ccm19650928COMMON COUNCIL CITY OF MUSKEGO
MINUTES OF MEETING HELD SEPTEMBER 28, 196.5 CITY HALL
THE MEETING WAS CALLED TO ORDER AT 7:33 P. M. BY MAYOR
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GOTTFRIED.
PRESENT: MAYOR JEROME GOTTFRIED, ALDERMEN ARTHUR BOSTATER,
EDMUND BUDISH, PAUL M. DEANCELIS, HENRY HUDZIAK, MYRON H.
WEAVER, DONALD E. WIESELMANN AND HENRY WOLF, CLERK-TREASURER
BETTE BOWYER AND ATTORNEY WILLIAM REILLY.
ABSENT: CITY ATTORNEY RICHARD HIPPENMEYER
MINUTES: ALDE RMAN BUDISH MOVED THAT THE MINUTES OF THE
1 PREVIOUS MEETING, SEPTEMBER 14, 1965, BE APPROVED AS XAILED.
ALDERMAN WOLF SECONDED THE MOTION AND IT CARRIED.
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FINANCE COMMITTEE - ALDERMAN WOLF PRESENTED THE REPORT OF THE
FINANCE COEMITTEE MEETING OF SEPTEMBER 22, 1965, AND MOVED
THAT THE REPORT BE ACCEPTED AND PLACED ON FILE. ALDERMAN
BOSTATER SECONDED THE MOTION AND IT CARRIED.
PUBLIC SAFETY COMMITTEE - ALDERMAN WIESELMANN PRESENTED THE
REPORT OF THE PUBLIC ~AFETYCOMMITTEE MEETING OF SEPTEMBER
23, 1965, AND MOVED THAT THE REPORT BE ACCEPTED AND PLACED
ON FILE. ALDERMAN HUDZIAK SECONDED THE MOTION AND IT CARRIED.
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PUBLIC WELFARE COMMITTEE - ALDERMAN DEANGELIS PRESENTED THE
REPORT OF THE PUBLIC WELFARE ,COMMITTEE MEETING OF SEPTEMBER
22, 196.5, AND MOVED THAT THE REPORT BE ACCEPTED AND PLACED
ON FILE. ALDERMAN BUDISH SECONDED THE MOTION AND IT CARRIED,
PUBLIC WORKS COMMITTEK - ALDERMAN WIESELMANN PRESENTED THE
REPORT OF THE PUBLIC WORKS COMMITTEE MEETING OF SEPTEXRER 17, 1965, AND MOVED THAT THE REPORT BE ACCEPTED AND PLACED
ON FILE, ALDERMAN WEAVER SECONDED THE MOTION AND IT CARRIED.
RULES. LAWS & ORDINANCES COMMITTEE - ALDERMAN WEAVER PRESENTED
THE REPORT OF THE RULES, LAWS & ORDINANCES COMMITTEE MEETING
OF SEPTEMBER 16, 1965, AND MOVED THAT THE REPORT BE ACCEPTED
AND PLACED ON FILE. ALDERMAN DEANGELIS SECONDED THE MOTION
AND IT CARRIED.
PLANNING COMMISSION - THE REPORT OF THE PLANNING COMMISSION
MEETING OF BPTEMBER 21, 1965, WAS ACCEPTED AND PLACED ON FILE.
MAYOR GOTTFRIED ADVISED THE COVNCIL TO GIVE SPECIAL
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ATTENTION TO THE RECOMMENDATIONS RELATIVE TO GRAVEL, INC.
SEWER SITE COMMITTEE - THE REPORT OF THE SEWER SITE COMMITTEE
SPECIAL MEETING OF SEPTEMBER 27, 1965, WAS ACCEPTED AND PLACED
ON FILE.
