01/13/1969 Meeting - Laserfiche WebLink

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~ ,.., D 1/13/69 _I ation, anything outside could not be served: The City Mq.nager'said. j:hl,:) authc;>r:i.ty under this law allows use of this procedure only where a sanitary problem exists. He said if the item is referred to the Planning'Commiss{on, prompt consideration should be given in order to include the project in this season's construction, schedule. In answer to question from Councilman Purdy with regard to medical problem involved, Mr. John Stoner, County health officer, explained problems existing .in the area and' methods by which a survey was made on which the recommendation to annex was based. He said diseases are difficult to relate to the conditions which exist, but that the potential is there. He mentioned a recent recommendation for formation of a Metro- politan Sewer District, but said the problem in this' particular area. should be solved now', and he urged immediate action. A vote was taken on the motion to refer the item to the Planning Commission and to proceed with annexation posthaste, and the motion carried., Mrs. Hayward moved seconded by Dr. Purdy to approve Item 8 of the Committee report. The City Manager reviewed the study made by the County Sanitarian and developments leading to this annexation. J Mr. A. C. Schaeffer stated that he is a buildev in this area and that he objects to annexation of the area known as Crest Heights. He feels septic tanks are adequate in this area, and that there is a quantity of vacant land included which shou~d not be annexed at this time. Mr. Roy Burns, County Health Department, explained the method used to determine how much of this area presented a health hazard and how boundary lines had been set. He showed a map of the area to the Council and explained the areas now having sewage effluent on the .surface, and how septic tank failure affects city property below. Mr. Harold Wald, 2973 Portland Street, asked how the cost of improvements made as a result'of this annexation would be assessed. The City Manager said that a cost estimate had not yet been made, and that assessment would be made against benefited properties served by the sewer system. Mr. Robert Suess explained that an attempt had been made to form a sewer district in this area, but it had failed. Owners in the area of 40th Street felt they could take care of their problems by enlarging their septic tank systems. Mr: Burns explained that the problem was that effluent would show up in a lower area, and the entire area presented a hazard. Mr. Howard Buford, speaking as a citizen of the College Crest area, stated that, in his opinion, there was only one way to eliminate problems in the area, and this was by annexation. A vote was taken on the motion as stated and the motion carried unanimously. 1 9. Ordinance, Loitering - A memo was read from the City Attorney which recommended repeal of the present Section 32.65 of the City Code prohibiting loitering on City streets after 12:00 midnight, and substitution of a new Section 32.65, copies of which were previously distributed to Council members, based upon the ordinance suggested in the model penal 'code. He said the present City regulations with regard to loitering 'are similar to those in the city of Portland which have been declared invalid by the Oregon Supreme Court. The Police Department also recommends adoption of the new ordinance. I Mrs. Hayward moved seconded by Mr. Wingard to adopt the ordinance as recommended. Councilman Mohr questioned the need for the new 'regulations. He said he felt the police now have authority for action authorized under the new ordinance, that it would add another mechanism, that it is very restrictive and places burden of crime on a person before proof of a crime having been committed. The City Attorney said it gives an officer the opportunity to make investigation and to evaluate whether suspicious actions warrant arrest, and said it meets the constitutional objections of the courts. Councilwoman Beal suggested the ordinance be held for review and possible checking with the University law school. It was understood the o~dinance could be brought on for first reading at the January 13 meeting and held at that time if further investigation is felt necessary. The Manager said there is some urgency inasmuch as the existing regulation cannot be relied upon. I The Police Chief cited several examples where the ordinance is needed. He explained "field interrogation cards" and said police department personnel are well enough trained to determine whether suspicious actions at odd hours warrant arrests. He urged adoption of the new ordinance. A vote was taken on the motion to adopt, and motion carried. Mrs. Hayward seconded by' Dr. Purdy moved to adopt Item 9 of the C'ommittee report. All voted in favor except Mr. Mohr who voted no. Motion carried. 2 10. Excused - Councilman McDonald - Councilman. McDonald asked to be excused from the January 13, 1969 Council meeting. He will be out of town. No action was taken on Item 10 of the Committee Report. 1/13 /69 - 4 .....