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Home My WebLink About05/10/1976 Meeting - M I NUT E S EUGENE CITY COUNCIL May 10,1976 Regular meeting of the Common Council of the city of Eugene, Oregon was called to order by His Honor Mayor Lester E. Anderson at 7:30 p.m. on May 10, 1976 in the Council Chamber with the following Council members present: Eric Haws. Wickes Beal. Neil Murray. D.W.Hamel, and Edna Shirey. Council members Gus Keller, Tom Williams. and Ray Bradley were absent. I-A-l I - Public Hearings A. Continued from April 26, 1976 at which time public testimony was taken 1. Abatement. 2375 Madison Street (Dannemiller) Action on this abatement was held pending receipt of plan from property owner with regard to schedule for bringing property to code requirements. Manager explained the building was in violation of the code in various ways. and that the owner had been very slow in remedying many of the problems. However. since the April 26 Council meeting, Mr. Dannemiller had contacted the building divi- sion and prepared a letter containing certain promises with regard to comple- tion within nine months of the interior. as well as exterior work. Manager added that the premises had been cleaned up and made to look a great deal better. Don Allen, public works director. recommended concurrence in Mr. Dannemiller's written offer on completion of the remodeling wOrk. The necessary inspections will be made. Mr. Allen said. and the issue brought back to the Council should commitments not be met. e Councilman Murray asked if holding abatement action for the nine-month period would allow any progress checks. He wondered what would happen if nothing was done on the building for another four or five months. Mr. Allen answered that the letter submitted by Mr. Dannemiller provided for the right to retract the agreement if there is no progress within 120 days. It was understood nine months would be granted in which to com- plete renovation of the building at 2375 Madison Street, periodic checks and inspections to occur within that time. Mr. Dannemiller's letter of intent was received as a part of the record by reference thereto. 2. Annexation of area north of Holly Avenue between Delta Highway and Gilham Road (Barnes) (A 76-1) Action on this annexation was held pending distribution of background informa- tion. Some Council members had viewed the site on tour. Manager said that staff members were inclined to proceed with the addition to the city as originally proposed. although the initial staff report did not make a specific recommendation. e Jim Saul, planner, referred to staff notes which pointed out a number of con- siderations favoring this annexation - area is within the urban service area. basic urban services such as fire, police, sewer, can be extended, etc. The basic consideration, he said, was one of timing. Previous Commission con- siderations taken into account in preparation of staff notes indicated strong recommendations against annexation because it was not felt to be the proper time for the area to come into the city. After further reflection based on testimony presented to the Commission itself and the nature of the Commission's discussion as reflected in its minutes, staff feels it is now appropriate to annex this area, primarily because of the perceptible change on the Commission itself and the question that if this is not the appropriate time based on ob- ~~3 5/10/76 - 1 jections of those people being encircled, the question becomes one of when the appropriate time would be. If annexation depended solely upon the consent ~, of the people being encircled, it could be a long time before the issue was .., even considered. Mr.Saul also cited testimony before the Commission relative to the need for. additional property to round out the use of this area. Councilman Murray asked if previous reference to extending sewers across prop- erty not now within the city applied to areas along Balboa and Greenacres Streets. Mr. Saul answered that the primary location is on Tulip Street. Councilman Haws asked if there was any idea of when the property on Tulip Street would be annexed should the area under consideration be added to the city. Mr. Saul answered that if the resolution as presented was adopted, the prop- erties along Tulip, Balboa, and others as shown on the map, would be excluded and would become islands. He added that the Council had the option of recom- mending the inclusion of those additional areas. In further response to Mr.Haws, Mr. Saul said there were several such islands in the city now - in the Good- pasture Island area, and south of Belt Line Road. Councilman Murray asked if it would be appropriate to concurrently recommend annexation of the subject property and refer to the Planning Commission for recommendation the island areas that would be created. Manager thought such action might stir up a remonstrance. The reason the "island" properties were not included in this annexation proposal, he said, was because there would be sufficient votes from those people to throw out the entire proposal. At Mr. Murray's suggestion that the two would be considered as two separate issues, Manager replied that it might not be too productive an exercise. Resolution No. 2501 - Transmitting to the Boundary Commission recom- mendation to annex property north of Holly Avenue between Delta Highway and Gilham Road was read by number and title. - - Mr. Haws moved second by Mrs. Beal to adopt the resolution. Motion carried - Council members Haws, Beal, Murray, and Hamel voting aye; Councilwoman Shirey voting no. B. Appeal from Planning Commission denial of zone change at southwest corner of I-A-2 11th and Patterson - From R-2 to H-Historic (Calkins House)(Z 76-1) Appeal was filed by the Historic Review Board after rezoning was denied by the Planning Commission on April 6, 1976. Manager explained that the property owner, Harry Ritchie, through his attorney, Vern Gleaves, had asked for postponement. Members of the Historic Review Board had been contacted, he said. Some expressed the hope that the issue would be resolved not later than June 14. Jim Saul, planner, said that one of the Board members had asked that the hearing be held not later than June 14, if it was postponed, because he would be out of the country the latter part of June. In addition, Jan Muller, chairman of the Board, indicated some unforeseen business and was not able to attend the meeting this evening. Attorney Vern Gleaves, upon questioning from Councilman Murray, said postponement to the June 14 Council meeting was satisfactory with his client. Mr. Haws moved second by Mrs. Beal to postpone hearing on the Calkins House appeal to the June 14 Council meeting. Motion carried unanimously. -- 5/10/76 - 2 ~1i1f I-A-3 C. Annexation, east of Kimberly and Dogwood, south of 30th Avenue (Tillman) (A 75-11) e Modified