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ORDINANCE #20 - ALDERMAN WIESELMANN REPORTED ON ORDINANCE #20,
I. E. AN ORDINANCEESTABLISHING A POLICE AND FIRE COMMISSION
IN THE CITY OF MUSKEGO, WHICH HAD BEEN REFERRED TO THE PUBLIC
SAFETY COMMITTEE AT THE PREVIOUS MEETING. HE ADVISED THE COUN-
CIL THAT THE COMMITTEE REALIZED THE NEED FOR ADEQUATE POLICING,
THAT BUDGET ASPECTS HAD BEEN DISCUSSED AND THE COMMITTEE FELT
THAT OTHER COMMUNITIES MIGHT BE CONTACTED AS TO AMOUNTS OF
THEIR BUDGETS.
ALDERHAN HUDZIAK ADVISED THAT HE HAD REVIEWED ORDINANCE#20
AND FOUND THAT IT WAS ALMOST THE SAME WORDING AS THE STATE
STATUTE, THAT THE ORDINANCE MUST BE ADOPTED AND THAT PROPER
POLICING IS NECESSARY TO TAKE CARE OF ORDINANCES WHICH HAVE
BEEN ESTABLISHED BY THE RULES, LAWS & ORDINANCES COMMITTEE.
THE CLERK READ A LETTER FROM CITY ATTORNEY HIPPENMEYER
INTERPRETING PORTIONS OF ORDINANCE #20.
ALDERMAN DEANGELIS MOVED THAT THE COUNCIL RECONSIDER THE
MOTION MADE TO REFER ORDINANCE #20 TO THE PUBLIC SAFETY
COMMITTEE. ALDERMAN WEAVER SECONDED THE MOTION.
ALDERMAN WIESELMANN ADVISED THAT HE WAS AWARE THAT THE
ORDINANCE WOULD EVENTUALLY HAVE TO BE ADOPTED BUT ADVISED
THAT THE PUELIC SAFETY COMMITTEE WAS CAPABLE OF DETERMINING
A PROPOSED BUDGET AND THAT A PUBLIC HEARING SHOULD BE HELD
PRIOR TO ADOPTION OF ORDINANCE #20. IN ANSWER TO QUESTION FROM ALDERMAN HUDZIAK, ATTORNEY
REILLY ADVISED THAT AMENDMENTS COULD POSSIBLY BE MADE TO THIS
ORDINANCE BUT THAT MOST OF IT IS CONTROLLED BY STATE STATUTES.
ALDERMAN WEAVER OFFERED AN APOLOGY TO THE POLICE DEPT.
FOR HIS QUOTATION WHICH HAD APPEARED IN THE TRI-TOWN NEWS
THAT WE WERE NOT GETTING MUCH POLICE PROTECTION FOR $??,ooo,
HIS INTENTION BEING THAT NOT MUCH PROTECTION CAN BE BOUGHT
FOR $~I,000 AS, IN HIS ESTIMATION, THE PRESENT POLICE DEPT.
IS DOING A GOOD JOB.
A ROLL CALL VOTE WAS CAST ON THE MOTION TO RECONSIDER
AND ALDERMEN BOSTATER, &DISH AND WIESELMANN VOTED “No” AND
ALDERMEN DEANGELZS, HUDZIAK, WEAVER AND WOLF VOTED '!AY.E" AND
THE, MOTION CARRIED.
ALDERMAN WIESELMANN MOVED TO TABLE ORDINANCE #20 UNTIL
THE NEXT KEETING. ALDERMAN BUDISH SECONDED THE MOTION AND
UPON ROLL CALL ALDERMEN BOSTATER BUDISH, DEANGELIS, HUDZIAK,
WIESELMANN AND WEAVER VOTED "'AYE" AND ALDERMAN WOLF VOTED “No”.
THE MOTION CARRIED.
THE CLERK READ A PROCLAMATION FROM MAYOR GOTTFRIED PROCLAIMING
OCTOBER AS MUSKEGO P. T. A. MONTH.
