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City Council Packet - 07/24/1967 TIGARD CITY COUNCIL REGULAR MEETING JULY 24, 1967` AGENDA: 1 CALL TO ORDER 2,_ ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES, July 10, July 12, 1967 5. TRAFFIC ORDINANCE 67-41 - No Parking on S.W. Commercial from Highway #217 to Tualatin Rural Fire Station, both sides of street . (a), Recommendation of City Administrator (b) Adoption of Ordinance 6. APPEAL OF ACTION OF PLANNING AND ZONING COMMISSION ON JUNE 20, 1967, REGARDING CONDITIONAL USE OF DELORES'STOVER FOR A DAY NURSERY 8485 S.W. Hunziker (a) Public Hearing 8:00 P.M. 7. ORDINANCENUMBER 67-39 - Circle AW Products Co., Inc. Annexation (a) Setting of Public Hearing - 8:00 P.M., August 14, 1967 (b) Adoption of Ordinance 8. ORDINANCE NUMBER 67-42 - Leslie H. Flye & Arleta C. Flye (a) Setting of Public Hearing - 8:00 P.M.`, August 14, 1967 ' (b) :Adoption of Ordinance 9. PROPOSED ANDERSON/OLSON/LAWRENCE ANNEXATION (a) : Recommendation of 'City Administrator 10. RESOLUTION AUTHORIZINGISSUINGOF IMPROVEMEW WARRANTS (a) . Recommendation of 'City Administrator ' (b) Adoption of Resolution 113 S.W- MAIN STREET IMPROVEMENT DISTRICT PROGRESS PAYMENT (a) Report of progress' by City Engineer (b) Approval of Payment 12. LIQUOR LICENSE APPLICATION - Approval (a) Class "A" Dispensers License - Rip's Restaurant 13. OTHER BUSINESS 14 CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK 15 ADJOURNMENT TIGARD CITY COUNCIL REGULAR COUNCIL MEETING, MONDAY, JULY 24, 1967 7:30 P.M. I ROLL CALL Present: _Mayor E. G. Kyle, Councilmen F. H. Bergmann, Harvey L. Knauss, Robert C. Moore, Edward P. Saxe; City Attorney, F. A. Anderson; City Administrator, pro tem, Hugh Wilkinson; City Engineer, Keith Thompson; City Recorder pro tem, Susan E. Bierly. 2. PLEDGE OF ALLEGIANCE i. MINUTES, for approval July 10, July 12, 1967 A correction was made on the July 12 minutes on page 1, Robert C. Moore was present. Approved as corrected. 4. ORDINANCE - An Ordinance Amending and Supplementing Section 10, Chapter VIII (Parking Regulations) of Ordinance No. 66-20 Prohibiting Parking within designated areas within the right-of-way of: S.W. Pacific Highway (99-W), S.W. Highway 217, S.W. Main Street, S.W. Burnham Street, S.W. Commercial Street, and Repealing Ordinance No. 67-1 and No. 67-37. Ordinance Number 67-41 - Ordinance read`three times by title and number. Motion: Councilman Saxe, Seconded by Councilman Knauss Roll Call: Councilman Bergmann, NAY; Councilman Knauss, AYE; Councilman Moore, AYE; Councilman Saxe, AYE; Mayor Kyle, AYE. Approved by a majority vote of Council. 5. ANNEXATION ORDINANCE - An Ordinance Setting Hearing with Respect to_Proposed"Annexation of the Lands of Circle A-W Products Co., :Inc. .In Sec. 1, T2S, R1W, W .M., Washington County, Oregon and Directing Giving of Notice'Thereof. Ordinance No. 67-30 - ordinance read three times by title and number. Public Hearing - 8:00 B.M., Monday, August 14, 1967, Council Chambers, City Hall, Tigard, Oregon Motion: Councilman Bergmann, Seconded by Councilman Knauss Roll Call:" Councilman Bergmann, AYE; Councilman Knauss, AYE; Councilman Moore, AYE; Councilman Saxe, AYE; Mayor Kyle, AYE. Approved by a unanimous vote of Council. 6.t ANNEXATION ORDINANCE - An Ordinance Setting Hearing with respect to proposed annexation of: the'-lands,of Leslie H. Flye and`Arleta''Flye being a portion of Lot 15, Greenburg ;Heights `Addition, Washington County, Oregon', and Directing Giving, Notice Thereof. 7/24/67 Page 1 Ordinance ,To. 67-42 Ordinance read three times by title and number. Pub lid_`iearing - 8:00 P.M., Monday, August 14, 1967, Council Chambers, City IIall, Tigard, Oregon. ?lotion: Councilman Moore, Seconded by Councilman Saxe. Roll Call: Councilman Bergmann, AYE; Councilman Knauss', AYE; Councilman Moore, AYE; Councilman Saxe, AYE; Mayor ;:yle, AYE. Approved by unanimous vote of Council. 7; PROPOSED ANDERSON/OLSON/LAWRENCE ANNEXATION Recommendation of City Engineer to annul the previous Ordinance and start the annexation procedures over again. The Council agreed to this recommendation_ 3. RESOLUTION AUTHORIZING ISSUING OF IMPROVEMENT WARRANTS The City Engineer reported that it would be necessary for the City to borrow $20, u00. for payment of progress payment 43 for S.11. Main St. :.mprovement District. Motion: Councilman Bergmann to authorize the Mayor and City Recorder to sign the necessary papers for the Improvement Warrants for S.W. Main St. Improvement District, Seconded by Councilman Knauss. Approved by unanimous vote of Council. 