CC Minutes - 12/078/98 Meeting - Laserfiche WebLink

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Dave Sonnichsen to position eight for a three-year term ending Dec 31, 2001, James Gent to position nine for a three-year term ending Dec. 31, 2001, and Gail Smith to position eleven for a three-year term ending Dec. 31, 2001; and that appointments be made to the Toxics Board, as follows: Steve Morgan to position two for a three-year term ending Jan. 22, 2002, and Steve Johnson to position five for a three-year term ending Jan. 22, 2002. The motion was adopted unanimously, 7:0. C. Improvements to North Delta Highway Mayor Torrey announced that Consent Calendar Item 3D was under consideration. City Engineer Les Lyle stated that approval of Agenda Item 3D would authorize staff to proceed with the formal design process, right-of-way acquisition, and bidding of improvements for the North Delta Highway project. He explained that when those processes had been completed, a public hearing before a Hearings Official regarding formation of a Local Improvement District (LID) would be held. He said all affected properties would be invited to participate in the hearing, the minutes and findings of the hearing would be presented to the council, and the council would decide if an LID should be formed. Mr. Fart asked if there was precedent for a public hearing before the City Council before completion of the process described. Mr. Lyle replied that he was not aware of such a precedent and that the typical (code) time for a public hearing before the council was if there was a majority remonstrance. He said public hearings about street improvements were normally delegated to the Hearings Official and was the reason the council was asked to approve minutes, findings, and recommendations from the hearings. He added that since the project in question was identified in the Capital Improvement Program, it did not require the public hearing or information session which had been held. He said experience had led to the practice of seeking approval of the council before moving a project into the design stage. Mr. Fart asked if authorizing staff to proceed with the design, acquisition, and bidding elements of the project in question was irreversible. Mr. Lyle replied that, if it was determined that concerns of property owners were not being appropriately addressed, it was possible for the council to request a work session or conduct a public hearing on the project before the decision to process an LID was made. He stated that staff intended to work with area residents to address issues raised during the public hearing.. Mr. Fart stated that he found himself in an unusual position: he trusted the work of City staff, but felt that the Delta Highway project should be slowed and that the council should hold a public hearing regarding it. Ms. Taylor said that she also did not believe the project should be moved forward without a public hearing. Ms. Swanson Gribskov asked for an explanation of normal procedures used to appeal findings or decisions of a Hearings Official. Mr. Lyle replied that the council was not obliged to approve the MINUTES--Eugene City Council December 7, 1998 Page 7 7:30 p.m.