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City Council Packet - 06/24/1968 TIGARD CITY COUNCIL REGULAR COUNCIL MEETING JUNE 24, 1968, 7:30 P,M. AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES, June 10, 1968 5.- ORDINANCE NO. 68 - DOG CONTROL FOR INSIDE CITY LIMITS (a) Recommendation of City Administrator 6. WAIVER- CONDITIONAL USE FEE, TUALATIN RURAL FIRE DISTRICT (a) Recommendation of City Administrator 7. INCREASE LIMITS OF LIABILITY AND ADD FALSE ARREST INSURANCE (a) Recommendation of City Administrator and City Attorney 8. APPOINTMENT OF MUNICIPAL JUDGE PRO TEM (a) Recommendation of City Attorney ` 9. S. W. ? STREET (a) Discussion and Council Action 10. THOMAS R. & RUTH E. LAWSON - 9915 S.W. Frewing-Street, Map 2Sl 2CB, Tax Lot 3100, Present Zone R-7 (Residential) requested Zone A-2 (Multiple Dwelling). Application approved by Planning & :Zoning,rCommission (a) Setting of Public Hearing - July 8,1968 - 8:00 P.M. 11. ORDINANCE NO. 68-_ - AN ORDINANCE SETTING HEARING WITH RESPECT TO PROPOSED ANNEXATION TO THE CITY OF TIGARD LANDS';in SECTION 35, TIS, R1W, ,W,M.';WASHINGTON COUNTY, OREGON, COMMONLY KNOWN AS "GREENBURG HEIGHTS 'ANNEXATION" AND DIRECTING GIVING OF. NOTICE THEREOF. (a) ; Setting of Public Hearing - July 22,` 1968 8:00 P.M. (b) Adoption of; Ordinance 12. LIBRARY RENTAL LEASE (a) Recommendation of City Administrator 13. CORNELIUS C. & EVA L. MILLER, ZONE CHANGE - 11524 S, W. PACIFIC HWY„ Mn ,i7S1 36DA, Tax Lot 600 Present Zone, County :Zone C-2, Requested Zone, City C-3. (a) i Setting of Public Hearing - July 8,1968 - 8:00 P.M, (b) Recommendation of City Administrator. page 1 14. ORDINANCE NO. 68 37 - AN ORDINANCE GRANTING CHANGE WITH RESPECT TO THE LANDS OF JOH ' S DAVISON in Section 1, T2S, R1W, W:M., Tigard, Was!;ir.g ton County, Oregon . (a) Adoption of Ordinance 15. ORDINANCE NO. 68- 38 - AN ORDINANCE ANNEXING TO THE CITY OF TIGARD ,j LANDS OF CHESTER L. ROBINSON, et al, and WILLIAM R. ROBINSON, et ai ie Section 34, T1S, RIW, W.M. Washington County, Oregon. (a) Adoption of Ordinance 16. ORDINANCE NO. 68- - SUBDIVISION CODE (a) Public Hearing 8:00 P.M. continued from Council Meeting of June 10, 1968 (b), Adoption of Ordinance 17. RESOLUTION NO. 68- - ADOPTION OF 1968-69 Budget, Making Appropriations and Levying 'Faxes as on the Budget Document. (a) Public Hearing - 8:00 P.M. (b) Recommendation of City Administrator (c) Adoption of Ordinance 18. ORDINANCE NO. 68- - AN ORDINANCE ANNEXING TO THE CITY OF TIGARD LANDS OF GILBERT E. PIERCE et aI, and JULES E. KESSLER, in Section 12, T2S, R1W, W.M: Washington County, Oregon (a) Public Hearing 8:00 P.M. (b) Adoption of Ordinance 19. ORDINANCE NO. 68- - AN ORDINANCE GRANTING A ZONE CHANGE WITH RESPECT TO LANDS OF LOYD E. GRIFFIN et al, in Section 35, TIS, RW, W.M. Washington County, Oregon (a) Public Hearing - ;8:00 P.M. (b) Adoption of Ordinance 20. S. W. 91st AVENUE IMPROVEMENT DISTRICT (a) Public Hearing 8:00 P.M. 21. ADOPTION OF RESOLUTION AUTHORIZING'SHORT -TERM LOANS FOR O„ E. A, SEWER PROJECT (a)' Recommendation of City Administrator 22. OTHER BUSINESS 23. CALL TO AUDIENCE FOR THOSE DESIRII.h TO SPEAK 24. ADJOURNMENT page 2 (6-24-68) RF.GUI.AR 11F.'.TIti 24, IS-6 . ie-,t. i!. '. 