MAYOR GOTTFRIED REMINDED THE COUNCIL OF THE BUDGET MEETINGS
WHICH WILL BEGIN NEXT WEEK,
MAYOR GOTTFRIED ANNOUNCED THAT A RESOLUTION WAS BEING PRESEN-
TED UNDER NEW BUSINESS APPOINTING GERALD LEE BUILDING INSPEC-
TOR IN THE NEWLY CREATED FULL TIME POSITION AT A MONTHLY
SALARY OF $625 PER MONTH. HE POINTED OUT THE RESPONSIBILITIES
INVOLVED IN THIS POSITION AND ADVISED THAT SINCE HE BECAME
BUILDING INSPECTOR IN 1962, MR. LEE HAD BECOME A STUDENT OF
OUR PARTICULAR ZONING ORDINANCE. HE URGED THE COUNCIL TO
CONFIRM THE APPOINTXENT AND SALARY.
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RESOLUTION #94 - THE CLERK READ RESOLUTION #94, I. E.
RESOLVING THAT A CONTEST BE HELD IN ORDER THAT A SYMBOLIC
CITY SEAL BE DESIGNED.
a ALDERMAN WEAVER MOVED FOR THE ADOPTION OF RESOLUTION #94. ALDERMAN WOLF SECONDED THE MOTION.
ALDERMAN BVDISH QUESTIONED IF THIS RESOLUTION SHOULD
NOT HAVE BEEN APPROVED BY THE FINANCE COMMITTEE.
ALDERMAN WOLF WITHDREW HIS SECOND TO THE MQTXON. ALDER-
MAN BVDISH SECONDED THE MOTION.
ALDERMAN WOLF MOVED TO AMEND RESOLUTION #94 BY ADDING
TO THE THIRD PARAGRAPH "AFTER APPROVAL BY THE FINANCE COMMITTEE".
ALDERMAN HVDZIAK SECONDED THE MOTION AND IT CARRIED.
UPON ROLL CALL ALDERMEN BOSTATER AND WIESELMANN VOTED
"NO" AND ALDERMEN BVDISH, DEANDELIS, HUDZIAK, WEAVER AND
WOLF VOTED "AYE" AND RESOLUTION #94 AS AMENDED WAS ADOPTED.
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RESOLUTION #95 - THE CLERK READ BESOLUTION #95, I. E. APPOINT-
MENT OF GERALD LEE BUILDING INSPECTOR.
ALDERMAN WEAVER MOVED FOR THE ADOPTION OF RESOLUTION #95.
ALDERMAN HVDZIAK SECONDED THE MOTION.
ALDERMAN WIESELMANN QUESTIONED IF MR. LEE QUALIFIED FOR
THE POSITION UNDER SECTION 2 OF ORDINANCE #16, AND SUGGESTED
THAT A FORM GIVING DETAILS AS TO HIS QUALIFICATIONS BE PRE-
PARED.
MAYOR GOTTFRIED ADVISED THAT BECAUSE OF MR. LEE'S PAST
PERFORMANCE SINCE 1962, A DETAILED DESCRIPTION OF HIS QVALI-
FICATIONS WOULD NOT BE NECESSARY. THE MAYOR READ THAT PORTION
OF SECTION 2 OF ORDINANCE #I6 RELATIVE TO THE REQUIREMENTS
OF BUILDING INSPECTOR. HE ADVISED THAT MR. LEE HAD BEEN A
GENERAL CONTRACTOR FOR 5 YEARS AND IN HIS OPINION MET ALL THE
REQUIREMENTS.
ALDERMAN WOLF MOVED THE PREVIOUS QUESTION. ALDERMAN
WEAVER SECONDED THE MOTION AND IT CARRIED.
UPON ROLL CALL, ALDERMEN BOSTATER, BVDISH, DEANGELIS,
HVDZIAI+ KEAVER AND WOLF VOTED "'AYE" AND ALDERMAN WIESELMANN
VOTED No AND RESOLUTION #95 WAS ADOPTED.
