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City Council Packet - 05/15/1968 TIGARD CITY COUNCIL RECONVP:NED MEE`t'ING, MAY 15, 1968, 7:30 P.M. (Continued from Recessed Meeting of May 13, 1968) 1. ROLL CALL: Present: Mayor B. G. Kyle, Councilmen W. Del Ball, Floyd !I. 3ergmann, Harvey L. Knauss; Robert K. Logan, Fred. A. Anderson, City Attorney; City Recorder Abs-,n L: .,uricilman Robert C. Moore; Keith C. Thompson, Dire,_ tur of Public Works` 2. PLEDGE OF ALLEGIANCE 3. MINUTES FOR APPROVAL, April 22, 1968 (a) Approved as submrr.teci 4. FINANCIAL AND DEPARTAE,4TAL REPORTS FOR APRIL 1968 (a) Motion to accept reports: Councilman Bergmann, seconded by Councilman Knauss. Approved by unanimous vote of Council present. 5. PAYING OF THE DILLS, TOTAL $29,203.71 (a) -Motion to pay: Councilman Bergmann, seconded by Councilman Knauss. Approved by unanimous vote of Council present. 6.- ORDINANCE No. 68-26 - AN ORDINANCE SETTING HEARING WITH RESPECT TO PROPOSED ANNEXATION OF THE LANDS OF ALFRED BELL et ux in Section 4, T2S, R1W, W.M. , '4ASHINGTON COUNTY, OREGON, AND DIRECTING GIVING OF NOTICE THEREOF._ (a) Setting Public Hearing June 10, 1968 - 8:00 P.M. (b) Motion to set Public IIearing: Councilman Ball, seconded by Councilman Bergmann. Approved by unanimous vote of Council present. 7. _ JERRY PATTERSON CONDITIONAL USE APPEAL, Family Drive-In Theatre, Map 1S1 '36DC, Tax Lot 500, Zone C-3, Conditional Use Proposed: Swap Meet, Sat, and Sun. 8-4 P.M. Denied by Planning;and Zoning Commission. (a) Mayor Kyle read letter submitted by Mr. Patterson requesting Council to authorize conditional use application. (b) Motion to set Public Hearing for June 10, 1968, 8:00 P.M.; Councilman Bergmann, seconded by Councilman Knauss. Approved by unanimous vote of Council present. page 1 B. APPROVAL OF MALT BEVERAGE APPLICATION FOR LEE'S RESTAURANT -(a) City`Administrator reported Police Department had no objection to granting of a Malt Beverage License to Lee's Restaurant. (b) Motion to approve application: Councilman Bergmann, seconded by Councilman Knauss. Approved by unanimous vote of Council present. 9. ORDINANCE No. 68-27 - AN ORDINANCE SETTING HEARING WITH RESPECT TO PROPOSED ANNEXATION OF THE LANDS OF CHESTER L. ROBINSON, at al AND WILLIAM R. ROBINSON, at al in Section RMWASHINGTON OREGON AND DIRECTINGGIVINGOF NOTICE THEREOF. (a) setting Public Hearing -;June 10, 1968 - 8:00 P.M. (b) Motion to set Public Hearing: ,Councilman Ball, seconded by Councilman Knauss. Approved by unanimous vote of Council present. 10. SEWER INSPECTION AND REPAIR PROPOSALS (T.V.) (a) City Administrator reviewed for Council procedure used for inspection and repair of sower lines and presented map showing area under Consideration. He further stated Stevens, Thompson & Runyan, Inc. recommended procedure to be used for repairing Teaks. It is Stevens, Thompson it Runyan's recommendation the contract be awarded to Galco Grouting Service with the provision that repairs will be guaranteed for at least one year from completion of entire work. proposals were received from the following: Ed Wright & Bons) $280. per day Video scan ) $175. per day �`. TOTAL Penetryn System, Inc. $375.1.50 lb . foer r chemicals Gelco Grouting Service $345. per day 51.35 lb. for chem icala repare (b) a contract 4" Mayor'tolsign the contractywith Gelat oGrouting Service2cow r T.V. repairs maximum 'expenditure $7,200. Motion seconded by Councilman Bergmann. Approved by unanimous vote of Council present. 11. AGREEMENT ESTABLISHING THE COLUMBIA REGION ASSOCIATION (a) City Administrator recommende4 Mayor be authorized to sign agreement on behalf of City so that CRAG employees may continue their ratiremat plan. This agreement would not require an additional expenditure to the City and all Cities that are a member of CRAG have;approved the agreement. (b) Motion to authorise Mayor to sign agreement: Councilman Bali, seconded by Councilman Knauss. Approved by Unanimous vote of Council present. page 2 (5-15-68) 12. RESOLUTION 68-11 - RESOLUTION SETTING HEARING WITH RESPECT TO PROPOSED ADOPTION OF CITY OF TIGARD SUBDIVISION ORDINANCE OF 1968. (a) Setting Public Hearing June 10, 1968, 8:00 P.M. (b) Council discussed including provision in code to set aside land for open space or parks. City Staff to bring back report for May 27, 1968, Council Meeting. (c) -Motion to set Public Hearing: Councilman Knauss, seconded by Councilman Bergmann. Approved by unanimous vote Of Council present. 13. RENAMING OF S. W. HOFFARBER AVENUE (OLD HIGHWAY 217) (a) City Administrator recommended this matter be set-over for further discussion with Washington County Staff. 