 12 15.00
10940 NINE-T-NINE Sales- tire repair & towing (16 20.00
10941 Northwest Natural Gas (18)8.66 (20)6.64 15.30
10942 Portland General Elec.(17)34.78(18)123.28(20)61.26 219.32
10943 Power Rents- saw & blade (20) 19.95
10944 Rentex Service Corp.-laundry service(15)11.80(18)00�
240 35.20
10945 Tigard Times - notice of hearing
10946 Tigard Water District 7 18.80
10947 Union Oil Co. 20.51
10948 Valley Auto Parts (16)19.55 (20)1.30 20.85
10949 Western Union Telegraph - telegram 16 1.95
10950 Daniel L. Larsen - for quarter 10 52.50
10951 Floyd H. Bergmann " 10 45.00
10952 Robert C. Moore " 10) 52.50
10953 Carolyn Paisley " 110 52.50
10954 Charles L. Norton " (10) 60.00
Page 2
GENERAL-FUND
Meek No.
0ichard Bolen -'travel expense (14) 19.05
10956 Columbia Maintenance -'s janitorial service (18) 174.00
10957 Print Mill-business cards & offset plhtes` (all depts.) 235.20
Payroll (net) 20,411.28
Bank Balance =($3,369.99) $330863.14
SE1dER FUND, U.S. NATIONAL BANK
ba-LanCL5 MUST 31, LV77- 62,995.37
September 1972 Recipts' 19,067.61
Less: Bills paid September 25, 1972 (193.41)
$81,869.57
Check No.
T023-Travelers Co.(104)22.98(608)15.32 38.30
10926 U.S. National Bank Depositary (613) 117.20
10927 Dept. of Revenue, State of Oregon (614) 43,80
10928 Public Employes Retire.S.S.(101)39.83)(612)39.84 79.67
10929 State Accident Ins. 'Fund (102)111.45'-(615)1.20 112.65
2750 First National Bank Sinking Fund (541356.94
2751 Postmaster - postage for meter ((30 100.00
2752 Portland Concrete Pipe,Cs.-sub frame & ring (30 34.40
2754 Unified Sewerage Agency (#753 - 755) (30 13,686.92
Payroll (net) 548.53
Bank Balance = $66,751.16 $15,118.41
STATE TAX STREET`FUND 'U.S. NATIONAL BANK
Balance ugus 42,919.91
September 1972 Receipts 748.73
Less: Bills paid September 25, 1972 .74)
$43,132.90
Check No.
betty Cash Custodian (20?? 3.29
10918 Washington Co. Federal Credit Union (609) 85.00
10925 Travelers Iris. Co. (104)51.57 (608)34.38 85.95
10926 U.S. National Bank Depositary (613? 433.40
10927 Dept. of Revenue, State of Oregon 614 143.20
10928 Public Employes Retire.S.S.(101)177.79(612)177.80 355.59
10929 State Accident Ins. Fund (102)410.29(615)6.00 416.29
10947 Union 011 Co. 20) 12.27
10948 Valley Auto Parts 205.95
2334 Cascade Construction Co. - asphalt 20 30.17
2335 Columbia Equipment Inc.- gutter brooms 20 81.00
2336 D. A. Davidson Paving Co. -asphalt 1201 120.90
2337 Grabhorn, Inc.-cleanup & haul debris from Jack Park 240.00
2338 Knauss Chevrolet Co. - hub cap 20� 4.57
2339 Oregon Culvert Co. - culvert, band,etc. 20; 72.81
2340 Permapost Products Co. - treated posts 20 42.00
2341 Tigard Sand & Gravel - rock 120� 29.05
2342 Traffic Safety Supply _ guard rail
Payroll (net) (Z0) 2,590.71
Bank Balance= $38,346.62 $4,786.28
ROADFUND U.S. NATIONAL BANK
TM 1ante ugusZ 5.L, 196.60
September 1972 Receipts 769.97
Less: Bilis paid September 25, 1972 $ 0-
UM
Bank Balance - $966.57
GENERAL OBLIGATION BOND FUND U.S. NATIONAL BANK
ralance August 31, -0-
September 1972 Receipts -0-
Less: Bills paid September 25, 1972 -0
Page 3
BANCROFT AND MISCELLANEOUS U.S. NATIONAL BANK
Check No.