JiESOLUTION #96 - THE CLERK READ A COMMUNICATION FROM MR.
WALTER VESBACH, DATED SEPT. 28, 1965, OFFERING LEASE OF 21.3
ACRES AT $3500 PER YEAR FOR LAGOON SITE.
MAYOR GOTTFRIED COMMENTED ON THE SPECIAL MEETING OF
THE SEWER SITE COMMITTEE WITH MR. VESBACH MONDAY MORNING,
SEPT. 27,
ALDERMAN BVDISH SUGGESTED THAT RESOLUTION #96 BE REFERRED
TO THE FINANCE COMMITTEE FOR FURTHER STUDY AND RECOXMENDATION.
THE CLERK READ RESOLUTION #96, I. E. ACCEPTING THE
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PROPOSAL OF WALTER VESBACH TO LEASE 21.3 ACRES FOR $3500 PER
YEAR FOR LAGOON SITE.
ALDERMAN WOLF MOVED TO SUSPEND THE RULES THAT INTERFERE
WITH ADOPTING RESOLUTION #96. ALDERMAN WEAVER SECONDED THE
MOTION AND IT CARRIED.
ALDERMAN WOLF MOVED TO ADOPT RESOLUTION #96. THE MOTION
LOST FOR LACK OF A SECOND.
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BESOLUTION #97 - THE CLERK READ RESOLUTION #97, I. E.
AUTHORIZATION OF RECONSTRUCTION OF CROWBAR ROAD.,
ALDERMAN WEAVER MOVED FOR THE SUSPENSION OF THE RULES
THAT INTERFERE WITH ADOPTION OF RESOLUTION #97. ALDERMAN
BUDISH SECONDED THE MOTION AND IT CARRIED.
ALDERMAN WIESELMANN MOVED FOR THE ADOPTION OF RESOLUTION
#97. ALDERMAN WEAVER SECONDED THE MOTION AND IT CARRIED UNANI-
MOUSLY UPON ROLL CALL,
pESOLlJTION #90 - THE CLERK READ RESOLUTION #98, I. E. INSURANCE
BIDS.
ALDERMAN WIESELMANN QUESTIONED IF THE BIDS WERE SUBMITTED
BY AN AGENT OR A COMPANY.
ALDERMAN WOLF ADVISED THAT THEY WERE SUBMITTED BY AGENT
AND PROVIDED THE NAMES OF EACH.
ALDERMAN BOSTATER MOVED FOR THE ADOPTION OF RESOLUTION
#90. ALDERMAN BUDISH SECONDED THE MOTION AND IT CARRIED- UNANI-
MOUSLY UPON ROLL CALL.
VOUCHER APPROVAL - ALDERMAN WOLF MOVED THAT THE COMMON COUNCIL
APPROVE FOR PAYMENT VOUCHERS IN THE AMOUNT OF $13,012.04
PAYABLE TO SEPTEMBER 28, 1965. ALDERMAN BUDISH SECONDED THE
MOTION AND UPON ROLL CALL THE MOTION CARRIED UNANIMOUSLY.
LICENSE APPROVAZ - ALDERMAN BUDISH MOVED THAT THE COUNCIL
APPROVE A LIQUOR AND MALT LICENSE FOR ROSEMARY PAPROCKI.
ALDERMAN WOLF SECONDED THE MOTION AND IT CARRIED.
IT WAS NOTED THAT THE FINGERPRINT REPORT HAD NOT BEEN
RECEIVED FOR CHARLES GREEN.
RADIO TOWER - CIRCLE COMMUNICATIONS. INC. - ALDERMAN DEANGELIS
MOVED THAT A PUBLIC HEARING FOR CIRCLE COMMUNICATIONS, INC.,
WHO DESIRE TO BUILD A RADIO TOWER IN SECTION 7, BE HELD AT
7:OO O'CLOCK OCTOBER 26, 1965, FOR THE PURPOSE OF REZONING
OIP OVERLAY. ALDERMAN BUDISH SECONDED THE MOTION AND IT
CARRIED.