Annexation - Terry Tillman - located east of Kimberly and Dogwood Drives, south of 30th Avenue - approximately 14 acres Recommended by Planning Commission March 29, 1976. Map of area has been distributed to Council. Jim Saul, planner, said the annexation proposal was discussed twice at Planning Commission meetings; Mr. Tillman, staff and the Commission agree the subdivision is in order. It would be the maximum extension of the City under the present urban service area in this region, extending up to the ridgeline, said Mr. Saul. Annexation is necessary to complete the street system, and it is consistent with the South Hills Study. Comm 4/28/76 Pub Hrng Mr. Saul further noted that, to the south, the city limits already extend past the ridgeline because of annexations in the 1960s. Plans for the cu.rrent proposal were worked out to bring the boundary up to the ridgeli..ne and still allow for roads on both sides of Spring Boulevard. The elevation is below 900 feet, except at one small point where it reaches 910 feet. Mr. Haws requested that staff make a map available before public hearing time showing the urban service boundary of that entire area. Mr. Keller rrr:>ved seconded by Mr. Haws to call a public hearing for May 10. Motion carried unanimously. e Modified proposal for annexation of this area was recommended by the Planning Com- mission on March 29, 1976. Jim Saul, planner, explained that the revised proposal would permit completion of the development known as Firland Heights, begun in 1960 and before the South Hills study. Staff, noting the annexation proposal went be- yond the ridgeline when it was first filed, recommended denial at that time based on policies adopted in the South Hills study. Between that time and this hearing, staff reviewed the proposal with Mr. Tillman, petitioner, and his engineer, and based on that review, referred the issue back to the Planning Commission. Staff and Mr. Tillman had reached agreement on what constituted the "ridgeline" in this area; the annexation as modified eliminated about five lots in the subdivision initially proposed; and the annexation as now proposed does correspond to the ridge1ine, three lots being partially over the ridgeline. However, Mr. Saul said, the annexation in its present form was recommended because of the need for ex- tension of Spring Boulevard and provision of lots on each side of that to defray assessments. Mr. Saul said the basic pattern of streets in that area was de- veloped prior to adoption of the South Hills study and contemplates the extension of other streets in that area as well as Spring Boulevard. Public hearing was held with no testimony presented. Resolution No. 2506 - Transmitting to Boundary Commission recommenda- tion to annex area east of Kimberly and Dogwood Streets, south of 30th Avenue was read by number and title. Mr. Haws moved second by Mrs. Beal to adopt the resolution. Motion carried unanimously. e D. Rezoning at southwest corner of 19th and Jefferson - From R-l to C-l SR (LICO Corporation)(Z 75-18) This issue, after public testimony was taken on February 23, 1976, was referred to a joint meeting of the Council and Planning Commission. At the joint meeting I-A-4 2"'15 5/10/76 - 3 (March 29, 1976), the Planning Commission recommended approval of the rezoning to C-l SR on a 5/1 vote (previously forwarded to the Council on a 3:3 tie vote). Jim Saul, planner, reviewed the history of the rezoning request and background ... of previous zoning on the property (see Council minutes February 23, 1976). He .., took note of public hearing held before the Council on February 23 and another before the Council in attendance at the joint session with the Planning Commis- sion on March 29. Council Bill No. 1115 - Rezoning to C-l SR area at southwest corner of 19th Avenue and Jefferson Street was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mrs. Beal that findings supporting the rezoning as set out in Planning Commission staff notes and minutes of January 6, 1976 and March 29, 1976 be adopted by reference thereto; that the bill be read the second time by council bill number only, with unanimous con- sent of the Council; and that enactment be considered at this time. Lacking unanimous consent - Council members Haws, Beal, and Hamel voting aye; Council members Murray and Shirey voting no - the bill was held over for second reading. E. Bids ~ublic Works - Various improvement projects (opened May 4, 1976) Nam~ at Bidder and Project Contract Cost Cost to Abu t ling Prop_ Cost to City Amount nudGctc PAVING & SIDEWALK: 1. Willamette Street from 40th Avenue .to 600 feet south of the south end of Coachman Drive (382) 1. Eugene Sand & r.ravel. Inc..,........................$257.444.15...................28' Pav.........$19.80/FF............$87.500.........~.$9a.700. 2. Wi1dish Construction Company........................$307.961.82 36' Pav.........$24.60/FF 5' C.W..........$ 5.80/FF 5" Cone. Dr.....$ 1.16/SF 4" A.C. Dr......$ a.78/SF -e COMPLETION DATE: September 15. 1976 --~-----------------------------------------------------------------------------------------------------.------------------------- - ~ ------------------------- 2. Harren Avenue frem 450 feet south of Kevingtcn Drive to 1500 feet south of Kevington Drive (1063) BASIC BID ALTERNATE BI~ 1. Wildish Constr~ction Company...........$55.434.20......$51.053.70.................28' Pav.........$15.90/FF............$19 600...... ~21 480 2. Babb Constructlon Co. dba 36' Pav.... .....$19.60/FF . ......... Delta Construction Co..................$56.066.85......No Bid San. Lat........$0.103/SF 3. Eugene Sand & r.rave1. Inc..............No Bid..........$51.563.55 San. Servo $620.80/EA 4. Dan D. Allsup Contractor. Inc..........No Bid..........$52.735.10 COMPLETION DATE: September 15. 1976 ------------------------------------------------------------------_______________________________________________w_________________________________________ ALLEY PAVING: 3. Alley betl.'een 18th Avenue and 19th Avenue from Oak Street to Pearl Street (1204) 1. Hildish Construction Company........................ .$7,605.72...................... .Alley $1. 7B/WFF.................... .$450.00......... .$600.00 2. ~red ~tubbert Construction Company...................$8.956.10 and $O.0155/WSF 3. hur- ay Contractors. Inc............................$8.962.68 A.C. Drives $1.51/SF 4. Concrete Unlimited, Inc..............................$9.269.20 _______________. COMPLETION DATE: AU9ust 15. 1976 -------------------------------------------------------------------------------------------------------------------------------------------- e 5/10/76 - 4 ~'i~ PAVHJG. SANlTft.RY SEWER & STORf1 SniER: 4. Within Royal View Subdivision (1231) o. 3. 4. 5. 6. 7. 8. BASIC RID ALTERNATE BID Wildish Construction Co~pany..........$21,4BB.l0.....!21,016.60.....................28' Pav....