10942 ortland General Electric - Bank Acct.#525 (283) 60.75
TRUST ACCOUNT, U.S. NATIONAL BANK (#525) 5,060.41
BANCROFT #3, U.S. NATIONAL BANK 401.30
BANCROFT 4, U.S. NATIONAL BANK 305.50
BANCROFT #5, U.S.,NATIONALBANK 114.07
BANCROFT #6, U.S. NATIONAL BANK 145.32
BANCROFT #7, U.S. NATIONAL BANK 50.12
BANCROFT #8, U.S. NATIONAL BANK 498.69
BANCROFT #9, U.S. NATIONAL BANK 7,154.70
TOTAL ACCOUNTS`'PAYABLE _ $53,828.58
October 6, 1972
MEMORANDUM
To: City Council
From: City Administrator ''
Subject: Monthly Progress and 'Status Report
We have a rather large agenda for Monday evening due to a number
of ordinances that have been held over for consideration.
Community concern is continuing to be expressed regarding the Joy
Theater. As you probably read in last week's Tigard Times, the
pastor of the new Baptist church in Tigard devoted his article
to the issue. His message was aimed not only to the men in the
community, who seem not to be responding to the problem, but
also to the Tigard City officials who, in his opinion, are not
doing everything they should be in an effort to provide leadership
and support for= a change in the laws. Chief Adams was rather
directly misquoted and as a result,; he asked ;the pastor and Joe
Schafer to attend a meeting to further discuss the issue. This
meeting was held in my office on Thursday and I think was very
productive. All parties `left 'the meeting with a sincere feeling
that the community needs -to -unite in a common direction in an
effort to help solve the problem at the state legislature. I
concurredwith the pastor and several of his representatives, who also
attended the meeting, that perhaps the City should be providing
some more direct and positive leadership in the matter and I have
therefore prepared a resolution for your adoption Monday evening. it
is my belief that we should be calling to the govenor' s attention
the definite need for an early special session to tackle the Oregon
Criminal Ccde and its sections relating to obsenity. The resolution
I have prepared seeks just such a special session. I would like
to discuss Monday night, the possibility of inviting the govenor
and members of the legislature to meet in the Tigard community to
further discuss the ::latter. This would focus the public's
attitudes on the right people and would achieve some appropriate
press coverage which would only serve to be useful in accomplishing
the goal. I will look forward to your comments and ideas Monday
evening.
Your agenda contains two ordinances relating to Portland General
Electric.. One would repeal the ordinance adopted last March establishing
the rate of compensation at 3L/o and the other would replace that
ordinance establishing a new 20 year franchise with provisions
to reconsider the rate of compensation at the end of 10 years.
This ordinance is 'a near duplicate of the City of Sherwood's
which met with the approval of Portland General Electric.
We have prepared an ordinance that will extend the Gaarde Street
building moratorium for an additional 90 days which will put us
into January of 1973. I would recommend that this be adopted in
order to continue to have the control over the issuance of additional
_perm=ts:
Page 2
Fred Andersen and I traveled to Salem last Wednesday and met with
Tom Edwards the State Highway Engineer. Mr. Edwards was somewhat
chagrined to find that he in fact had recommended granting the
off-ramp permit to the State Highway Commission who ultimately
approved it. He further admitted that he had obviously been "had".
At this date, the State Highway Division is studying the matter
further in an effort tc determine what sort of action may be
taken to resolve the problem. I would recommend that this matter
not be discussed in any particular: detail in order to avoid
any publicity that may ham-stringa final solution. Besides, we
may want to use `the publicity to our advantage to force the State
into action at >a -later date.
