Approved Minutes - 1971-04-20 •
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April 20, 1971
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The regular meeting of the Council of the City of Lake Oswego convened at 7:30 pm.
• Present were Mayor MacLean, Councilmen Cook, Goodall, Knowles, Needham and Smith,
City manager Deane Seeger, City Attorney Jim Cox and staff members Abraham,
De Haas, Mahoney and Bush.
Mayor MacLean offered the invocation. ,
Minutes of the April 6th. regular meeting were approved- es mailed. .,••
PUBLIC HEARINGS ,
1) Continuation of public hearing on proposed Pormation of LID 130 (Carter Road
Water and Street Improvements.)
The City Manager read a resolution of agreei:.Jnt• signed by School District and
City setting forth the following provisions for the improvement of Carter Road:
1) Provide a safe 36-foot collector street with parking controls that will
adequately meet future traffic needs of school and public at large.
2) Designed as a "Parkway" with provisions for street tree plantings, and
beautification in lieu of proposed '!islands!'.
ill 3) Conform to school driveway facilities already constructed on the school
site.
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Remonstrances against formation of the District were heard from Messrs.
St. Clair and Kruse. •
Public hearing was closed.
Resolution was read forming district and authorizing bid call. A 20.0 remon-
strance to the formation was recorded.
Moved by Councilman Needham; seconded by Councilman Cook that the resolution be
adopted.
Councilman Goodall asked how the 36-foot width would affect parking, bus turning,
M etc. She also noted that, specifications for, the work should include the plant- '
ing of. an avenue of trees along the property. Mr. Abraham displayed a prel'imi-
nary map of the proposed 36-foot road and explained 'the details of parking, eta -,.-.
The motion before the Council passed unanimously.
Moved by Councilman Goodall; seconded by Councilman Needham that the finished
plans for the"road include landscaping to be included at the time of construc-
. tion. Motion passed unanimously.
Councilman Cook suggested, and Council agreed, that a definite oust for such
>, 411 landscaping be included in the plan. .
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REPORTS OF COMMITTEES
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1) Report of Council Committee of The Whole re:
a) ,Alto Park water contract.
b) Agreement with Lake Corporation for use of Well No. 2.
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c) Building moratorium in duplex zones.•
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moved by Councilman Knowles; seconded by Councilman Goodall that the report
be accepted. motion passed unanimously. (Copy attached hereto).
REPORTS OF OFFICERS
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1) Engineer's report on proposed LID No. 135 (Fir Ridge Street and Lighting
Improvements.)
Resolution accepting report end setting a date for public hearing on forma-
tion of district.
moved by Councilman Cook; seconded by Councilman Knowles that the resolution
be adopted. motion passed unanimously.
2) Two easements for recording (Collins Way LID No. 129.)
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moved by Councilman Knowles; aeconded'by Councilman Smith that the easements
be accepted for recording. motion passed unanimously. •
ORDINANCES
1) ORDINANCE NO. 1425 - AN ORDINANCE AMENDING LOC 43.370 REGARDING ESTABLISH-
• MENT OF RATES FOR WATER FURNISHED TO TOWNS, WATER DISTRICTS AND WATER COM-
PANIES OUTSIDE THE CITY'S BOUNDARIES, AND DECLARING AN EMERGENCY
Moved by Councilman Smith; seconded by Councilman Goodall that the ordinance
be read the first time by title only. ,motion passed unanimously.
• Moved by Councilman tiesdham; seconded by Councilman Goodall that the ordi •
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nance be reed the second time by title only. Motion passed unanimously.
ORDINANCE NO. 1425 was read the second time by title only and, upon roll
call vote, was unanimously adopted.
2) ORDINANCE NO. 1426 - AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF
IMPROVEMENT BONDS OF THE CITY OF LAKE OSWEGO, OREGON, IN THE AMOUNT OF FOUR
HUNDRED EIGHTEEN THOUSAND, ONE HUNDRED FIFTY-FOUR DOLLARS AND NINETY CENTS
• ($418,154.90), PURSUANT TO THE BANCROFT BONDING ACT, AND DECLARING AN EMER-
GENCY
Moved by Councilman Goodall; seconded by Councilman Cook that the ordinance
be read the first time by title only. Motion passed unanimously.
