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

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minutes and findings of a public hearing before a Hearings Official at the current stage of the project. He said the intent of the hearing had been to provide the council with a full understanding of the issues related to the project. He said the normal process would be for the design, acquisition, and bidding stages of the project to be completed before consideration would be given to the formation of an LID and assessment issues. He said the issues raised regarding the project in question dealt with design and assessment equity. Ms. Swanson Gribskov said she believed it was awkward for the council to interfere with established procedures when an individual raised a concern about findings of a Hearings Official without dialogue regarding the concern. She asked if such a situation was common. Mr. Lyle replied that he was not aware of other situations disputing the findings of Hearings Officials. He said he had first learned of the scope of concerns when it was presented during the Public Forum of this meeting and had not been able to study the issues thoroughly. He added that if the council determined not to authorize moving the project into its design phase, no further work would be done by staff, including attempting to work through design issues raised by property owners. Mr. Tollenaar asked if any issue raised in the Public Forum would normally not be dealt with in the design phase of a project. Mr. Lyle said that all of the design issues raised would normally be dealt with in the design phase of a project and that assessment issues raised would be dealt within the process used to create a LID. Mayor Torrey said he was most concerned that right-of-way acquisitions would be irreversible. He asked why acquisition took place before approval was reached on design of a project. Mr. Lyle said that it would be possible for the council to only authorize proceeding with the design phase of the project and to identify where acquisition would be necessary. Mr. Farr moved, seconded by Mr. Tollenaar, that staff be directed to move forward with the design phase of proposed improvements to North Delta Highway from Green Acres Road to Ayres Road; and that prior to proceeding with acquisition and bidding phases of the project, a public hearing be held before the City Council, followed by a work session, and subsequent action session regarding it. City Attorney Glenn Klein asked if council action was required on the minutes, findings, and recommendations of the Hearings Official before staff could proceed with the design phase of the project. Mr. Lyle replied that it was his understanding that the council was not obligated to adopt the minutes and findings at this stage of the project because their purpose was to provide background information and for the Hearings Official to provie his interpretation of the issues. Ms. Swanson Gribskov asked Mr. Lyle to provide additional information, at some future time, about issues raised about the minutes, findings, and recommendations of the Hearings Official in the Public Forum. She also asked for an explanation of the involvement of area residents in the design phase of a street improvement project. Mr. Lyle replied that the design phase would normally include plotting the location of existing features, developing design options, and holding one or more public meetings for feedback regarding the design option proposals. Mr. Tollenaar suggested that appropriate contact with affected property owners be held during the design phase. He asked that staff provide clear education for those affected regarding code provisions such as large lot deferrals, Iow income subsidies, and Bancroft bonds. MINUTES--Eugene City Council December 7, 1998 Page 8 7:30 p.m.