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Approved Minutes - 1971-07-20 • •f July 20, 1971 The regular meeting of the Council of the City of Lake Oswego convened at 7:30 pm. Present were Mayor MacLean, Councilmen Cook, Dent, Goodall, Needham and Smith, City Manager Deane Seeger, City Attorney Jim Cox, and staff members. Mayor MacLean offered the invocation. Minutes of the July 6th regular meeting were approved as mailed. PUBLIC HEARINGS 1) Public hearing on proposed Ordinance No. 1435 - deferred from June 15tl regu- lar Cotincil":.meeting. I) Moved by Councilman Cook; seconded by Councilman Smith that this matter be further deferred until the regular meeting of September 7th in accord with Committee of The Whole recommendation. 1 Moved by Councilman Goodall; seconded by Councilman Smith that the rules be waived to allow public testimony.. Councilman Cook recommended that the motion be denied and that anyone who would like to speak on the matter do so at the next Committee of,Thc Whole Ill ® meeting. Majority agreed. The original motion was unanimously adopted. 2) Public hearing on appeal from Planning Commission approval of conditional use application of Mrs. Oi Lin Tiland. (Appeal made by petition of 66 families. ) Comments in support of the petition were made by Ray L. Johnson, Gordon Flenner, Harold Haaland, W. E. Torget, Bruce Jensen and Ben Wold. Traffic congestion and restaurant use were primary objections. Mrs. Wilda Southard and Rod Grimm spoke in favor of the use. Mrs. Tiland commented briefly on the remonstrances. Public hearing closed. Lengthy discussion by Council members followed. Moved by Councilman Smith that the matter be referred back to the Planning Commission. Motion failed for lack of a second. Moved by Councilman Needham that the conditional use be granted with the restriction that no food may be served for cohsumption on the premises. Motion failed for lack of a second. • Moved by Councilman Cook; seconded by Councilman Goodall that the action of the Planning Commission be over-ruled and the conditional use be denied. Upon roll call vote, Councilmen Cook, Goodall and Smith voted "yes"; Councilmen Dent and Needham voted "no". Motion carried. I 3) Public hearing on appeal of James Durham from Planning Commission denial of ® variance application for adjustment from required R-7.5 lot 'depth and set- , III back standards. III Mr. Mahoney showed a map of the area in question and explained proceedings to date. He recommended that Council grant the variance requested. Mr. Durham spoke in support of his appeal and expressed the opinion that the. Planning Commission decision was unfair. Public hearing closed. Moved by Councilman Goodall; seconded by Councilman Cook that the decision of the Planning Commission be over-ruled and that the variance be approved. Motion passed unanimously. REPORTS OF COMMITTEES 1) Report of Council Comm;. lee of The Whole re: • a) Proposed Ordinance No. 1435 (Plan Review). Motion to accept report. Moved by Councilman Cook; seconded by Councilman Dent that the report be accepted. Motion passed unanimously. REPORTS OF OFFICERS . 1) Schedule and award of bid on LID 134 (Palisades Heights No. 5 Streets,.) . Moved by Councilman Needham; seconded by Councilman Cook that the single bid of Portland Road & Driveway, in the amount of $54,339.00, be accept. Motion passed unanimously. ; • 2) Schedule and award of bid on LID No. 135 (Fir Ridge Road Streets. ) III Moved by Councilman Cook; seconded by Councilman Needham that the single bid of Portland Road and Driveway, in the amount of $24,153.00, be accepted. Motion passed unanimously. ,/ III 3) Schedule and award of bid on one crawler loader and accessories. Moved by Councilman Cook; seconded by Councilman Goodall that the bid of International Harvester on their "International 100-C" be accepted. This was the lowest bid which incorporated all the specifications required . y the Public Works Department. Motion passed unanimously. RESOLUTIONS 1) Resolution extending moratorium on building permits in all duplex residential zones within City for a period of three months. ® Moved by Councilman Needham; seconded by Councilman Cook that the resolution be adopted. Motion passed unanimously. , I I 2) Resolution authorizing condemnation proceedings for acquisition of ease- ® ments on W.O. 1768 (Patton Street Interceptor). j Moved by Councilman Dent; seconded by Councilman Smith that the resolution be adopted. Motion passed unanimously. 3) Resolution waiving bid call for street light installation - L.I.D. 131 (Collins Way). Moved by Councilman Cook; seconded by Councilman Needham that the resolu- tion be adopted. Motion passed unanimously. 4) Resolution authorizing City Manager to execute agreement with State of Oregon 1 for 30% grant to assist in construction of interceptor sewers and a sewage pumping station. Moved by Councilman Der' seconded by Councilman Needham that the resolution be adopted. Motion passed unanimously. = 5) Resolution declaring Council intent to initiate L.I.D. No. 136 (Leonard- Durham Street Improvement. ) �g The Chair directed that this resolution be referred to the Committee of The Whole for further study. 6) Resolution approving the Portland Urban Area TOPICS, Type II System. III Moved by Councilman Needham; seconded by Councilman Cook that the resolution be adopted. Motion passed unanimously. UNFINISHED BUSINESS 1) Consideration of Resolution on formation of L.I.D. 124 as amended (Freepons). 11 Mr. Seeger said that Mr. Freepons understands that the LID could not be con- structed this season, in the event proposed City purchase of his property is not consummated. He asked if the matter might be tabled. Discussion followed. Moved by Councilman Dent; seconded by Councilman Smith that this item be , set over until the first regular meeting in January, 1972, or until such II unanimously. time that the Council might elect to consider it. Motion passed unanimously. I . .., ORAL COMMUNICATIONS FROM THE AUDIENCE 1) Mr. John Smets requested consideration of two problems: 1) Traffic separator at State and "B" which he feels should be removed. 2) Relaxation of the outdoor burning ban.II . ® Mayor MacLean pointed out that neither matter falls under City jurisdiction. ME Mayor State has been advised of the problems created by the traffic separator, and meetings are currently being arranged regarding the burning situation. `% t E NEW BUSINESS I) Bid proposals for fence relocation at the Municipal Golf Couk'se. ,, Mr. Seeger explained that the construction of Carter Road has necessitated taking a portion of the second green at the golf course. In this connec- tion proposals were invited from two companies for relocation of the fence, as follows: Columbia Fence Company $2,129.00 King Fence Company ii 2,345.00 Estimate for the work was $2,700. The City Manager recommended acceptance of low bid. Moved by Councilman Dent; seconded by Councilman Needham that the bid of Columbia Pence Company, in the amount of $2,129.00, be accepted. Councilman Goodall offer, d several suggestions for changes• at the golf course. These were ruled not germane,• to the question. The motion passed with Councilman Goodall voting "no". `' Councilman Goodall called attention to the fire hazard created by spraying operations on the Southern Pacific right-of-way. Mr. Seeger replied that , ' Southern Pacific officials have been notified 'and that a reply is expected III0 momentarily. III Councilman Dent requested a report for next Committee of The Whole regarding use of proceeds from the Traffic Safety Fund. He also requested that plot 111 al plans be posted on the wall in the Council Chambers for all future public, hearings. Recgrder ' Roualtab,C0y CIL: " yor , i o