07/16/1975 Meeting - Laserfiche WebLink

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I K. R.ight-of-way Acquisition, 29th and fvillamette, authorization vIas requested on property owned by Richard H. and Mary A. Oehler (l8-03-07-.Il-6900) - $445. The proposed purchase price included cost of relocating five trees. Corom Mr. Hurray moved seconded by Mrs. Beal to approve the property 7/2/75 _ acquisition as requested. Motion carried unanimously. Approve L. Improvement Petitions 1. Paving, sanitary and storm sewers in Somerset H.ills III PlID - SB?; 2. Paving in Oakway PUD - 93.4% 3. Sanitary selver in area between 160 feet west of vli1lamette and ?earl Streets and bet~veen 4th (3rd Avenue) and 225 feet north of 4th ilvenue - 86.1'i~ 4. S'anitary sewer on High~,-ay 99N from Side Street to 500 feet south - 44.:n 5. sanitary sewer on Lots 4, 5, 6, Block 5, Agate Plat (north of 27ti" south of 26th, [vest of Agate, east of E'm,!cald) - 1009,; 6. Paving and sanitary sewer on Robin Street from Taney Street :.0 400~ teet. east of Taney Counci ll,'oman Beal inquired about the 44. 2~~ peti tion on the Highway 99N sewer. Assistant Manager anslvered that the State was one of the major property o.mers which would be assessed for this .improvement although that ownership was not represented on the petition. Its inclusion would make the percentage con- 'd b h' h . Corom s~ era ly ~g er. 7/2/75 Mr. Murray moved seconded by Mr. Williams to approve the petitions. Approve Motion carried unanimously. M. Zone change on area south of Kingsley Road between Goodpasture Island Road and Willamette River - From County AGT to C-2 PD (Smith, Brown, !!m.,ell) (Z 72 51) A renewal of the request to have this zone change application taken from the table was submitted by Laurence Thorp, attorney for the applicants. Staff suggested suspension of the rules to allow discussion before any action was considered ~ Mr. Hamel moved seconded by Mr. vlilliams to suspend the rules. Councilman Bradley wondered if discussion was appropriate in view of current litiga- tion on the subject property. He noted the attorney, Mr. Thorp, was not present, and he (Bradley) was concerned objections would be raised if discussion took place in the attorney's absence. Mr. B.radley also wondered if discussion at this time would prejudice the Council's position. Assistant Manager said the discussion was suggested partly because of the current li tigation, tha tit was an attempt to get the issue "off dead center." Mayor Anderson added that the request l'las to provide staff an opportunity to outline alternative actions, there would be no public testimony nor was action to be taken. Stan Long, assistdnt cittJ attorney, had no comment on whether discussion would be prejudicial to the Council's position. He said Mr. Thorp filed for reconsideration and it was assumed he "vuld be present. He noted that action today would be tentative, there would be opportunity for Mr. Thorp to enter the discussion a t the next formal Counc.i1 meeting. Councill.,oman Shirey sat., it as "filling the Council in" on the facts and that questions would be directed to that end. vote was taken on the motion to suspend the rules. Motion carried, all. Council members present vot.ing aye, except Councilman Bradley voting no. Assistant Manager said the best solution now even with litigation in process ap- peared to be referral to the Planning.Commission. That would require submission of additional information by the petitioners to meet Fasano rules, but would bring the issue back to the Council in a timely fashion. Referral would make the pro- cedure less subject to challenge and provide for a substa,ntively better decision ~ based on better information rather than a decision on the present record. ,., Councilman Murray asked for a brief review of the request in relation to the broader issue (Goodpasture Island overall general planning). He thought the prevailing Coullc.il opinion so far was that hearing this one request outside considerat.ion 7/16/75 - 10 393