14. ORDINANCE No. 68-28 - AN ORDINANCE ANNEXING TO THE CITY OF TIGARD LANDS OF FRANKLIN E. CRESMER, 'EVA T. CRESMER, AND KATHERINE Z. O'NEIL being Lot 12, Frewing's Orchard Tracts, Section 2, T2S, R1W. W.M., WASHINGTON COUNTY, OREGON. (a) Public Hearing - 8:00 P.M. - CONTINUED FROM MAY 13, 1968 No Testimony Hearing Closed (b) 'Motion to adopt: Councilman Ball, seconded by Councilman Bergmann. Approved by unanimous vote of Council present. 15. ORDINANCE No. 68-29 - AN ORDINANCE ANNEXING TO THE CITY OF TIGARD LANDS OF JAMES,J. PRAGGASTIS; JOHN G. DAVISON AND MARY C. DAVISON, in Sec.-1, T2S, R1W, WASHINGTON COUNTY OREGON. (a) Public Hearing - 8:00 P.M. - CONTINUED FROM MAY 13, •+1968 No Testimony - Hearing Closed (b) Motion to adopt: Councilman Bergmann, seconded by Councilman Knauss. Approved by unanimous vote of Council present. 16. ORDINANCE No. 68-30 - AN ORDINANCE ANNEXING TO THE CITY OF TIGARD LANDS OF,CORNELIUS C. MILLER:AND EVA MILLER, in Section 36, T1S, Rlw, W.M.;, WASHINGTONr COUNTY,',OREGON. (a) Public Hearing'- 8:00 P.M. - CONTINUED FROM MAY 13, 1968 No Testimony -:Hearing Closed (b) Motion to adopt: Councilman Bergmann, Seconded by Councilman Knauss. Approved by unanimous vote of Council present.' ?age 3 (5-15-68) 17. ORDINANCE NO. 68-31 - AN ORDINANCE ANNEXING TO THE CITY OF TIGARD LANDS IN THE N.E. a AND THE S.E. i OF Sec. 12, T2S, MIN, W.M., WASHINGTON COUNTY, OREGON, INCLUDING OWNERSHIPS OF W. R. CIIAMBERLIN AND CO., FOUGHT AND CO., INC., A. T. NELSON et ux, ROBERT G. ROGERS, et ux, SOUTHERN PACIFIC CO., AND PREDELIVERY SERVICE CORP. (a) Public I `cj: .nu -' 8:00 P.M. - CONTINUED FROM MAY 13, 1968 No Testi u;ny Attorney e.nderson reviewed the background regarding the signing of the contract with Rogers Machinery, Attorney Anderson wrote Mr. Rogers, Apci1 22, 1968, notifying him of the City's intention to annex his property and to date no reply has been received. City Administrator commented annexation is being affected under triple 2/3's law. The only property owner who has not signed consent being the Southern Pacific Co. Public Hearing,Closed (b) Motion to adopt: Councilman Ball, seconded by Councilman Bergmann, Approved by unanimous vote of Council present. 18. ORDINANCE No. 68-32 - AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 68-25 PASSED BY THE CITY COUNCIL ON APRIL 22, 1968, TO CORRECT THE DESCRIPTION OF LANDS OF SARAH E. ,STEELE AND HOWARD S. GASS, et ux, being a part of GRAHAM ACRES SUBDIVISION in Section 35, T1S, R1W, W.M., WASHINGTON COUNTY, OREGON,''ANNEXED TO THE CITY OF TIGARD BY ORDINANCE 68-25. (a) City Administrator`stated an error had been made in the legal description of Ordinance 68-25 and Ordinance 68-32 was to correct the error.' (b) Motion to adopt: Councilman Bergmann, seconded by Councilman Knauss. Approved by unanimous vote of Council' present. 19. RESOLUTION No. 68-12 - DECLARING INTENTION TO CONSTRUCT A SANITARY TRUNK SEWER-IN AN AREA DETERMINED TO BE A SEWER IMPROVEMENT DISTRICT TO BE KNOWN AS O.E.A. TRUNK 'SEWER-IMPROVEMENT DISTRICT. (a) City Attorney questioned` formula used in computing assessment charges. Council requested City Staff to'bring back assessment charges for consideration. (b) Motion to adopt resolution: Councilman Ball, seconded by i Councilman Knauss. Approved by unanimous vote of Council'present. page 4 (5-15-68) 20. STOP SIGN ON S.W,. 96th & MURDOCK, 4-WAY STOP AT JOHNSON & GRANT (a)_ Motion by Councilman Bergmann to authorize City Attorney to prepare an ordinance for a stop sign at S.W. 96th and Murdock` and a 4-way stop at S.W. Johnson and Grant. Motion seconded by Councilman Knauss, Approveicl 1— ,r.aus vote of Council present. 21.- ORDINANCE No_ 68-3i -- .M1 ORDINANCE SETTING HEARING WITH RESPECT TO PROPOSED ANNEXA'PION OF THE LANDS OF STAN ADKINS BUILDER, et al in Sections 2 & 3, T2S,,R1W, W.M. ,WASHINGTON COUNTY, OREGON, AND DIRECTING GIVING OF NOTICE THEREOF. (a) Setting Public, He,«rzr.q ;tune 10, 1968, 8:00 P.M. (b) Motion to adopt Councilman Bergmann, seconded by Councilman _.. Knauss Approved by unanimous vote of Council present. OTHER BUSINESS 1. City Administrator stated he had received notification from the State Speed Control Board to reduce the speed limit on S.W. 121st to 35 mph. 2. Attorney Anderson commented he had received word the appeal to the Supreme Court on the Pi:nebrook case had been dropped, The reason the appeal was dropped was due to recent decision by the Supreme Court, Durham vs. City of Tualatin. Attorney'Anderson reported the case of Skourtes vs. City of Tigard was argued May 10, 1968, before the Supreme Court, 3. City Administrator discussed with Council the purchasing of additional land for park sites. ,Adjournment 9:15 P.M. ATTEST Mayor City Recorder. . /,