9. S.W. MAIN STREET IMPROVEMENT DISTRICT PROGRESS PAYMENT (a) Report given by City Engineer - Total to date: $45,684.41 (b) Third Progress Payment - '$25,684.41 Motion by Councilman Saxe, to pay Progress Payment 43, Seconded by Councilman Bergmann. Approved by unanimous vote of Council. 10. APPROVAL OF APPLICATION FOR CLASS "A" DISPENSERS LICENSE - Rip's Restaurant Motion: Councilmai, Bergmann,Seconded by Councilman Knauss. Approved by "unanimous vote of Council'. APPEAL OF ACTION OF PLANNING AND ZONING COMMISSION ON JUNE 20, 1967, REGARDING ,CONDITIONAL USE OF DELORES STOVER FOR=A DAY NURSERY - 8485' S.W. Hunziker. Public Hearing - 8:00 PCM. Mayor Kyle read the recommendation from the Planning & `Zoning Commission presented by, John Perry, Chairman. Dolores Stover presented a petition of 20 signatures of persons who do not object to the proposed Conditional Use. 7/24/67 Page 2 The f:.iloi, ng persons were in favor of the above Conditional Use: Mrs. Hues, Peggy Gensman, Mrs. Schilling, Mrs.-Raglione. The following persons were not in favor of the above Conditional Use: Mrs, Mayes, Mr. Mayes,-Ivan Jacek, Mrs. Jack, trc. Williams, Mr. Williams, Mrs. Zigilinski', Mr. Zigilinski, Mr <;oLI„ Mrs, Martin, Mr. David Martin, Mr. Clint Craven. Motion. C`:r ;_rl:nan Knauss to repeal the Planning & Zoning action, a, Seconded by Councilman Saxe. Roll Call-: Councilman Bergmann AYE; Councilman Knauss, AYE, Councilman Moore, AYP, C:vncilman Saxe, AYE, Mayor ty majority vote of Council. OTHER BUSINESS 1, PHIL LEWIS CONTRACT (a) Report by City Engineer of progress of easements for Phil Lewis Sewer Line, contract" has been signed by Paul Construction. The City has 45 days to sign the contract from June 26. Motion: Councilman Saxe to authorize Fred Anderson, City Attorney, to negotiate with Mr. Hunziker and Mr. Christian in regards to the easements for the Phil Lewis Sewer Lire, ' Seconded by Councilman Bergmann. Approved by unanimous vote of Council. Motion: Councilman Bergmann to authorize the Mayor and City Recorder;to sign the Phil Lewis Contract. Seconded by Councilman Saxe. Approved by unanimous vote of Council. 2. AGREEMENT WITH ADKINS Staff & Press dismissed. 3. PHIL LEWIS :CONTRACT It was agreed by the Council to add to theResolution that the money,that ;the Phil Lewis School pays to the City be put in a'.trust account; not to be used for any other'purpose. 4.' S.W.'PACIFIC HWY. - TUALATIN RIVER ANNEXATION. Motion: Councilman Moore to authorize City Attorney to make the decision as to whether or not an appeal should be taken and to procede:accordingly, Seconded by Councilman Bergmann. Approved by unanimous vote of Council 5, DON J- BATCHELAR vs. CITY OF TIGARD it was reported by the City Attorney;that the case was dismissed. ; 7/24/67 Page 3 6. PINEBROOK SEWER INTERCEPTOR Motion: Councilman Saxe that the City Council go on record that we will construct the Pinebrook Interceptor regardless of the outcome of any lawsuit, Seconded by Councilman Moore.' Approved by unanimous vote of Council. 7. ADJOURNMENT: 9:50 P.M. 7/24/67 Page 4 MEN— To Tigard City Council From: Tigard Planning and Zoning Commission Subject; Report on Appeal for Dolores Stover, Tax Lot 290, May 2S1 1BC located at 3435 S.t7. Hunziker, heard before the Tigard `Planning & Zoning Commission on June 20 1967. Planning and Zoning Action: Conditional Use was granted with the following conditions: (1) That the applicant submit at the next regular meeting, plans for parking and plans for a turnaround on the property, (2) That the Conditional Use be restricted to a five year limit. 1. There is need for such a service in Tigard. 2. Applicant demonstrated to their satisfaction that this in no way would be a nuisance to neighbors. All outdoor playing will be on the property and within an enclosing fence. 3. The traffic at :the intersection at 217 and Hunziker didn't 'seem so large that it would be a hazard entering and leaving the applicant's, property.; 4. We have approved' a parking; scheme that allows 'four parking spaces plus space for one additional car to enter the property, turn around: and exit onto Hunziker without backing onto the street'. 5. Many remonstrators saw this as -a zone change or a preliminary to a zone change'. This is not the intention of the Zoning Ordinance nor the intention of the Planning and Zoning ' Commission y Q H APTME NT LP — �a LP y. 4.�VV Y. 21 77 1614 .r�� t;�M rn r N ° TI 77 (/j f5 t ll CC Al Aa r � � u S' e