$21.10/FF ...................0...............0..... Eu~ene Sand ~ Gravel. Inc.............No Bid.........$21,S76.29 San. Lat..$560.00/LOT Kenneth R. Bostick Const. Co..........No Bid.........$22,23B.1S San. Ser..$830.00/LOT H t. J Constr.Jctlon.................. ..No Bid........ .$23,095.05 Wick erothe'.~ Excavation. Inc.........No Bid.........$23,663.21 Shur-Way C(~tractors, Inc.............$24,306.70.....$23,S90.2S Dan D. Al1,up Contractor, Inc.........No Bid.........$26.406.1S Benge Paving..........................$22,229.14.....No Bid COMrLETIO~ DATE: Scptc~ber 1, 1976 --~------------------------------------------------------------------------------------------------------------------------------------------------------- 5. Within ~!estern Industrial Park; and sanitary sewer and storm sewer within 160 feet of the south boundary of ~estcrn Industrial Park (1150) 1. Wlldlsh Construction Company.........S212,428.05....S211,752.60....................44' Pav.....$24.60/FF 2. Eugene Sand & Gravel. Inc............$241.302.30....$240.904.10 San. Lat $ 0.064/SF...........San. $990.00... 3. Sabb Construction Co. dba San. Servo $34S.00/EACH Delta Construction Co................$227,806.13....No Bid Stm. Swr....$1,735.00/LOT........Stm. $16.000.00....$15.300.00 4. Wick Brothers Excavation. Inc........$232.946.8S....~o Bid 5. Kenneth R. Bostick Const. CO.........$249,737.22....No Bid COMPLETION DATE: Septe~ber 1. 1976 -------------------------------------------------------------------------------------------------.-~--_.._------------------------------------------------~ PAVING, SANITARY SE~ER & STORM SEWER: 6. Within 2nd Addition to rlcadowbrook; and sanItary scwer and storm sewer within 160 feet of thc so~th boundary of 2nd Addition to ~eadowbrcok (1232) 1. 2. 3. 4. 5. . RASIC 010 ALTERNATE BID Wl1dish Construction Company.............$67.046.4l......$63.969.71..................2S' EUgene Sand t. Gravel, Inc................No Rid..........$66.616.S3 or Kenneth R. Bostick Const. Company........No Bld..........$70,326.00 San. Wick Brothcrs Excavation, Inc............No Bid..........$70,639.13 or Dan D. Allsup Contractor. Inc............No Bid..........$76.044.60 San. Babb Construction Co., dba Stm. Delta Construction Co....................$72,212.33......No Bid Pav.... ..$ $ Lat... ".$ $ Serv.. .. $ Swr.... .$ 17.00/FF 1,756.00/Lot O.OS/SF....Outside Sub...O.........O.... 870.00/Lot 170.DO/Each 370.00/Lot COMPLETION DATE: September 1. 1976 7~--withl~-Ki~~~ld-O~k~-s~bdf;f~j~~~-----------------:--------------------------------------------------------------------------------------------------. and paving Kincaid Street from East Amazon Drive to the east and south (1244) 1. Wi1dlsh Construction Co~pany.............$23.072.05......$22.894.0S..................28' Pav......$ 2. Eugcne Sand & Gravel, Inc................N~ Rld..........$2S.S60.06 San. Lat.....$ 3. Shur-Way Contractors, 1nc................$26.86B.1S......$2S.920.S5 San. Serv....S 4. Dan D. Allsup Contractor. Inc............No Bid..........S26.25S.3S 5. H & J Constructicn.......................$2S.8R3.40......$2E.261.10 6. Bengc Pavlng.............................$26.09S.61......No Bid COMPLETION DATE: August 15. 1976 -------------------------------------------------------------------------------------------------------------------------------------------------------- 22.65/FF................ .0.......... .0... 0.043/SF 23S.00/Each PAVInG. SA'IITARY SEI'IER. STORM SEHER & PEDESTRIAN HAY: 8. Within 1st Addition to Souza Park (1245) BASIC BIO ALTERNATE BID 1. ,Iildlsh Construction Co~pany..............$lOO.061.S1......$ 99.240.20...............28' Pav.........! 2. Eucene Sand & Gravel. Ino.................$106,179.44......$106,519.67 36' Pav.........$ 3. Da~ D. Allsup Contractor. Inc.............No Bid...........$122.164.9S Ped. Way........$ 4. Bab Construction Co.. dba San. Lat........$ Delta Construction Co.....................$11S,241.16......No Bid San. Serv.......$ Stm. Swr........ $ 17.2S/FF...........0..................O.. 21.6S/FF SO.3S/Lot D.OS/SF 19S.00/Each 325.00/Lot COMPLETION DATE: September 1. 1976 ---------------------------------------------------------------------------------------------------------------------------------------------------------~ PAVIrlG. SANITARY SEIlER. STORM SEI.jER & SIDEHALK: 9. Ti~berline Dr. from Wilshire Ln. to 2450' south; sanitary & storm sewers within So~erset Hills III; within area bounded by SOfficrset Hills Add; Somersp.t Hills II; and So~erset Hills III. and within 160' of boundaries of Somerset Hills III (1142) SCHEDULE "A" SCHEDULE "B" 1. 2. - Wildish Construction Conpany..............S2S3,037.7S......$R7,63S.35..~............Paving...........S 1.637.00/Lot.......$14.l6S.00.....$10.000. Babb Construction Co., dba San. Lat.........$ 1.427.00/Lot Delta Construction Co.....................S2n1.81S.00......!S6,686.94 San. Serv........$ 377.00/Lot Eugene Sand & Gravel. Inc.................$269.6~5.25......$90.419.05 Stm. Swr.........S 634.00/Lot Total.........$ 4.07S.00/Lot COMPLETION DATE: September 15. 1976 ---------------------------------------------------------------------------------------------------------------------------------------------------------. 2~7 5/10/76 - 5 10. Within Capricorn Estates Subdivision (1219) . , $3 331 40 San Lat ...$O.0105/SF..............0.....................O.. 1. Norm Green & Sons.................................. . 4' 0........................ . . 2. H & J Construction.................................$3.41 .5 3. Eugene Sand & Gravel. 1nc..........................$3,692.20 4. Shur-Way Contractors, 1nc..........................$3.B~~.20 5. Kenneth R. Bostick Construction co.................$4.~93.~~ 6. L. D. Van Over..~..................................$4. . 7. Wildish Construction Company.......................$4,44~.:~ 8. Dan D. Allsup Contractor. 1nc............,.........$8.09 . i I / -- 5~~llTARY SHiER: C0I1PLETION DATE: September 15. 