Loading...
Approved Minutes - 1971-03-16 i ' March 16, 1971 . ' Ill � . The regular meeting of the Council of the City of Lake Oswego"bonvened at 7:30 p.m. " ' Present were Mayor MacLean, Councilmen Cook, Dent, 'Knowies, Needham and Smith, City Manager Deane Seeger, City Attorney 3im Cox, Messrs. Abraham, De1Haas and Mahoney, and Recorder Helen Bush, Mayor MacLean offered the invocation. The minutes of the March 2nd regular meeting were approved as mailed. . SPECIAL ORDER OF BUSINESS `' 1) Presentation of plaque to Chief Dahlquist on behalf of the Oregon State Board cf Police Standards and Training. . 2) . Certificate of Merit awarded to Cityby Oregon State Board of Health for main-- t• enence of water quality and purity standards. PUBLIC HEARINGS • 1) public hearing. on 'appeal of Stuart Lindquist from Planning Commission denial. of, variance request on Lot 8, Block 5, South Oswego. , . . 5 'Tom Curran, attorney for Mr. Lindqui'at, spoke in his behalf. r Harold Long, 690 Ash Street, requested that the appeal' be denied, claiming that ., substandard homes have been built in the neighborhood on 50x100 lots. Mr'.• Long , ' also submitted a petition .signed by three property owners, as well as letters of remonstrance from himself and Mr. E. Benno Philippaon. • Marty Schwan, manager of the local Benjamin Franklin office, commented that Mr. Lindquist is-considered to be a quality. builder. . Public hearing was closed. Moved by Councilman Cook; .seconded by Councilman Dent that the decision of the Planning Commission be upheld. • • . Mr. Mahoney explained that several building permits have been issued •in this vicinity and that he is currently making a study to determine how many have been issued on R-5 lots. ' The City Attorney explained that the lot in question was originally two 50x100 lots owned by Mr. Bob Vaught, with a house near Ana end of the parcel. Mr. Vaught then sold the half without the house to Mr. Lindquist, thus violating the zoning code and rendering both lots illegal. .The only grounds for grant— ing the requested variance would be Council's determination that a peculiar • hardship exists such as a topographic problem, a rock situation, ar the like. Mr. Abraham pointed out that a vacation petition,, for Worthington Street is ' under study and that Council approval of such vacation would eliminate the .need for a variance on the Lindquist property. Mr. Abraham will have a final report by April 20th. A, ,I . Councilman Smith moved to supersede the original motion by dekferring action on the appeal to April 20th. Motion seconded by Councilmen Dent and carried,. with Councilman Cook voting ,"no." Councilman Dent also votedO'no". (See - amendment of minutes — April 6, 1971.) , REPORTS OF COMMITTEES EES • 1) Report of Council Committee of The Whole: . • a) Relocation of Senior Citizens' Center. • There being no objections, the report was accepted as read. • REPORTS OF OFFICERS . 1) •The City managrar reviewed the facts in the Carter Road matter and;sd'iised Council that the District Attorney has ruled that the pending litigation had_ , not stayed the annexation. Resolution accepting jurisdiction of Carter Road from Clackamas County. , Moved by Councilman Knowles; seconded by Councilman Needham that the resolution be adopted. . . Councilman Smith asked if jurisdiction of the road would be :reversed in the event 410 the Patchette are successful in their suit. i1r. Cox said he felt it unlikely the suit will prevail. In any event, the road work must be done at this time. Motion passed unania,oualy. The resolution accepting jurisdiction of Carter Road • was signed by the Mayor and Recorder. (/ ) I`l Resolution ratifying proceedings taken under Resolution 71-5, and declaring . Council intention to initiate L.I.D. 130 (Cartier Road Street Improvement.) Moved by Councilman Cook; seconded by Councilnlan Smith that the resolution' be • adopted. - Councilman Smith asked if Council could levy the assessments should the Patchett suit be successful. Mr. Cox replied that, either under the original proceedings or supplemental proceedings, the_ costa of the 'project could be charged to the . property owners, with the possible exception Of the Patchett property. . The street work will be well under way before the ;suit is resolved. . . . Motion passed unanimously. .; . Engineer's report on proposed formation of LID 130. Resolution accepting Engineer's report and setting a date for public hearing on formation of the district. . Moved by Councilman Cook; seconded by Councilman Needham that the resolution be I III adopted. u ' Councilman Dent 'announced that he could,;not support the improvement aa.proposed. ' i . • 4 . He said there would be no necessity for a 44-foot road were lit noVfnr the IIIhigh school. He' suggested that staff present: an alternate rnelhod of assess- , ing the costs. Mr. Seeger explained that the assessment formula used is a tentative one. mayor MacLean pointed out that Council action at this time is limited to the formation of the district. The motion passed with Councilman Dent voting "no." UNFINISHED BUSINESS 1) Proposed formation of L.I.D. 133. (Upper Drive Area Sewers) —.postponed from March 2nd regular Council meeting. ' « Mayor MacLean Said that within the two—week interim period several communica—' tions have been received from area residents. Since the public hearing was closed on March 2nd, these cannot be considered in the percentage of opposition recorded, but they have been added to the file. • Councilman Cook favored formation of the district, stating that only by this. action could the welfare of the entire community be served. mmo III Councilman Knowles opposed formation because of the percentage of remonstrance recorded. III' Councilman Needham opposed formation at this time. He suggested that action be deferred until information is available concerning a possible HUD grant or ex— tension of the Bancroft Bonding period. . if The resolution to effect formation of LID 133 wee read in full at the.,March 2nd Council meeting. Mayor MacLean now called for a roll call vote on adoption of • the same. Councilmen Cook, Dent end Smith voted "yes"; Councilmen Knowles and Needham voted "no." Mayor MacLean stated that he is precluded from voting by the City Charter unless the vote ie tied. He added that, for the record, had there been a tie vote in this instance, he would have voted for formation of the district. • NEW BUSINESS • 1) The Mayor advised Council of a communication received from the Mayor of Klamath Falls, urging a favorable stand of-the2City on division of 0 do C land grant funds. The City Manager will -investigate the matter and poll the Council for ' - a recommendation. 2) Councilman Cook made the suggestion that, in the case of controversial L.I.D. 's, ' it might be advisable to enlist the aid of an advisory group of citizens in making .a decision on the assessment formula. Such a group would be appointed from among affected property owners. Councilmen present were in agreement. , • Mr. Seeger said that a resolution could be drafted setting out such aproce— dure. This will be on agenda for the May Committee of The Whole meeting. 2 PP,,��jiU i`: `i CO CIL: City Recorder z///,1 APAAPAPAPAIOr 00' • Mayor .