1. Present. Mayor E,G. 1:yle, Councilmen a710y:1 V. 5v'�rc m-""'n ' flarvey L. nnausa;,'Robert C. t.00re' Rcs1:E:rt K. %c ::r,, C.itiy ;'�dministr.ator, Fred A, Keith C. Thamnscn, i)ircc-or of f :b' t _trti.q, City Rocorder bsent: Couneilman W. 1)el 1!111 2. PI,T4T>^1?, OF LGc:CiT +NCI;, 3. MINUTT"', FOR APPROVAL, June 10, 1968 (a) Apciroved as submitted 4 ORDINANCE No . L).7C7, CON'PROT, f)kl ! ;, N( PP, )V1 LANG FOP, C, P- TROT, OF 1100:; I>,t!NNT.NG r+7' '- ,RG.;, AJTL P- 17.I`JU Tii[: r NTIVJ C0jj,r:_. : .`t'TfiTt)N T',P7h PARTMP,TT7I, ()F pUUI,TC. 11^21�.,'IFl •"` 6111SftTCJGI :' COUNTY TO ENFORC.. QUIRING F.ABIb:S VACCINATION, r.ICENS IN( DOGS, PRESCRIBING PROCED71RES FCR PAY r [ .. OF CLAIMS, AND PROVIDING P NALITIES FOP V I O L11T I ON (a) City Administrator stater; :dashirrrton co,.,nty ordinance was not applicable inside city )imit<s ordinance adopted, an agreement :—uld havo to be worded out . li h Wn, County ,.or enforcement of ordinance and +:ayment [car services.. (b) Motion to adopt: Councilman Moore, seconded by aurtici; - man Bergmann. Approved by Unanimous vote of Council present. y. WAIVER - CONDITIONAL USE FEE - TUALATIN RUR.nr -IRE DISTRICT (a) City Administrator asked Council. to set policy regar-l:riq waiver of conditional u$e fee as r.enuired by Plann,xres and Zoning 'Code for Governmental Jurisdictions (b) Motion to waive for governmental units conditional AiGn and ^hange fee$, -as required by Planning and ''on- ing Codez Councilman Bergmann, seconded:by Council rtrii: Moore. Approved by unanimous votes Of CaunC:i I rr-_';ent. 6. LIABILITY INSURANCE (a) City Administrator recommended City add enaor srt t'= +± General ,Liability; policy for 5300,000. sing!= ity to comply with now requirements of. Oregon i �W' add false arrest insuranc- undAr th.t: noltc, .' c n-1-1 A;4fp of T.nT• lgFP or approximate cost of $121:00 ' At that ttpe city »y review insuranc- :,eeds. ";rcje one (b) M t.ivr! rc. ;. arn3e insurance policy 'imat, bW t. and add false sir rest coverage: CcunC s_m,;.r X. C;re, con(led by Cou ,^.iman Xr,auss, Approved by un:>nimous vote of Cour.c" press' t 7. APPOINTMENT OF T)CF, FR') TEM (a) At.tc ., 'ted he had no cbjec:t�u tor- uals :3 J nicipal .fudge, These nd cluai are v-• servo. 1,00je during vacation or .iinessr- , "ranaeen�. ., -,_.,mpen_ation of pro tern's fee to (b) Moho by %!man 9ergmann to appoint Mr C�c:rt r Ater ..n8 ;',r ,carol Wm- Davis as Mur ;cipa— Judd_ _c T'em arid for compensation for cervi::-, be made Y,y ;;urs, ote: Seconded by Councilman moorz, Approved b ....... i opus vote of.. Ccunc s 8. ' S.W. HOFFAFBt R %"ENUE ' ::) Hwy. 217) (a) Mayor i-.y.leee Washington County renamed Old ii-cb.- way 217 to 5,,:.: Hall Blvd, however, City had pre- rooata e `ctr trhe street within the City Limit . . The follt.win.1 ,ndivi.duals testified against the na'ne et S.,W. fInffarYrr Mr. La-wren-r- Rrneson of 13700 S-W, Hoffarber Mr, Max Sturgis of 13055 S.W. Hoffarber (b) Motion by'Cuunciiman Moore to adopt recommendati n of Washington County and change name to S W„ Hai- Blvd Seconded •aSeconded by councilman Bergmann. Motion failed to :ass due to_tie vote, Roll calof vote a6 follr,, Councilman Beramann. NAY, Ccunc m_.r, Knauss, 147ay; :ouncdIman Moore, AYE: ` or Ky:e. -AY' Street name will remain as S W.. Hcfiari,—r A,,e 9. THOMAS R. & RUTH E:.''U.WSON - 9915 S..W, Frew,ng Street, Map 2z>1 2CB Tax Lot 3300, Present Zone '.?