1976 -----------------------------------------------------------------------------~----------------------------------------------~ ------------------------------ Don Allen, public works director, reviewed the bids, noting that on the second project - paving Warren Avenue south of Kevington - a contract let in 1974 was cancelled because the city was unable to acquire the necessary right-of-way. He said award was recom- mended at this time. On the fifth project - paving and sewer in Western Industrial Park - award was recommended subject to agreement with regard to the property owners' acceptance of storm sewer costs. Mr. Allen said the award of contract on the eighth project - paving, sewers, and pedestrian way in 1st Addition to Souza Park - was recommended on the basic bid, the subdivider choosing the higher cost because excavation dirt would be needed for fill material. On the ninth project - paving, sewers, and sidewalk for Somerset Hills - Mr. Allen explained that work covered by Schedule B was on streets with- in the planned unit development which could not be assessed by the city, and which work was covered by a separate contract entered into by the subdivider. Public hearing was opened on Projects 2 through 10 only. I-A-5 Einar. Ronnding, owning profPerty adjoining the weshtern Industrial Subdivisdiond, sdaid he had 4It not slgne the petition or the project, althoug his property was inclu e an the peti- tion was represented as having been signed by owners of 100% of the property involved. He objected very strenuously because of the amount of assessments already levied against his property for other improvements in the area. He asked at least postponement of the project until there was a chance to study the effect its costs would have on his owner- ship. He maintained the portion of the cost assessed against his property in proportion to the benefit derived would be inequitable. Mr. Allen said that only the portion of the street adjacent to the petitioner's property could be paved, deleting the 320 feet - a corner lot - in Mr. Ronning's ownership. Mr. Ronning approved that recommendation. Public hearing was closed, there being no further testimony presented on Projects 2 through 10. Mr. Haws moved second by Mrs. Beal to award contracts on the low bid on each of the projects as recommended - No.8 (Souza Park) going to Wildish on the low basic bid; No. 9 (Somerset Hills) going to Wildish on Schedule A; and No.5 (Western Industrial Park) awarded subject to agreement on property owner's acceptance of storm sewer costs and deleting paving adjacent to Ronning lot. Rollcall vote. Motion carried, all Council members-present voting aye. Discussion turned to the Willamette Street improvement, Mr. Allen explaining that the only change made after the previous public hearing was to eliminate the sidewalk on the west side of the street. However, the cost ($5.80) would be assessed to proper- ties abutting both sides, $2.90 per front foot. 1-8-1 Councilman Murray wondered about the anticipated capacity of this street and for how long in the future this roadway would be satisfactory under current development pat- terns. Mr. Allen said the proposed design would suffice through the 1990 Plan pro- jections, no more than two-lane traffic was anticipated through the year 2000. . 5/10/76 - 6 ^'18 - ---- ~ - Public hearing was opened. Phyllis Early, 3945 Mill Street, proposed that no bids be let for the improvement of Willamette south of 40th until a Charter amendment with regard to changing the method of assessments was prepared. She thought a density formula should be used in calculating assessments - abutting properties should be assessed according to their use, i.e., single-family residential lots should not be assessed on the same basis as multiple- family or condominium properties generating more traffic. Also, assessment should be made in keeping with present development patterns, taking into account rectangular lots, cluster developments, funneling of traffic, etc. Jim Lemert, 10 East 40th Avenue; Robert O. Mansfield, 15 Brae Burn Drive; Jon Schultz, 40 Oak Court; Jerry Berjke, 4110 Oak Court; Ed Jordan, 40 Oak Court; and Father Louis ROdakowski, 4330 Willamette Street expressed concerns similar to Ms. Early. They re- minded the Council of objections presented at the previous hearing on this project _ traffic was generated from townhouse and condominium developments on other streets where abutting properties would not participate in the cost of this improvement, yet that traffic was the primary beneficiary of the proposed improvement. Also, many of the properties which will be assessed do not have immediate access to the portion that would beimproved; frontage abutting the street for some of the properties serve the equivalent of six single-family homes but generate ten times that amount of traffic; anticipated increased speed of traffic after the improvement would create a hazard for autos backing out of driveways. Mr. Schultz asked what the estimated cost was at this time. Both $25.00 and $27.00 per-front-foot cost had been quoted, he said. All were concerned that the assessment method was inequitable and urged Council re-evaluation. Public hearing was closed, there being no further testimony presented. Mayor Anderson commented that the matter of making assessments had been under study by the Council over many years for all projects - sewers, sidewalks, storm sewers, etc. He noted the recent authorization for a Council subcommittee to study the assessments for street improvements, so the process is underway. Mr. Allen said the estimated cost as listed in the bid tabulation was $22.70 per front foot - $19.80 for paving, $2.90 for sidewalk. He added that the city does have a rather elaborate arterial street system, the improvement cost of most having been met through bond issues or a combination of bond issues and assessments. He said the only streets not paid for in this manner were those done by either the state or federal governments. Prior to the 1950s, he said, every owner of property abutting an arterial or residential street stood the full cost of improvement. Since that time, with the implementation of the crosstown street system, funds from bond issues have met the difference between the 36-foot residential street width and the wider arterial street. Also, from those funds came payment for the greater strength base required for arterials. He noted that the Council in 1964 reduced the standard residential street width to 28 feet. Mr. Allen continued that one of the difficulties encountered in developing a realistic assessment policy is the lack of funds. Bond funds authorized in 1972, he said, were being used now for arterial projects. Mr. Haws moved second by Mr. Hamel to award contract on the low bid _ Eugene Sand & Gravel for $257,444.15. Councilwoman Shirey asked if a new assessment method would be used on thiat project should one be developed by the assessment policy subcommittee. Mrs. Beal said that when the first subcommittee was organized the proposal was to base assessments on the number of living units. The subcommittee at that time was unable to develop a charter amendment other than one dealing with alley improvements. So at this time, she said, the only way the Willamette Street project could be assessed was under the present method, because that was the law and there was no basis for changing the law at this time. ~~~ 5/10/76 - 7 She expressed the hope, however, that i'f the present subconunittee developed a way of assessing this type of improvement, those people protesting assessments for this pro- ject would help in gaining the change for future projects. . Mayor Anderson suggested an explanation of the present assessment procedure should people present have doubts about the manner in which costs were