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HomeMy WebLinkAboutApproved Minutes - 1961-09-19 PM ® . . 1 September 19, 1961 40 - , The regular meeting of the Council of the City of Lake Oswego con- venod at 7s34 p.m. Present 'wave Coan, N.errnsen, Roes, Stewart, Thomas, and Mayor Stidd. Lawrence absent. Moved by Thomas, seconded by Coan that the minutes of the previous meeting, as mailed, be approved. So ordered. REQUESTS FROM AUDIENCE: , Mr. Charles Couche asked that L.I.D. tf61 PALISADES HEIGHTS, be considered At this time. During the discussion, it was brought out that the previous inquiry of the Council in regard to including sanitary sewers to this L.I.D. would be in viola- tion of our city ordinance because no connection could be made to the city sani- tary sower system. A resolution for the formation of L.I.D. 061 was then read. Moved by Stewart, seconded by Coan that said resolution ba adopted. So ordered. COMMUNITY PLANNING it DEVELOPMENT - Councilman Ross Councilman Ross presented plans end specifications for the new library for Council approval. An explanation •f the plans and specifications was given by Mr. Church, the architect. The Mayor inquired as to an estimate of the cost. Mr. Church re- plied that it was in the sum of around $1O0,O00 plus. At 7:44 p.m. Councilman Lawrence made his appearance. SMr. Wally Graham, President of the Library Association, also spoke, explaining the plans and specifications. At the end of the discussion, it was moved by Ross, =� seconded by Lawrence that the Council accept:the plans and specifications supplied and that the architect be authorized to advertise in the Daily Journal of Commerce and the Lake Oswego Review for bids and-that the bid opening be at the regular Council meeting of October 17th. Carried unanimously. (7s50 p.m.) CITY ATTORNEY - L. Eugene Crompton Papez-Berlandt zone changes Attorney Pete Blyth appearing for the proponent and /r William White for the opponent. • Mr. Papez spoke in his own behalf, submitting plans for a six-plex and asked a builder, Mr. Ford,•.to give his views. Mr. Ford stated that the land value was so high that it was uneconomical to build homes on the site in question, and that said site was more desirable for multiple dwellings. . Mr. Robert Odell and.Mr. Claude Smith both spoke 3n behalf of the proponent. Mr. E itri Alexis, Mr. Papez' designer, stated that it was his opinion that the value of the adjoining property would increase if the proposed building was placed upon this site. Mr. Papoz also stated that Mr. Gage, Mr. McFadden, Mr. Williams, Mr. Vinton, Mr. Willer, Mr. Orgle, Mr. Dorney and Mr. Chaney were all in favor of said proposed change. Councilman Stewart inquired if there could be an absolute guaran- tee that the proposed building as designed would be constructed if the zone change itwas granted. Councilman Ross also asked if such a change could be made. The City Attorney replied that such an understanding or agreement would be unenforceable. • Councilman Herman inquired if the Council could change the requirements if the piens wore altered. The City Attorney replied again that it would be unenforceable for the same reas•ns stated in the, previous answer. Councilman Coan suggested that • the property be deeded to a trustee, and receive a deed back with deed restrictions. • The City Attorney said that this would still be illegal and unenforceable. Attor- ney Blyth for the proponent aekod Chairmen Bean of the Planning Commission if he would comment. Chairman Bean stated that it was the Planning Cormiission's belief I 410 that the allowing of the variance would allow the proper and best use of the land, and it was his Commission's recommendation that ruch variance be allowed. Mr. Ben Walling, a local realtor, also stated that, in his opinion, said proposed use would be the highest and best use of the property. At 8:31 p.m. Mr. William Mite, attorney for the opponents, made his presentation, raising questions of law, jurisdiction, and whether or not notices had been sent to the affected property owners, also claiming that this was spot zoning and that said spot zoning was illegal. He supported his contention with a citation from 178 Oregon. At 8:46 p.m. he ended his presentation. . . Mr. Jack Schiffer stated his opposition, claiming it was based upon the safety factor involved by creating an increased traffic problem upon a narrow street. Mr. Robert Rushing stated his objection, based upon the ground that it de-valuos prop- erty. Mr. Barron Opposed for the same reasons as Mr. Rushing, as stated above. Mr. Chinn stated that single-family dwellings could be placed upon the property in dis- • pute, citing his home, a single-family dwelling, on ground that is comparable to the • Paper.