-7 (residential)- ..Requested Zone N-2 (multiple dwelling), Application approved by Planning and Zoning commission. (a) Setting of Public Hearing - July 8, 3.968 8:0C F.rrl. (b) Motion to set public hearing: Counci:man. Bergmann. seconded by C--ian_ilmanKnauss, Approved by unanimous vote of Council present, 10 ORDINANCE No.. 68-43 - LN ODDINANCE SETTING HEARING WITH Rx ECT TO PROPOSED r.NNF.XATION TO THE CITY OE TIGAR TENDS IN SE•"TION'35, Tis, R11W, W M WAHINGTON "";LINTY, ORFC COMMONLY ..N.W.E Page two - June 24`, 1968 AS "GREZRBURG HZI(IHTS FNNEXATION'' AND DIRECTING GIVING OF NOTICE T iLREOF: (a) Setting of Public hearing - July 22, 1968 - 8:00 P.M. (b) to set z,.cr ro s 1,:1,119: Councilman Moore �,tco7, ded h; f..U�.'� ....?ri.cc lF t:'Yat183. , Approved by un>.,p:rnozr w vote of Council present, 11. CORNELIUS C. & EtJr" ;,, Z;:.RE, CHANGE - 11524 S.W. Pacific Hwy Map iSl 36DA, Tax Lot 600 Present Zone, County Zone C-2, Requested Zone, City C-3 (a) - City Administra.ru.e raPOrteid Miller property was recently annexed to City with Washington County C-2 Zoning, Since we do not have r 1 ,,arcing in the City Code, the City must pass Ord3re3Acme changing the zone to C-3. City Staff instructed to rsr pare ordinancefornext Council Meetinc, July 8,` 1968. 12. ORDINANCE No r8•3? &N ORDINANCE GRANTING A ZONE CHANGE WITH RESPECT TO THF LANDS OF JOHN G. DAVISON et al, in Section 1. T2S, R1W, W.M. Tigard, S^:ashington County, Oregon (a) fir. Penrose, ltea_tor, presented letter to Council from developer in rega,.a to type and height of proposed buildings. Those who opposed zone change;. Mr. Don Ba tki 7545 O.W. Crestview Mr. *tlen Pop;p, (buying home in area) Mr. Wm. rerry, '7505 <s.W.: Crestview (b) Ordinance No. 68-37 read by City Recr,--der three times by,title only.­'_.Totion;.approved by<unanimous ;vote of ' Council prew.ent. 13. ;ORDINANCE No. 68 - AN ORDS34sNCE ANNEXING TO THE CITY OF TIGARD LANDa OF CHESTER L. ROBINSON, et al, and [^lYi.LIP.M R. ROBINSON, et al in Section 34 T1S, `RIW, W.M. Washington County, Oregon (b)` Mrs. Ray Evanson, S.W. 'North`Dakota St., testified against annexation on ground of expected zone change Ordinance No, 68-38 read by City Recorder three times by;title only. Motion to adopt ordinance failed due to tie vote. Roll' Call ,of vote as follows: Councilman Bergmann, NAY, Councilman Krauss, NAY, `Councilman Moore, AYE, Mayor Kyle, AYE, Page three-June 24, 1968 14. ORDINANCE No. 68 Subi;IVISION CODE (a) Public Hearing 8:0() P. M. (Continued from Council Meeting of June 10, 196..) No Testimon City Staff matter be continued for further study, -(b) Motion by CrIUO Moore to continue public hearing to July 22, £i:00 p.m. Seconded by Councilman Knauss, Approved by un. „r,;a vote of Council present. 15. RESOLUTION No.. 68 17 - . .l"u-UTSON OF CITY COUNCIL ADOPTING THE ,ri :G1•:r OF THE CITY OF TIGARD FOR THE YEAR BEGINNI%a July 1., 1968. AND ENDING )z;yE 30, 1969 MAt>I_:v APPROPRIATIONS IN t T;)Rf)ANCE W.LTH THE BUDGET DOCUMENT, CLARING'A TAX LEVY AND CERTIFYING, ;'''T: :,10UNT OF TOTAL TAXES TO BE LEVIET ;. FUNDS AS..SHOWN BY THE BUDGET (a) Public Hearing 8:00 P.M. Total 1968-1969 }sudget $543,168.00 No Testimony-Hearing Closed (b) Motion to approve resolution: Councilman Bergmann, seconded by Councilman Moore. { Approved by majority vote of Council present. 