levied. Assistant Manager gave aste~by-step explanation of the procedure for levying assessments after completion of a project - calculations, notices of assessment, etc. He noted that it would be almost a year after completion of the project before assessment notices go out. At that time property owners would be advised also of the methods available to pay the assessment, including Bancrofting, deferment of payment for those eligible, etc. Mayor Anderson asked whether a revised assessment method would apply to this project if a Charter amendment making a change was adopted in the November general election. Assistant Manager answered that at this point it was a matter of entering into a con- tract with the property owner, there wpuld be some question about a waiver. Stan Long, assistant city attorney, was skeptical but wanted to research the question before giv- ing an opinion. Mr. Allen cautioned that such an approach would make retroactive all projects under contract at this time. Rollcall vote was taken on the motion as stated. Motion carred - Council members Haas, Beal, Murray, and Hamel voting aye; Councilwoman Shirey voting no. 2. Parks Department - Paving at Shasta Ballfield (opened May 10, 1976) Around restrooms/concession stand building and bleacher area. K. A. Wardell Concrete Unlimited Tom Burg Wildish Construction $ 7,410.23 6,400.00 No bid 6, 793 . 70 - Office Estimate $ 7,158.00 Manager reviewed the bids. Staff reconunended award of contract to the low bidder. Public hearing was held with no testimony presented. Mr. Haws moved second by Mrs. Beal to award contract on bid - Concrete Unlimited for $6,400.00. Rollcall vote. carried, all Council members present voting aye. the low Motion II - Items acted upon with one motion after discussion of individual items if requested. Previously discussed in committee on April 28 (Present: Mayor Anderson; Council members Keller, Haws, Beal, Williams, Murray, and Bradley) and May 5, 1976 (Present: Mayor Anderson; Council members Keller, Haws, Murray, Bradley, Hamel, and Shirey). Minutes of those meetings appear below printed in italics. A. Improvement Peti tions 1. paving, Sanitary Sewer and Storm Sewer within 8th Addition to Bar M Ranch (Best Lane, west of Coburg and North of Ione) - 63% of sanitary sewer to be assessed to area outside subdivision. No city cost. 2. Paving, Sanitary Sewer and Storm Sewer within 2nd addition to Firland Heights (Dogwood Drive, East of Kimberly and South of 30th Avenue) - assessed area ~ totally within subdivision. No city cost. 1.50 5/10/76 - 8 e 3. Paving, Sanitary Sewer and Storm Sewer within Whitford Subdivision (South of Harlow and West of Garden Way) - 15% assessable area for sanitary sewer outside of subdivision. No city cost. Mr. Keller moved seconded by Mr. Haws to approve the petitions. Mr. Williams was under the impression the City paid storm sewer costs. Assistant Manager explained it is not the case in new subdivisions when the sewer size is 24" or le:ss. When it is Over 24", the city pays the difference between 24" and the total size. If building a 24" or less sewer in an existing Subdivision, the City pays the cost. On Item A, Mrs. Bea1 wondered who will pay for the 63%. Assistant Public Works Director advised the storm sewer will be paid for by the subdivision. The 63% for sanitary sewers is optional but it appears it would be the rrost economical way to serve other property. If the owners do not wish it, it can be designed differently. The property does not lend itself to being eligible for deferral, he said. Vote was taken on the motion which carried unanirrously. 4. Improvement Petition - Paving, Sanitary Sewer and Storm Sewer within Rivertree Subdivision - 15.94% of sanitary sewer outside of subdivision - $8600 city cost on storm sewer. e Mr. Keller moved seconded by Mr. Haws to approve the petition. Motion carried unanimously. B. Financial Assistance Request for Historic Preservation Recommended by Historic Review Board March 25, 1976. Reports detailing use of the funds have been distributed to Council. 1. Shelton McMurphy House $2,897.00 2. Cal Young House $ 702.17 plus $1,896 reserve 3. Daniel Christian House $4,930.00 Reserve Manager noted the amount for the Cal Young House is conditia.nfild upon approval of the building inspector. Mr. Keller moved seconded by Mr. Haws to approve the reques~s as recommended. Mr. Haws noted that he would abstain from voting on No.3. On question from Mrs. Beal, he said that at one time he had owned that property in part and still has an interest in it. Mr. Bradley likewise declared his intent to abstain. Vote ....;1S taken on the motion which carried, all council members present votin9 aye except Mr. Bradley and Mr. Haws abstaining. Councilman I-laws noted his intent to abstain from voting on the funding for Daniel Christian House. e C. Assessment Panel Hearing - May 3 - No written protests were received nor were there requests to be heard. Mr. Keller moved seconded by Mr. Haws to levy assessments as proposed. Motion carried unanimously. ~Sl 5/10/76 - 9 Comm 4/28/76 Approve Comm 5/5/76 Approve Comm 4/28/76 Approve comm 5/5/76 Approve D.Condemnation, Hawkins Lane Right-of-Way - Assistant Manager noted that condemnation was authorized on certain property for necessary right-of-way. Settlement was reached prior to trial and provides for acquisition of the right-of-way for $2511.50 (Broders). e Mr. Keller moved seconded by Mr. Murray to authorize acquisition of the right-of-way as presented. Motion carried unanimously. Comm 5/5/76 Approve E. Updated Housing Policy - Copies of a revised policy statement, approved by both the Joint Housing Commdttee and the HCDC, were previously distributed to Council. Betty Niven, Chairman of the Joint Housing Comrnrrttee, explained that the first policy statement was adopted when the Joint Housing Committee presented a report to the City Council on the state of housing in the city. There has been one update since that time, and the present statement is a second update. Mrs. Niven explained the variouS changes proposed in the resolution~ Page 1 includes a recital of findings rather than numerous "whereas" statements as before. On Page 2, some obsolete phrases were removed and new wording added regarding sources of information and need for housing. Mrs. Niven explained that Section C has been changed to reflect elements affecting the cost of housing. Also, a statement has been added in Section D taking an affirmative stand on conservation of the housing supply. Section E includes a list of ways in which public assistance might be provided. Section G incorporates the adopted policies of the Joint Housing Comrnrrttee to use in evaluating proposals for projects under the city's revenue sharing program. She noted one provision, in particular, that "non-categorical funds should be used to encourage projects which are desirable