During the 'informal General Telephone rate increase hearing it came
to our attention that Pacific Northwest Bell does not have a
franchise ordinance for that area which is inside the City limits.
Your agenda Monday evening has such an ordinance ,which' is a
duplication of the General Telephone franchise.
The amendment to our 'retirement plan which was postponed from
your last meeting, is nothing more than filling in a loose end
having' to 'do with the distribution'of funds deposited on behalf
of emploYees who leave employment of the City, if the plan should'
be terminated. - ' I would recommend that we ,adopt this 'amendment
which really only puts in writing what would be done anyway.
I might also point out that I've asked Traveler's insurance to
analyze the legislation adopted by the last session of the
legislature regarding police and fire pensions. This could
have a rather serious impact on the City cost wise and I am trying
to find out what it would cost to beef-up out plan in order to
qualify under the legislation.
Your agenda includes the Farmer's-Lamb Weston zone change matter.
Inasmuch as the conditional use provisions will not have
formally been added to the C-P zoning, it will be our recommendation
that the zone change only effect Lamb Weston's land at this time
and that we rely on the existing R-7 zoning as a means of protecting
the triangle until such time as we are in a position to adopt
C-P or the PUD zoning at a later time.
The ordinance establishing a tax base election will have a blank
in the amount to be approved by the voters. In checking with our
legal counsel we find the constitution requires that a tax
base approved by the voters becomes effective on the first of the
fiscal year immediately following the election. This would then
indicate that we do not have the option of asking the voters to
approve the amount we are currently levying and then having the
right to automatically increase that amount by 6% on July 1, 1973.
I would recommend that we seek approval of the amount we are now
levying plus 6%.
t
MEL
I El I I - WW.J
Page 3
Your agenda includes an ordinance that will adopt our `,Tigard
Municipal Code as the official code and ordinances of the. City.
This should be accomplished now in order that we can°'have <Book
Publishing company,> prepare the first amendment pages to bring
the code ;up to date. At that time, we will also request
that they add such things as our franchise ordinances as well
as new ordinances adopted since the codificatlon `took 'place.
I have forwarded to Fred a request, to have him prepare an amendment
to our zoning ordinance that would make all motion picture '
theaters ,and adult movie houses a conditional use' and -:also 'a draft
of an ordinance that would provide for ;a certain time period to
correct non-conforming zoning ordinanceviolations.
At 2:55 AM last Friday morning the Police Department served
a stop work order on the management of the Joy,Theater who were
in the process of illegally construction a stage. At the ;'time, of
this dictation, the Police Department is working with the City
Attorney's office to prepare a complaint in ordertopursue an
arrest and municipal court hearing on the violation of the
building code. The Police Department's intelligence working in
conjunction with the Portland- P.D. is beginning to uncover the
fact that those involved in the operation of the theater have
substantial financial backing and it is likely that we will be
waging a long and possibly expensive (from a man-hour standpoint)
battle to control the proposed live sex acts. As indicated earlier
in my memo, itis imperative that the City provide some strong
leadership to bringing this issue to a head.
We have received a contract from Oregon Electric Railway Company
which they're asking us to execute, which as I see it merely
ratifies the contract we have already signed. It spells out the
construction of their portion of the work on the Main Street
crossing and duplicates the monetary features of our previous
contract. Southern Pacific has accomplished their work by removing
a track and installing the new gong and drop-arm gate. All that
is remaining, is for Oregon Electric to install their signal and
gate and the predictors.
The Mayor, Nick Hiebert and myself met with Bob Odell of
the Little League to further discuss the matter of fences on the ball
fields at Cook Park. It was finally concluded that the fences
should be constructed of materials that would be of a permanent
nature. Several designs were discussed and the matter of finding
the materials were left in the hands of the Little League.