-Uerlandt lots. At 9:09 Attorney Blyth closed for the proponent. During his argument he had Mr. Walt Reisner, a memtber.of the Planning Commission, testify that he was in opposition and that the Planning Commission had considered it and opposed such change. Councilman Lawrence then asked Chairman Bean if the Planning Commission decision was unanimous. Mr. Bean replied that the change was recommended by the Planning Commission. • • 9119 p.m. Discussion was then limited to members of the Council. During the 40 Council°s discussion, Councilman Ross salted Attorney Blyth if his clients own all of lots 56, 57, 58 and 59. The answer was they owned only a part of 56 and not all of Lot 57, but all of lots 58 and 59. Councilman Ross then asked Chairman Bean of the Planning Commission if this recommended zone change was contiguous to the other multiple-dwelling zone. Mr. Bean replied at the time they considered it, • . they believed that it was, but now it appears that it is not contiguous. Council- man Ross then stated that this definitely would be spot zoning and he would be , opposed. Councilman Hermsen stated his reasons why he will vote for the zone change. Councilman Lawrence commented on Councilman I rmsen's statement. Councilman Stewart then suggested that, due to the new zoning ordinance that will be considered in the near future, that he would like to withhold any action until after the 'new zoning ordinance was adopted. The Mayor ruled that this cannot be done. • At 9:35 p.m. Lawrence moved, Ross seconded that said petitioner's request be denied. City Attorney then called to the attention of the Council that if 25% of .the adjac- ent property owners have filed protest8 that 2/3 of the Council members must vote so ,. in favor of the zone change. Upon question beirig called for, said motion carried. ' Those voting no were Stewart and Harmsen. The zone change was denied. • Recessed at 9:40 p.m. Reconvened at 9:50. CITY TROPIC COMMITTER - T. Brooks, Chairman • Informed the Council that he flea contacted Norlander Kelley & Associates, consult- ing engineers, to matte the traffic study on "A'.' Street. A letter, containing their offer to perform certain services at a cost of $375.00 was presented. During the discussion Councilman Coen pointed out that he would like one other item in- cluded; namely the amount of parking and use of such parking, on "A" Street. It Was then moved by Coan, seconded by Hermsen that said offer as submitted be accepted, and that the additional information required by Councilman Coan be supplied `a and the additional cost to be negotiated with Norlander Kelley & Associates. So ordered. • • CITY ATTORNEY - L. Eugene Crampton s. Public hearing held on annexation of property covered by Ordinance No. 774. No written remonstrances on file in the Recorder's office and no oral ones from the floor. ORDINANCE NO. 776 - AN ORDINANCE ANNEXING 7'0 THE CITY OF LAKE OSIEGO CERTAIN LAND CONTIGUOUS TO nin CITY, BEING IN SECTIONS 7, 17 and 1 :, T2S, RIE, " .. W.M., CLACKAMAS COUNTY, OREGON, AND DECLARING AN EMERGENCY - read first time in its entirety. Moved by Lawrence, seconded by Coan that same be read second time by title only. Carried unanimously. ORDINANCE NO. 776 read eecond time by title only. Upon roll call vote, carried unanimously. ORDINANCE NO. 777 - AN ORDINANCE AMENDING ORDINANCE NO. 775 BY SETTING A NEW DATE FOR SALE OF GENERAL OBLIGATION BONDS AND DECLARING AN EMERGENCY - read first time in its entirety. Moved by Coon, seconded by Lawrence that same be read second time by title only. Carried unanimously. ORDINANCE NO..777 read second time by title only. Upon roll call vote unanimously approved. Transfer of Class A Dispenser°s license for the Lodge. Moved by Harmsen, seconded by Stewart that such transfer be allowed. Carried. City Attorney informed the Council that in regards to the Martindale suit in Fed- eral Court, Attorney Philip Levin has boon employed as a Deputy City Attorney fer • the purpose of defending this suit and that said motion should be made authoriz- ing Mr. Levin's appointment. Moved by Coan, seconded by Ross that such employment be authorized. Carried. ADMINISTRATIVE ASSISTANT - G. D. Gleason (1.J:22 p.m.) . 4 Presented a letter from Frank J. Ribbick requesting a public hearing for a lot variance. Moved by Lawrence, seconded by Stewart the public hearing be held on October 3 to consider such variance, notice of public hearing to.ba published once prior to the public hearing. Carried. < At this time Helen Millette inquired as to her request for annexation of a piece • of property which is not upon the agenda. City Engineer informed the Council that his policy has been to assemble as many annexations as possible and present them at one time. The City A.!ministrator also informed the Council that he has requested the City Engineer to make the roper study to see whether it would be advisable on annexations to apply the 2/3 rule. . The Administrative Assistant informed the Council that we had the use of a Cushman. • scooter, and it had been tried by the water meter readers, during the last reading period. Mr. Hughes informed him that by the use of this scooter, wo were able to reduce the meter reading time by four days. It normally takes 12 days to read the • meters. Mr. Garner, the dealer for Cushman scooters, had submitted cost for three • different types of scooters that would be u'sable: anew model of 18 h.p., $1321; a new model of 9 h.p., $1228; a second-hand model with 210 miles, $1149.95; or we . could lease at $47.68, $46.44 