CITY OFFICIAL ‘S REPORTS
COUNTY BOARD SUPERVISOR MYRON WEAVER REPORTED THAT THE
COUNTY BOARD HAD AGREED TO FORM A 35 DISTRICT MEMBER BOARD.
COMMUNICATIONS - THE FOLLOWING COMMUNICATIONS WERE PRESENTED
BY THE CLERK WITH DISPOSITION AS FOLLOWS:
COMMUNICATION FRON CONGRESSMAN GLENN R. DAVIS ANNOUNCING
COMPETITIVE EXAMINATION FOR ACADEMY NOMINEES, PLACED ON FILE.
COMMUNICATION FROM ALDERMAN MYRON WEAVER EXPRESSING CON-
CERN OF THE PRESENT STREET LIGHTING SYSTEM, REFERRED TO PUBLIC
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SAFETY COMMITTEE.
MISCELLANEOUS BUSINESS
ALDERMAN BUDISH REPORTED THAT IN THE &ETTER TO THE EDITOR
SECTION OF THE TRI-TOWN NEWSPAPER, A COPY OF A LETTER FROM
WALTER VESBACH To THE CITY OF MUSKEGO APPEARED, BUT THAT l PORTIONS OF PARAGRAPHS HAD BEENDELETED. ALDERMAN BUDISH
MOVED THAT CITY ATTORNEY HIPPENMEYER CONTACT THE LOCAL NEWS-
PAPER RELATIVE TO INCOMPLETE PRINTING OF THIS LETTER. ALDER-
MAN WEAVER SECONDED THE MO ,TION AND IT CARRIED.
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MUSKEGO ASPHALT PLANT - ALDERMAN DEANGELIS MOVED THAT THE
COUNCIL BY SOME MEANS HAVE MR. DALE DAWSON WHO OWNS AND
OPERATES THE ASPHALT PLANT HIRE AN ENGINEER AT HIS OWN
EXPENSE WHO WOULD BE DESIGNATED BY THE CITY TQ GIVE SOi'fE
TANGIBLE EVIDENCE AS TO CONDITIONS OF SMOKE, SMOG, STEAM,
ETC. ALDERMAN HUDZIAK SECONDED THE MOTION.
l ALDERMAN DEANGELIS AND ALDERMAN HUDZIAX ADVISED THAT
THEY HAVE RECEIVED NUMEROUS COMPLAINTS FROM RESIDENTS IN THE
AREA OF THE ASPHALT PLANT.
ALDERMAN BOSTATER EXPRESSED HIS OPINION THAT IF THE
COUNCIL WANTS AN UNBIASED OPINION FROM AN EXPERT, IT WOULD
BE IRREGULAR TO ASK MR. DAWSON TO ASSUME THE EXPENSE, THAT
THE CITY SHOULD PAY THE COST.
THERE WAS SOME DISCUSSION AS TO THE CONDITIONS TN THE
AREA OF THE ASPHALT PLANT. SEVERAL OF THE ALDERMEN COMMENTED
THAT THEY HAD OBSERVED THE PLANT IN OPERATION AND DID NOT
FIND THE CONDITIONS IN THE AREA AS HAD BEEN REPORTED. ALDER-
MAN WEAVER COMMENTED THAT CONDITIONS WERE WORST WHEN THERE
WAS HIGH HUMIDITY.
THE MOTION WAS DEFEATED.
0 ADJOURNMENT - ALDERMAN DEANGELIS MOVED FOR ADJOURNMENT,
ALDERMAN HUDZIAK SECONDED THE MOTION AND THE MEETING WAS
ADJOURNED AT 9:35 P. M.
RESPECTFULLY SUBMITTED,
CLERK-TREASURER
DATED THIS ?ST
DAY OF OCTOBER, 1965.
B. SENDS
REC. SEC'Y