Respe<t lly .submitted,
S tph4h M.�elfer
City Administrator
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FINANCIAL STATEMENT
REVENUES
Date September, 1972
GENERAL FUND` 1972/73 CURRENT YEAR TO
BUDGET MONTH DATE
Cash on Hand 7/1/72 $ 37,357. 4^77;934.
701 Property Tax-Current 215;019. -0- -0-
702 Property Tax-Prior yrs. 16,000. 13,193. 13,193•
703 Land Sales & Advance Taxes 200. 158. 158,
704 Trailer Sales Tax 50. 153. 153.
REVENUE FROM 'OTHER AGENCIES
712 Cigarette Tax 18,044. -0- 4,754.
713 Liquor Tax <48,977. -0- 10,162.
717 State Subvention - BOR 13,186. -0- -0-
717 State Subvention - PEP24;652. 2,37: , 5;345.
718 County Subvention- USA' 43,327. -0- 43,327.
LICENSES & PERMITS'
721 Business 23,200. 1,428. 16,505.
722 Liquor 200. 10. 10.
723 Bicycle 50. -0- 113.
724 Plumbing & Heating 6,900. 1,190, A,129.
726 Building 29,750. 1,002. 4,821,
727 Moving 50. -0- 20
728 Street Openings 250. -0- -0-
729 Sign 500. Jr. ;8
FINES<& FORFEITURES
731&734 Court & Indigent Defendent.s Def. 52,000. 3,635, g
USE OF MONEY & PROPERTY
742 Telephone Pay Booth 20. 5. 14.
743 Interest 1,000. 250. 669.
CHARGES FOR CURRENT`SERVICES
750.10 Street Sweeping 2,000. -0- 280.
750.20 Subdivision Application Fee 300. -0- 50.
750.30 Subdivision Lighting 1,uoo. 1,404. 1,404.
751 Zoning Adjustments 1,950. 250. 725.
752 Document Sales 600. 60. 270.
5.1 755 P.W. Construction Fees 500. 2,719. 2,719.
19.) 756 Lien Checks 690. 100. 314.
757 Sale of Street Signs 300. 375. 375.
758 Library Fines & Fees 432. 12.2. 268.
FRANCHISE REVENUE
761 Portland General' Electric 32,632. -0 14,892.
/62 N. W. Natural Gas 6,327. -0- 4,732.
763 General Telephone 13,302. -0- 6,362.
764 Garbage 2,800. 850. 978.
v66 Taxi 30. -0- 30.
Page 2
1972/73 CURRENT YEAR TO
BUDGET MONTH DATE
NON-REVENUE RECEIPTS
771 Sale of City Property 1,800. -0 -0-
775 Unclaimed Property Sale 100. -C-- -0-
776 Donation - Chicken Barbecue 1,200. -0 -0-
i 776 Donation - Paterson 976. -0 -0-
776 Donation -'Library 1,000. -0-` -45.
RECOVERED EXPENDITURES
783 Administration Sewer & Road 7,000. -0 -0-
785 Gas Tax Refund 646. -0 501.
787 'Nuisance Abatement 100. -0 -0-
788 Other100. -0 2,232.
TOTAL' GENERA?. FUND` $606,517. 29,370. 225,799.
SEWER
1 Available cash 7/1/72 $115,877. 126.232.
USE OF MONEY &>PROPERTY
Interest 925. 255. 599.
747 New Project OEA,etc. 50,000. -0-' -0-
CHARGES FOR CURRENT SERVICES
753 Sewer Connection Fees 13,000. 2,765. 7,155.
754 Sewer,Service Charges 39,041. 1,506. E,500.
755 Sewer Permits &'Inspection 3,`300. 866. 1,328.
OTHER
7M&744 Unbonded Assessment & Int. 440. -0 2,741.
788 Other' 350. -0- 160.
i
TOTAL SEWER FUND $222,933. 5,692. 147,065.
STATE TAX STREET FUND
Available cash 7/1/72 18,600. 20,099.
