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City Council Packet - 11/23/1964 November 20, 196 Mayor E. A. Woodard Councilman F. J. Cooper Councilman F. ft. Bergmann Councilman C. E. Klock Sr. Council n E. G. Kyle City Attorney Fred A. Anderson AGENDA: MERTIRG NOVEMBER 23, 1964 TIGARD CITY COUNCIL Stan Adkins Zone Change ordinance Reports from Councilman DReport from Planning Cormaission Balance of Payment an M SConstruction Contract (Interceptor Ear) µ.. Report on Suit by City Attorney *f Street Repairs (Holes in Streets) Follow-up on Letter to County on Main Street Any Cather 1portant Business That May t Com Before The Council C=Y RECORDER 51 ill SUNNI TIGARD C I T-Y COUNCIL MINUTES OF MEETING NOVEMBER 23 1964 Present: _Mayor E. A. Woodard; Councilmen F. J. Cooper; F. H. Bergmann; C. E. Klock, Sr.; E. G. Kyle and City Attorney F. A. Anderson The meeting was called to order by Mayor Woodard at 7:30 P.M. and requested reading of the minutes of November 9th. After reading and a call for corrections or omissions none being offered the minutes were ordered to stand approved as read. The minutes of the special meeting of i7ovember 12, 1964, were requested to be read and after reading, upon call for corrections or omissions, none being offered the minutes were ordered to stand_approved as read. Mayor Woodard: Next we will have the zone change ordinance, Stan Adkins, which will be Ordinance number 64-22. At this point Attorney Anderson distributed copies of the Ordinance and referred Council to the fact that there are no dimensions`given, `that the"information coming to him was variable,and he suggested Council should set the dimensions, that the material came to him from the Planning and Zoning Commission written approximately,200 feet. He suggested if Council wished to ;pass the Ordinance he would restate the second page and conform to the dimension agreed upon and it could then be approved by the Mayor and Recorder. Discussion followed on the Ordinance with respect to the dimensions and the zone change classification and it was agreed by Council the Ordinance should be corrected by having the second paragraph on page one,fourthrline to read" "thereof'>for M-3 (light manufacturing,group C) and the third paragraph last'line should read "re-zoned from A-2 to M-3, group C; and". Councilman Klock: I move the Ordinance be read by title only, the required three times. Motion seconded by;Councilman Bergmann and upon call for vote was unanimously approved by Council all members being present.' The'Recorder then read Ordinance 64-22 by title only the 'required three times. Mayor Woodard: We are now ready to accept a motion on Ordinance 64-22 as `changed. Councilman Cooper: I move we adopt Ordinance 64-22 with the changes as made in the Ordinance with the legal description to be re-written. Motion seconded by Councilman Bergmann. ; Page 1 - 11-23-64 Roll call of vote resulted as follows: Councilman Cooper, Aye; Councilman Dergmann,Aye; Councilman Klock, Aye; Council- man Kyle, Nay; Mayor Woodard, Aye. Attorney Anderson: The ordinance not having been unanimously approved it will be required to be read again on December 14th, the next scheduled Council meeting. Mayor Woodard: We will now have a report from Attorney Anderson on the law-suit. Attorney Anderson then gave Council`a report on the suit and advised that he had moved The Court for a judgement of Involuntary Non-suit because of failure to prove there was any depreciation' of property. An involuntary non-suit means they could bring the suit again on some theory, it is merely a disposal of the case on the premise it was brought. Mayor Woodard: There is a letter from the Planning and Zoning Commission dated November 23rd recommending the acceptance by City Council of the dedication of the road as indicated on the map prepared by Stevens and Thompson and referred to as parcels B and C. I would like to ask Council if they wish to turn this over to the Attorney. After some discussion it was agreed to refer the matter to Attorney Anderson for conclusion. Councilman Kyle: T so move you draw up the necessary papers. Motion seconded by Councilman Bergmann and upon call for vote motion was unanimously approved by Council. Mayor Woodard: I have a letter dated November 20th from the Planning and Zoning Commission with respect to an Ordinance providing sub-division standards and regulations and copies will be made for distribution to each Councilman. The retained amount on the interceptor sewer which was accepted by city Council on October 12, 1964, is now due M &-S-Construction Co. in the amount of $9,215.55. We ' should have permission to pay this amount if there are no claims. At this point Mr. Schulte addressed Council with respect to failure of the contractor to take care of damages to his propertyand after some discussion it was ordered the retained amount should not be paid and Attorney Anderson suggested that the Council appoint a committee of its members to review Mr. Schulte's complaint on the'property and if Council feels the contractor has not conformed to his contract then he should be notified specifically what more it takes and if he doesn't do it Attorney Anderson suggested that the owner may do it but until itisdone he would not know what it would,cost and that we ought to determine what it takes and that it is with in the pervue :of these provisions. Page 2 - 11-23-64 Councilman Klock: I would like to see that the contractor has a representative and also the engineers. �s Mayor Woodard suggested that Councilmen Klock, Kyle and Berg- mann be selected as the committee to investigate the complaint of Mr. Schulte. Councilman Kyle read a letter from Mr. Dreeszen of the Green Valley Tavern corns,: of Burnham Ave. and Main Street request- ing a loading zone, Councilman Kyle after reading the letter stated he would like to recommend, if itis `legal 15 minute parking from 7:00 A.M. to 2:0O P.M., 15 feet from the corner south, the length of the building. Mayor Woodard: Councilman Kyle will check into the problem of loading zone. -Does anyone in the audience have anything to bring up. Mr. A. J. Poulin explained the proposed annexation along the south side of S.W. Pacific Highway from the Methodist Church to Canterberry Lane. After Mr. Poulin talked Council- man Klock moved that we turn this over to the Planning and Zoning Commission. Motion seconded by Councilman Cooper and upon call for vote was unanimously approved by Council all membersbeingpresent. Mayor Woodard: We will now have a report from the Councilmen. "Councilman Bergmann: No report. Councilman Cooper: r.No report. Councilman Kyle: Councilman Bergmann and myself attended the League ;of Oregon Cities convention and brought back a number of bulletins and brochures which are helpful. This Council certainly should take advantage of the services these people of and most services,are free. Mayor Woodard: I have a letter from Mr. W. E. Johnson which I would like to have the Recorder read. (The letter was read by the Recorder, no action taken by Council.)" Councilman Klock: I move we adjourn; motion seconded by Councilman Bergmann and unanimously approved by Council. Adjournment taken at 9:50 P.M. Res ctfully submitted, ATTEST City der . Mayor Page 3 - 11-23--64