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action could be taken only if all councilors agreed and asked if there were any objections to voting on the ordinance. There were no objections. Councilor Clark, seconded by Councilor Taylor, moved to approve the February 5, 2010, Minutes, Findings and Recommendations of the Hearings Official. Councilor Ortiz asked if discussions of the council's subcommittee on assessment policies would affect the council's action on the item. City Attorney Glenn Klein said that any recommendations by the subcommittee and subsequent agreement by the council would only apply to future projects, not existing projects. The motion passed unanimously, 8:0. Councilor Clark, seconded by Councilor Taylor, moved that the City Council adopt Council Bill 5017, an ordinance levying assessments for improvements on Elmira Road and Maple Street. Councilor Ortiz asked staff to explain the difference between the amounts assessed to different owners and noted there were 35 absent property owners along the street among the 105 people who were assessed. She also asked staff to elaborate on the request from LANCO Investments. Principal Civil Engineer Michelle Cahill stated that the assessment code required the City to assess property based on its frontage along the road, with a minimum of 50 feet, and that formed the baseline for assessment calculations. She said there were a number of properties that were eligible for low - income subsidy, which reduced their assessments. Those owners with the lower assessment were eligible for the subsidy program. with respect to LANCO Investments, she said the property owner had proposed not being assessed because a power pole blocked panhandle access. She said the City built a driveway at that location and believed the owner could use it to access the property with typical vehicles and should therefore be assessed. Councilor Ortiz thanked the City department that had worked on the project to improve Elmira Road and Maple Drive. She appreciated efforts to make the assessment costs affordable to property owners. Councilor Solomon also thanked staff for working closely with neighbors on the project and working through their concerns. She was very pleased with the final results. The motion passed, 7:1; Councilor Clark voting no. 5. ACTION: Approval of Minutes, Findings and Recommendations from the Hearings official and Adoption of an Ordinance Levying Assessments for Paving, and Constructing Curbs, Gutters, Sidewalks, Medians, Traffic Signal, Street Lights, Street Trees, Stormwater Drainage Facilities, Stormwater water Quality Bioswales, wastewater Facilities, and Related Improvements on Chad Drive and old Coburg Road from the East End of Chad Drive to North Game Farm Road; and Providing an Immediate Effective Date (Contract 2009 -27 )(Job #3923) Mayor Piercy announced that a public hearing on the assessment ordinance was held by the Hearings Official and therefore it was the first time the ordinance had been presented to the council. She said action could be taken only if all councilors agreed and asked if there were any objections to voting on the ordinance. There were no objections. MINUTES Eugene City Council February 22, 2010 Page 5