or which are experimental but do not fall within the narrow limits of the regulations for available categorical programs". Section J has been modified to encourage home ownership and to include maintenance and money-management _ counseling as a prerequisite to partici~tion in subsidized home ownership .., programs. Section K encourages private developers to meet critical housing needs. Efforts are also supported to convince the State Board of Higher Education to provide further student housing in order to reduce pressures on privately owned housing supply. Also stipulated is maintaining the status of the City Council as the housing authority to assure no avenues are closed in seeking to meet goals. Section L provides that tenants who have no choice of uni ts when moving into subsidized housing should have at least one opportuni ty to move at their own expense into a unit becoming vacant that better meets their needs. Section 0 relates to a review of local and state codes with respect to determining the impact on the cost of housing. Sections Q and R relate to the mobile home industry, encouraging adoption of construction styles which make mobile homes more compatible with conventional housing and stipulating that criteria be developed to allow mobile home subdivisions. The Planning Commission will be working on that soon, said Mrs. Niven. In Section S, Mrs. Niven said, the City should encourage HUD to make quints or similar housing units, designed for sharing kitchens, eligible for rent subsidies under Section 8 or any further leasing programs. Finally, she said, Section U states that the policies outlined in Chapter 8 of the Eugene Community Goals and POlicies, adopted by Resolution 2315 July 22, 1974, are incorporated by reference. Mr. Keller moved seconded by Mr. Haws to approve the updated housing policy as presented. Motion carried unanimously. Comm 5/5/76 Approve F.Appeal from Building/Housing Code Board of Appeals Grant of Variances on Property at 2164 Floral Drive Mr. Robert Morris, 2280 Floral Drive, appellant. e Mr. Keller moved seconded by Mr. Haws to call a hearing for May 24. Motion carried unanimously. ^5~ Comm 5/5/76 Approve 5/10/76 - 10 G. Council minutes as circulated - December 22, January 12 (special), January 12 (regular), January 13, 26, and 28, February 2,S,lO,12(special), e February 9 and 23 Approve H. Planning COrnnQssion Appciintment - Mr. Keller suggested a Noon meeting to review applications for appointment to fill the Planning Commission vacancy. It was his hope that selection of finalists could be accomplished at that time. Mr. Murray suggested that applications be reviewed by Council prior to the meeting time. It was understood a Special Council Meeting would be May 3, at 12:00 Noon in the McNutt Room at City Hall applications for Planning Commdssion appointment. held Monday, to consider Corom 4/28/76 Affirm I. Historic Review Board Financial Request Procedures - Modified guidelines have been distributed to Council. Added to the original suggested guidelines was the statement, "Under unusual circumstances, however, the Board may determine that a particular application warrants special consideration, and, therefore, may use its discretion in allocating funds in excess of this percentage to the applicant, redistributing the remaining available funds proportionately". This provision was added to give flexibility to the Board in special cases, since a $5,000 limit per year per request is proposed. e Mr. Willi~ms, while realizing the modification provides an opportunity to deviate sGnewhat, feels the Historic Review Board should be able to exercise a more jud~mental type of role. He feels they should be able to evaluate need on thcl basis of benefit to the City rather than follow a very mechanical procedure. Mr. Murray recalled discussion at the time the ordinance was passed relating to setting strict limits to avoid having one or two projects use all available funds. Mrs. Beal added the idea is to encourage and induce rehabilitation for preservation purposes, but not to totally finance projects. Mayor Anderson felt perhaps a clause such as "except in extenuating circumstances" could be included for projects requiring more than $5,000 which are extreme hardship cases and which might otherwise be delayed. It would seem more economicall~ sound to grant $15,000 all at once rather than go through the same procedure for three years to spread out the funds. Mr. Murray felt that the proposed modification provided for that circumstance. Mayor Anderson disagreed, however, feeling the modification is contrary to the beginning of the proposal which states that no request for financial assistance will be granted for JIDre than $5,000 per year, regardless of the amount requested. Mr. Murray wondered if the last sentence could read that the Board may use its discretion in allocating funds in excess of the limitations. He would hope, though, that the overriding philosophy would be kept in mind. Jan Muller, Historic Review Board, noted that the ordinance requires a limit be set. e Mr. Sugaya noted possible legal problems because of that stipulation,~iDg too that, in the event funds are limited, the funds available divided by the total requested and approved will equal the percentage of the request to be paid. City Attorney said it is his understanding an outside limit would be required as well for special cases. :J.S3 5/10/76 - 11 MaYDr AndersDn felt that the CDnsensus was that $5,000 is acceptable in most cases but that perhaps $15,000 cDuld be set as an Dutside limit in extenuating ~ circumstances. .., It was understood staff WDuld review CDuncil's suggestiDns and develDp wDrding reflecting thDse suggestiDns fDr cDnsideration at the May 5 CDmmittee meeting. J. CrDSS Case - Mr. Bradley wDndered about the status Df the CrDSS Case. advised it is still in litigatiDn; the city is nDt a party nDW. He K. IntrDductiDn Df Intern - Manager intrDduced Lorraine HairstDn, Spring Term intern frDm the University Df OregDn wDrking in the City Manager's affice. L. 5th Street Bike Path - Al Williams, Traffic Engineer, said the 5th Street bike path is nDW in DperatiDn. The usual prDcedure was fallDwed in that letters signed by the city Manager were sent to. all affected prDperty Dwners giving them 30 days' nDtice frDm receipt Df letter to. file a fDrmal prDtest and request a hearing befDre the CDuncil. No. Dfficial remonstrances were filed, thDUgh ane prDb1em between Pearl and High Streets was resDlved by removing parking frDm the nDrth side af the street rather than the sDuth side. Traffic Engineer also. nDted there wDuld be a bike licensing prDgram between 10 a.m. and 4 p.m. May I at the fire statiDn. In answer to. questiDns frDm MaYDr AndersDn, Traffic Engineer explained that street drainage grates are cDnsidered at time Df planning fDr bike rDutes and hDpefully cDmpleted when rDutes