16. ORDINANCE No. 68-38 - AN ORDINANCE ANNEXING TO THE CITY OF: Tl<.;h,RD LANDS OF GILBERT E. PIERCE et al, andrJULES E. KESSLER, in Section 12, T2S, R1W, W.M. Washington County, Oregon (a) Public Hearing 8:00 P.M. No Testimony - Hearing Closed (b) Motion to adopt: Councilman Bergmann, seconded by Councilman Knauss. Approved by unanimous vote of Council present. 17. ORDINANCE No. 68 - AN ORDINANCE GRANTING A ZONE CHANGE WITH RESPECT TO LANDS OF LOYD E. GRIFFIN et Al, in Section 35,::T1S, W.M. Washington County, Oregon (a) Public Hearing - 8:00 P.M. Those who testified`a?ainst zone`change: Mrs. Hagerman, 11945 S.W. 95th Mrs. Hagerman;also sjr;,3`e for Mr. Hass and Mr. and Mrs, Keller Mr. Griffin, owner, testified for zone'change (b) Motion to adopt zone change: Councilman Bergmann, seconded by Councilman Knauss, Motion failed by majority vote of Council present, Page four-June 24, 1968 - 18. S.W, 916t AVENUE IMPRGViLNFNT DISTRICT (a) Informal hearing 8:00 P.M. City Administrator reported property owners of 43.6, of total .fcOt.;9 '.,+J signed a petition for street iml>rovyment ii.i t-i•_t, Cost of improvement is from laza estimzktcl c. 500, to high estimate of $14,000. Mayor k(} re­a it.:;, from Mr. and Mrs, W.A. Pardy Opposing , .fie, i,ir.;q ovement Others who testi ;against street improvement: Mrs. Earl Johnaoa, o,�sposed at this time due to cost. Mrs. Nadine Henry, z,-ad copy of'letter dated July 1964 written by httt7ie.;y :itating city would help defray cost of street imqpruvr:ment Mr. Paul DolI Mr. Bob Beraud Mr. Joe Steinbec?k Mrs. Lena Nunnenkagip Those who test it"ie<; for: Mr. David Franzeai Mrs. Adaline Savel Mr. James Mcl:anzie Council took no action and will discuss at later Council meeting. 19. AUTHORIZE SUPPLEMENTAL 1!U1,K;FT FOR O.E.A. SEWER IMPROVEMENT DISTRICT AND SETTING OF PUBLIC HEARING (a) City Administrator stated at time 1968-1969 budget -as rarer-v—d City did not know the O.E.A. Sewer - Improvement ?)istr.ivt would be formed. In order for rhe City to qualify for short term loans to finance the project it is necessary to adopt a-supplemental budget in the amount of $65,000. ravenue and $65,000. expenditure. City Administratorrecommended adoption of supplemental budget in the amount of $65,000. and _ hold a public hearing July';is, 1968, '8:00 P.M. (b) Motion to set 'public hearing: Councilman Bergmann, ' seconded by Councilman Moore. Approved by unanimous vote of Council present, 20: APPROVAL OF SHORT TERM LOANS FOR O.E.A. SEWER PROJECT (a) City Administrator requested matter be postponed to July 15,: 1968, Council Meeting 21. LIBRARY LEASE (a) City Administrator reported,Mr. Sorg had signed-2 year library lease with 2 year option to renew: also $630. was due for back rent<of Library;space. 4 (b) Motion by Councilman .'.nauss to approve library lease and pay back sent; -_•sconded`by;Councilman Moore. Approved by unanimous vote of Council present.' ADJOURNMENTs 9.30 P.M. ATTEST: Mayor ij city_Recorder