REVENUE FROM OTHER AGENCIES
711 State Gas Tax .33,579. -0- 40,710.
717 State Subvention - PEP 5,113. 749. 1,644.
USE OF MONEY
I743 In rest F'). -0- 323.
I 788 Other 5. -0- -0-
TOTAL STATE TAX STREET FUND $110,51`7. 749. 62,976.
ROA. . D FUND
Available cash 71/72 500. 1,697.
INTERMEDIATE RESOURCES
-114 j
County Road Tax , 500. 770. 770.
TOTAL ROAD FUND $ 1,000. 770. 2.467.
Page 2 REVENUES
't
Page 3
—Im
1972/73 CURRENT YEAR TO
BUDGET MONTH DATE
BBAANCRROFT bONDS #3,4.5.6,7.8 .INT
Assessments $32:000. 1,626. 6,836.
. 35 .Interest ' 13,681• 1,006. 3,622.
USE OF MONEY
hereat on Investments 5. 237. 746.
TOTAL BANCROFT 13ONDS $45,686. 2,569. 11,204.
GENERAL OBLIGATION BONDS
Available Cash 7/1/72 $13,262. 13,262.
Cash from USA 25,664. -0 11,157.
TOTAL OBLIGATION BONDS $38,926. -0- 24,419.
TOTAL BUDGET'; $1,025,609.
i
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Page 3 - REVENUES
FINANCIAL STATEMENT
EXPENDITURES
Mo.= -
GENERAL FUND 1972-73 Current Year to
Budget Month Date
F
Magor & Council 4,030. 353.80 536.15
Municipal Court 17,622. 1,165.19: 3,515.64
Administration 62,652. 5,010.10 14,522.33
Building Dept. 22,935. 1,724.96 5,156.25
Planning &'Zoning 32,899. 2,'658.65 7,794.45
Library 18f104. 1,039.72 3,587.04
Police 254,838. 21,354.09' 57,570.83
Parks & Recreation 24,361. 1,351.59 3,768.83
Non-Departmental 104,934. 3,021.03 12,440:39
Engineering 39,968. 2,121.69` 5,675.33
Street Operation & Maint. 22,705 1,442.13 4,621.63'
Contingency 1.469. -0- _O__
Total General Fund $606,517. $41.242.95 $119.188.87
SEWAGE DISPOSAL FUND
Operation & Maintenance 166,276. 1,192.16 3,569.95
Replacement & Expansion 54,383. -0- 4,283.23
Contingency 2 '2 4.
Total Sewer Fund $ -0- -0
° $r" 92:I6 $
STATE TAX STREET FUND
Operation & Maintenance 102,074. 5,318.02 14,628.79
Contingency 8.473.
Total State Tax St. $ll0 4 $ 18.02 $14.628.79
ROAD FUND
Operation & Maintenance $1 0v. , -0- -0-
SPECIAL ASSESSMENT DEBT FUND
Bancroft Bonds 1,2,3,4,
5,6,7 8,9 842j.686. $2 92. 0 $155.34.33
GENERAL DEBT FUND
General Obligation Bonds $ 8 26. -0- -0-
TOTAL BUDGET $1,025,609. . $50,345.63 $157,205.17
LIBRARY REPORT FOR .1'IF'TE.,3'2, 1972
The month of September shoved a drop in books-checked-out: due in part to
the start of school and tl-e increase in home canning. The ::cult books
dropped just 160 for a total of 1993, but the juvenile decreased from
lj68 to 7.39. 'his will again rise when the newness of th:: school libraries
wears off and the need for more advanced subject matter for term papers
increases. This is<a yearly patuern.'
The increase in Multnomah's fees is starting to be felt by thio community
and we are getting more patronage from this. The total money taken
in for September was 'e53-00 for the new card members from out of town;
and ;46.03 in fine money.
%Ve have checked out many records also this month-----but our floor is still
not repaired...... and it is getting worse.
_p