are installed. TDD, regarding any bike lane repainting, budgetary cDnstraints ~y cause repainting to. be sDmewhat limited, thDUgh regular restriping is cDntemplated. PriDrity is given to. auto. traffic lanes, he added. CDuncil~n Williams raised a questiDn Dn the safety Df the prDposed CDburg RDad bike raute. Traffic Engineer replied that a review Df that rDute is currently underway. Bike lanes are planned Dn the street frDm the Ferry Street Bridge to. Beltline, rather than the current sidewalk rDutes. CDnsideratiDn is being given also. to. passible ro.ad o.ver1ay this Summer. If so., much wo.rk wo.uld be eliminated in imprDving bike lanes. M. EnvirDnmental PDsters - MaYDr AndersDn pointed to. SDme posters on display, which were sent to. the City Manager's affice by a 3rd grade class at MDhawk Elementary SChDDI. VariDus anti-pollutiDn suggestiDns were depicted. N. Eugene Residents Only as City EmplDyees - Mr. Murray wDndered if there might be interest in discussing whether to. require that city emplayees hired in the future be residents Df the city Df Eugene. Asst.. Manager respDnded the subject has been discussed befDre. He added that, unless there are ~jor extenuating circumstances, department heads all reside within Che city limits. One drawback in limiting other emplo.yees is that the labDr ~rket is restricted, he said. He added that the City Manager has expressed interest in having as many emplDyees as possible reside in the city. It wDuld be necessary far staff to. prepare a report shawing tradeaffs on the issue if Cauncil so. desired. It was Council consensus not to. pursue the matter at this time. 1~1.{ 5/10/76 - 12 CDrrun 4/28/76 Affirm was CDrrun 4/28/76 File CDrom 4/28/76 File _I CDrom 4/28/76 File CDrrun 5/5/76 File . O.Substitute, Metropolitan Plan Policy Comndttee, May 13 - Mr. Bradley noted he would be out of town the week of May 10-16. He noted that meetings he would miss would include the MPPC meeting on May 13. He suggested that Mr. Williams, alternate, be asked to attend. Conun 5/5/76 See action below Manager noted that because Councilman Williams was ill, a substitute would be necessa:y to attend the MPPC meeting in Councilman Bradley's absence. He added that th15 would be the initial meeting of the committee appointed to guide the updating of the 1990 Plan. Mr. Murray moved second by Mr. Hamel that Mrs. Beal substitute for Mr. Bradley. Motion carried, all Council members present voting aye, exsept Mrs. Beal abstaining. P. Bicentennial Award Presentation - County comndssioner Bob Wood was present to explain that, in connection with the American Revolution Bicentennial Administration and HUD, certain programs have received recognition for progressive leadership roles, as part of a "Horizons on Display" program. An award has been presented, in the area of communications, to the Lane County Regional Information System. It is regarded as the most comprehensive regional information system in the United States and one of the most efficient. Mr. Wood presented a certificate to the City, a member of this highly successful shared-computer facility. Corom 5/5/76 File Q. Legal Opinion Re: Receiving Information on Zoning Matters - May 3 legal opinio~ from the City Attorney has been distributed to Council suggesting groundrules on ex parte and pre-hearing contacts under Fasano. e Mr. Long explained an ex parte contact would be defined as ~pntact with a party having a direct interest in the matter. A prehearing contac't;"!1s discussion with any general body, i.e. neighborhood meeting. prehearing contacts cannot be totally avoided, he said, but should be disclosed and made a matter of record. Ex parte contacts should be avoided. The key is that impartiality has not been compromised by any pre-hearing contact. Mr. Long added that present procedure includes prov~s~on that a public body has the right to protect itself in case it feels a member should not participate. In answer to Mayor Anderson, Mr. Long said there does not seem to be any need for suggesting changes in the present procedures regarding hearings under Fasano. Mrs. Niven mentioned a point of frustration during public hearings; after the hearing has been closed, Council can no longer direct questions to those in the audience who might have the answers. Mr. Long said that, under the ordinance now, the presiding officer has the authority to determine at what point questions can be asked. Conun 5/5/76 File e Mayor Anderson said he felt hesitant to open the meeting to the audience after public hearing testimony is received because many times it becomes a rebuttal process and there should not be opportunity for rebuttal by the opposition. Paving Willamette Street from 40th to south of Coachman - Assistant Manager noted that bid openings for the above project would be on the May 10 Council agenda for public hearing. Conun 5/5/76 Pub Rrng ~.ss 5/10/76 - 13 Mr. Maws moved second by Mr. Hamel that Items A through Q be approved, affirmed, and filed as noted. Rollcall vote. Motion carried, all Council members present voting aye, except Councilman Haws abstaining on Item II-B-3 (Historic Preservation Financial Assistance, Reserve for Christian House), and noting separate action on Item 0 (substitute for MPPC meeting on May 13. . ......... III - Liquor License Renewals - 1976-77 Affidavits of nondiscrimination attached. Staff has no objections. " Retai 1 Mal t Beverage - Ben's Club Cigar Store, 933 Olive Street East Broadway Pizze,ia, 652 Eat Broadway El Sombrero, 146 East 11th Avenue Fourth Street Depot, 453 Willamctte Street Louie's Village, 947 Franklin Boulevard The Overpass, 20 Highway 99N Paddock Tavern, 3355 East Amazon Drive Papa's Pizza #1, 1700 West 11th Avenue " "#2, 1577 Co burg Road Pit Stop, 2222 Highway 99N Side Pocket Tavern, 846 West 6th Avenue Sidetrack Tavern, 295 Highway 99N Stadium Club, 375 East 7th Avenue Taylor's Coffee Shop, 894 East 13th Avenue Package Store - Barger Enterprises, 4925 Barger Drive Bi-Mart, 2030 River Road Custom Meat Company, 577 Pearl Street Duke's Market, 430 Gilbert Street - and dropping partner Drive N Save #2, 2370 West 11th Avenue " #4, 3061 Hilyard Street E Z Shop Market, 2489 Willamette Street Hilyard Street Market, 1698 Hilyard Street Jiffy Harket, 3443 Hilyard Street Jones Market, 347 West 13th Avenue Jo's Market, 1976 Roosevelt Boulevard Lawrence Street Grocery, 395 West 11th Avenue Mayfair Market #408, 15 Coburg Road McKay's Market, 2101 Bailey Hill Road " " 1960 Franklin Boulevard " " 2699 Roosevelt Boulevard New Frontier Market, 1101 West 8th Avenue Payless Drug Store, 57 West 29th Avenue Serv-U-r-Iarkct, 5045 Barger Drive Tom's Market, 1490 East 19th Avenue Willakenzie Market, 1645 Co burg Road . Restaurant - Lou & Ev's Cafe, 1295 Highway 99N Scott's Restaurant, lOa East Broadway e 5/10/76 - 14 ~Sb - Class A Dispensers - Allison's Coffee Shop, 1166 Highway 99N Asia Gardens