Moved by Councilman Cook; seconded by Councilman Knowles that the ordinance
be read the second time by title only. motion passed unanimously
Councilman Cook suggested that, unless there was a real possibility the right
of redemption after three years would be exorcised, it could be more advany,
tageous to the City to delete such reference from the ordinance. Council and
III III staff agreed. 1
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Moved by Councilman Cook; seconded by Councilman Smith that in Section 4• of
the ordinance as presented, the sentence "Provided, however?, that those bonds •
maturing after June 1, 1974 shall be subject to call and rddemption .,in numeri-
cal order on June 1, 1974 and on any interest payment date thereafter as
provided by the laws of the State of Oregon regulating the 'issuance and Bale
of such bonds" be deleted in its entirety. motion passed unanimously.
motion to read the ordinance for the second time by title' only passed unani- '
mously. ORDINANCE NO. 1426 was read for the second time by title only and,
upon roll call vote, the ordinance, as amended, was unanimously adopted.
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RESOLUTIONS '
1) Resolution adopting Wholesale Water Rate Structure. .
. moved by Councilman Needham; seconded by Councilman Cook that the. resolution
be adopted. motion passed unanimously.
2) Resolution fixing a building moratorium in duplex zones for a. period of three •
months.
moved by Councilman Needham; seconded ,by Councilman Cook that the resolution
be adopted.
Councilman Knowles asked for further explanation of the matter.
moved by Councilman Cook; seconded by Councilman Knowles that audience par-
ticipation be allowed. motion passed unanimously.
Tom Carter spoke as counsel for mr. Jarvis, applicant for building permit at
5th and Evergreen for construction of so-called duplex. A moratorium on
. building in duplex zones has been recommended by the Planning Commission.
mr. Carter pointed out that his client has met all requirements in the •ap- ,
plication for subject permit. ,
The City Attorney said that there ie a delicate legal question involved in
, this situation since the application was4fi].ed,
Pad• atit tip`
• Mr. Jarvis and Carl Gaddis, contractor for the /proposed building, also• spoke. , .
in opposition to the moratorium. Council discussion followed.
_._moved by Councilman Knowles; seconded by Councilman Needham that the matter
• be deferred to the next Committee of The Whole meeting. Councilmen Goodall; •
Knowles and Needham voted "yes"; Councilmen Cook and Smith voted "no". The
motion passed by majority vote.
** (See further action later in those mi.nutee.)
The City manager asked if Council wanted staff to follow the guidance of the ,
City Attorney. The answer was yes. .
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III 11/ UNFINISHED BUSINESS
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1) Consideration of appeal of Sutart Lindquist from Planning Commission denial
• of variance request on Lot 8, Block 5, South Oswego.
Mr. Seeger read the report of Mr. Abraham whose department has been•contact-
ing property owners regarding the proposed vacation of Worthington Street
in return for dedication of additional right of way along maple Street.
Efforts have proved inconclusive thus far. The only action possible at this
time would be the vacation of the southerly 100 feet of Worthington, adjacent
to the Lindquist property. Thin would make;the Lindquist property .a legal-
sized lot, but the remaining Vaught property would be undersized still.
•• Mr. Mahoney presented maps showing the various South Oswego development .
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patterns end other information relating to the R-5 study as requested by
the Planning Commission
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1„oved by Councilman Needham; seconded by Councilman Cook that the ruling of
the Planning Commission be upheld. Motion passed unanimously.
• ORAL COMMUNICATIONS FROM THE AUDIENCE ,
1) Allan Patchett, whose home is in close proximity to the Municipal Golf Course, '
showed Council a box of golf balls which he claimed have fallen onto his
property, constituting trespass. Tress on his property, which in the past '
have formed a screen of sorts, will be removed when Carter Road is widened.
• Mr. Patchett requested that,the necessary right of way be taken .from the
golf course side of the road. '
' 2) Nellie Zundel asked Council if any H.U.O. funds would be availableto ,the
L.I.O. 133 project. She was informed that staff is pursuing all poseibili-
ties of such grants.
_ 3) Mr. Ludwig asked several questions pertinent to the engineering ,on LID 133. .
Mayor MacLean referred him to Mr. Abraham's' office.•
NEW BUSINESS: ,
1) Councilman Goodall asked the City Manager to contact the Manager in Corvallis
regarding student apartment complexes and the experience of that city with'
such structures. .
** 2) Councilman Needham moved for reconsideration of the matter•of a moratorium
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on duplex zone building. Councilman Cook seconded; motion passed unanimously.
The City Manager re-read the resolution'in question.
Moved by Councilman Needham; -seconded by Councilman Cook that the previous
action to refer this matter to the Committee of The Whole be rescinded and
that the resolution declaring the moratorium (Resolution No. 71-28) be
adopted Upon roll cal "o, Councilmen Cook, Goodall, Needham and Smith
voted :."; Council Kt} wles voted "no". The motion passed by majority
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Recorder
approved by Council