04/10/1967 Meeting - Laserfiche WebLink

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~70l e _~L!91 ~I _____ ____ --~--~_. Mr. Camarot, speaking for Mr. Gilbert, said an easement was given for in,stllation of the line across the Gi1bertprop~rty to serve properties fronting on Highway 9~N, and it was Mr. Gilbert's assumption at the time he granted the easement that its grant- ing was a courtesy and that there would be no assessment for that portion betw~en the properties facing Fairfield Street and those facing Highway 99N. 'Mr. Camarot also ' stated there was no mention of assessment at the time the easement was ~equested. I The City Attorney reviewed Charter provisions with respect to sewer and paving assess- ments and said there is no Charter limitation on distance from an improvement for mak~ ing assessments, that it is a matter of policy to as~ess the abutting property within 160 feet. Councilman Lassen "asked how deletion of the two assessments would affect assessments on other properties in the project, 'and was told that either the City would have to pay the amount deleted or that the other properties' would have to be reassessed. Dr. Purdy moved s'econded by Mr. Wingard to hold this item until the April 10,1967 Council meeting. Motion carried. e Dr. Purdy moved seconded by Mr. Anderson to proceed with the original assessment. Henry Camarot, attorney, stated he was representing Kenneth Gilbert and K. D. Gilbert, Inc." and in- formed the Council that because of possible later court action he had arranged for a court reporter to make a verbatim record of his presentation to the Council on behalf of Mr. Gilbert. -Mr. Camarot then reiterated arguments contained in the committee report. In addition, he stressed, that the Charter, by authority of which assessments are made, specifies assessments for improvements are' to be made against properties abutting a street, and argued that no d~dicated street exists where the sewer was 'installed. He further argued that the Charter specifies improvement costs must be estimated by ordinance, that the assessment formula is not uniformly applied, and stated that had Mr. Gilbert known "an assessment was to be levied he would have refused the easement". They. s,pe,cifically request'ed relief from $15,000 of the assessm~nt. I The City Manager pointed out the future potential benefit from the improve~ent and the increased value of the :property because of the sewer installation. He said connections have been made to the line and stubs have been provided for future connections. A vote was taken on the motion to proceed with the original assessment, and motion carried, Mr.Wingard voting no. 1 4. Willakenzie Land Use Plan - A letter was read addressed by the Eugene Development Agency to the Lane County Commissioners and Lane County Planning Commission opposing recent requests for rezoning to allow location of automobile dealerships in the Willakenzie area. The ,letter urged careful consideration of the effects of such re- zoning on the central Eugene business district." Dr. Purdy moved seconded by Mr. Anderson to receiv~ and file Item 4 of the Committee report. carried. Motion Committee meeting held April 6, 1967: I "Present: Mayor Cone; Councilmen Purdy, Lauris, Anderson, Lassen,Hayward, ~cDonaid, and Wingard; City Manager and staff; and others. 2 1. Skinner's Butte Cross - The Ci~y Attorney report~d that as the result of Eugene Saqd and Gravel Company's appeal in the Cross case, Oregon Supreme Court Justice Perry has i~sued ,a restr~ining order tb the City to the effect that the Cross shall not be removed 'during the pendency of, the appeal. e 3 2.' Conference on Community Goals - Vince Farina, 'chairman of the Eugene Planning Commis- sion, distributed copies of the Conference report which sets forth guidelines and policy framework for the City Council to consider f~r adoption as a guide for de- velopment d'ecisions. He said the Planning Commission concurs" i'n the Conference re- port and plans annual review of it. Also, that the Planni~g Commission recommends adoption of the re~ort by Council resolution. Mr. Farina'said that Betty Niven should be particularly commended for her work in connection with the Conference on Community Goals. Council members agreed that the report would be brought back for consideration at the April 13; 1967 committee meeting. Dr. Purdy moved seconded by Mr.Anderson that Items 1 and 2 of the Committee report be received and filed. Motion carried. 4 3. Sanitary Sewer, WS-67-1 - A letter was read addressed by ,the Pubiic Works Department to owners 'of properties in the Westward, Ho area polling the owners' preference for construction of:the sanitary sewer in the street or behind the 'curb. A reply to this lette~ fiom Jarold Kief~erwas 'also r~ad, expressing objection to,i~e City'~ letter insofar a~ it explained the iimit of the conirac~~r(s o~ligation for returning a street to its original condition if the line i~ installed in'the street. Results of the poll, shown by a map of the area, indicated preference for construction behind the curb except on Roan Drive and on Pinto Way, with no 'majority for either location on Country Lane. Mr. Anderson moved seconded by Mrs. Hayward to award the contract on the low basic bid, except that the alternate (construction in the street) be taken on Roan Drive and on Pinto Way. Motion carried. I e ~J 4/10/67 - 11