or $43.61 per month for the above units. After discussion, the Mayor referred this to Councilman Coan for recommendation. The Administrative Assistant called to the attention of the Council a letter from E. P. Pearson, stating his objection to the new zoning ordinance. Said letter will be placed on record for consideration when this is before the Council for their consideration. Presented a written request from Tom Brooks, Civilian Defense Director, for expen- ses to attend Civilian Defense conference at Salem the 19th and 20th of September suggested expenses to be $6.00 per diem plus the normal cost for public transporfiation - - from Lake Oswego and return daily. Moved by Lawrence, seconded by .Hermsen that said request be granted. Carried. Informed the Council that a letter from Lake Oswego Public Schools regarding the pupil pedestrian public safety had been received, and the schools Ned expressed their appreciation for 'the prompt attention city officials have gtsen this program. CITY ENGINEER - R. N. Cruden , (10:49 p.m.) Informed the Council that he had sent a registered letter to the Oregon Construction Company, calling to their attention the defect iw their sewer construction between'manholes 4 and 9 on Hallinan Circle and demanding . that said repairs be made under the terms of their contract. Als9 informed the Council that another like letter would be going forth to another contractor on another project which has also shown defective work. The Administrative Assis•• tent also informed the Council that there is one other project that has excessive infiltration and will have to be repaired at City expense because it did not come to our attention within the one year guarantee period. This is a project by another contractor. - (10:55) City Engineer then asked for about 30 to 45 minutes of the Council's time to explain his alternate plans for correcting the McVey sewer and that, if . the Council did not desire to spend this time, it should be put off for considera- tion until the next Council meeting. The Administrative Assistant informed the Council that time was of the essence and it was necessary to repair this sewer before the rains set in. That bids should be authorized and called for es soon as possible. Moved by Hermson, seconded by Lawrence that .the sewer committee, Councilman Stewart Chairman, consult with the City Engineer and, With the Committee's approval, said Engineer was to call for bids for said repair. So 40 ordered. . PERSONNEL COMMITTEE Presented following changes of pay status: Gerald Peterson from hourly to Equipment Operator, Step "A", $340.00 per month effective 10-1-61 Richard Wolff, new employee, Dispatcher, Stop "A", $300.00 per month, to replace R. McKellar, effective 9-10-61 Moved by Hormsen, seconded by Stewart the above actions be approved. Carried. Moved by Lawrence, seconded by Hormsen that the resignations of Bud Mace and R. McKellar be accepted. Carried. Moved by Lawrence, seconded by Coan that,,tho oral resignation of J. K. Steen, submitted to his supervisor, Mr. Hughes, be accepted. _Carried. PARKS CWNCILMAN HERMSEN t. Called to the attention of the Council the improvement being made to the small • boat landing. Stated that this work was necessary at this time during.the low water period. Also called to the Council's attention that the infield of Diamond Acres, George Rogers Park, had been seeded. SEWER PLANNING & DEVELOPMENT COMMITTEE Councilman Stewart Informed the Council that the bid opening for pipe for the lake interceptor should be at the regular council meeting of October 17th, and requested the Mayor to in- . form the Lake Corporation that the contractors wished the lake to be down by October 27th to a minus 23 feet. Recommended the City purchase' the pipe required for the lake interceptor sewer instead of the contractor in order to save time. -4- . •: MI • . . . _ , Moved by Hermsen, seconded by Coan that said bici call be authorized, publicriticn . being made in the Daily Journal of Commerce in the weeks of $eptc'rzhor 23th and 40 October 2. The bid call is to specify pipe to be f.o.b. Lake Osw qo by truck to be unloaded by the Contractor. Said hide will be aaceptod or :cejected within 49 days after said opening. Carried. FINANCE - Councilman Thomas Councilman Thomas called to the Council'a attention the annual audit being made by our C.P.A., Mr. Morgenthaler, and the fact that he is progressing' in a compe- tent manner. . PUBLIC SAFETY - Mayor Stud Mayor inquired as to the school lane crossing at Country Club end "C". Said cross.- walk is before the stop sign, and it was questioned whether this is proper. Dis-, ' cussion followed as to the marking of the crosswalk. This crosswalk will be viewed by the Mayor, the Superintendent of Public Works, and the Administrative Assa,tsnt, Corrections as warranted will be made. Councilman Lawrence then suggested there be a guard rail en McVoy,f3ridge to protect the pedestrians. This will be looked into by the City Engineer and the Superintendent of Public Works. There being no further business, meeting adjourned at. 11e30 p.m. ' 0 . • • . .4:0-jo_ez-ze-v-k„ - ;,- Recorder .g.