Restaurant, 44 East 7th Avenue Back Door, 1046 Oak Street Black Angus, 2123 Franklin Boulevard Bliss' Steak Ranch, 2891 West 11th Avenue Branding Iron, 579 East Broadway Ed's Pit Barbecue & Hunter Room, 959 Pearl Street Eugene Hotel, 333 East Broadway Feed Mill, 259 East 5th Avenue George's Restaurant, 1224 Willamette Street Holiday Inn, 225 Coburg Road House of Lee, 165 West 11th Avenue Seymour's Cafe & Riviera Room, 996 Willamette Street Veterans Memorial Association, 1626 Willamette Street Class B Dispensers -(1000 or more members) - Eagles, 525 Willamette Street Elks, 2727 Centennial Boulevard Moose, 1666 West 12th Avenue Mr. Haws moved second by Mrs. Beal to recommend approval of the renewal applications. Motion carried unanimously.. IV - Ordinances e Council Bill No. 1113 - Levying assessments for paving alley between 4th Avenue and 5th Avenue from Washington Street to Lawrence Street (75-13) read the first time on April 26, 1976 and referred to Assessment Panel for hearing on May 3, 1976, was brought back with no written protests on file and no requests to be heard, with recommendation to levy as proposed, and read the second .time by council bill number and title only, there being no Councilmember present requesting that it be read in full. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage, Rollcall vote. AlLCouncil.members present voting aye, the bill was declared passed and numbered 17632. Council Bill No. 1114 - Levying assessments for paving 11th Avenue from Seneca Road to Bailey Hill Road (75-23), read the first time on April 26, 1976 and referred to Assessment Panel for hearing on May 3, 1976, was brought back with no written protests on file and no requests to be herad, with recommendation to levy as proposed, and read the second time by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mr. Hamel that the bill be approved and given final passage. Rollcall vote. Ali Council members present voting aye, the bill was declared passed and numbered 17633. Council Bill No. 1116 - Paving streets within Inger Park Subdivision (1180) was read by council bill number: and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mrs. Beal that the bill be held for second reading and passage on May 24, 1976, lacking two-thirds majority of Council members present for enactment of the emergency clause. Motion carried unanimously. e Council Bill No. 1117 - Adopting plans and .specifications for paving streets within Inger Park Subdivision (1180) was read by council bill number and title only, there being no Council member present requesting that it be read in full. ~51 5/10/76 - 15 Mr. Haws moved second by Mrs. Beal that the bill be held for second reading and passage on May 24, 1976, lacking two-thirds majority of Council members present,:for.enactment of the emergency clause. Motion carried unanimously. Council Bill No. 1118 - Sanitary sewer and storm sewer within Inger Park Subdivision and within 160 feet of east boundary of Inger Park Subdivi- sion (1180), was read by council bill number and title only, there being no Council member present requesting that it. be read in full. - Mr. Haws moved second by Mrs. Bealthat the bill be held for second reading and passage on May 24, 1976, lacking two-thirds majority of Council members present for enactment of the emergency clause. Motion carried unanimously. Council Bill No. 11)9 - Adopting plans and specifications for sanitary sewer and storm sewer within Inger Park Subdivision (1180), was read by council bill number and title only, there being no Council member present requesting that it be read -in full. Mr. Haws moved second by Mrs. Beal that the bill be held for second reading and passage on May 24, 1976, lacking two-thirds majority of Council me~bers present for enactment of the emergency clause. Motion carried Hnanimously. Council Bill No. 1120 - Paving streets within 8th Addition to Bar M Ranch (1283) was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mrs. Beal that the bfll be held for second reading and passage on May 24, 1976, lacking two-thirds majority of Council members present for enactment of the emergency clause. Motion carried unanimously. - Council Bill No. 1121 - Adopting plans and specifications for paving streets within 8th Addition to Bar M Ranch (1283) was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mrs. Beal that the bill be held for second reading and passage on May 24, 1976, lacking two-thirds majority of Council members present for enactment of the emergency clause: Motion carried unanimously. Council Bill No. 1122 - Sanitary sewer and storm sewer within 8th Addition to Bar M Ranch-and within 160 feet of the east boundary of 8th Addi- tion to Bar M Ranch (1283) was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mrs. Beal that the bill be held for second reading and passage on May 24, 1976, lacking two-thirds majority of Council members present for enactment of the emergency clause. Motion carried unanimously. Council Bill No. 1123 - Adopting plans_and specifications for sanitary sewer and storm sewer within 8th Addition to Bar M Ranch and within 160 feet of the east boundary of 8th Addition to Bar M Ranch (1283) was read by council bill numb~r and title.only, there. being no Council member present requesting that it be read in full. ': Mr. Haws moved second by Mrs. Beal that the bill be held for second reading and passage on 4It May 24, 1976, lacking two-thirds '~ajority of Council members present for enactment of the" emergency clause. Motion carried unanimously. 5/10/76 - 16 J.58 Council Bill No. 1124 - Paving streets within 2nd Addition to Firland Heights (1274) was read by council bill number and title only, there being no Council member present requesting that it be read in full. ~ Mr. Haws moved second by Mrs. Beal that the bill be held for second reading and passage on May 24, 1976, lacking two-thirds majority of Council members present for enactment of the emergency clause. Motion carried unanimously. Council Bill No. 1125 - Adopting plans and specifications for paving streets within 2nd Addition to Firland Heights (1274) was read by council . bill number and title only, there bein~ no Council member present requesting that it be read in full. Mr. Haws moved second by Mrs. Beal that the bill be held for second reading and passage on May 24, 1976, lacking two-thirds majority of Council members present for enactment of the emergency clause. Motion carried unanimously. Council Bill No. 1126 - Sanitary sewer and storm sewer within 2nd Addition to Firland Heights and within 160 feet of east boundary of 2nd Addition to Firland Heights (1274) was read by council bill number and title only, there being rto Council member present requesting that it be read in full. Mr. Haws moved second by Mrs. Beal that the bill be held for second reading and passage on May 24, 1976, lacking two-thirds majority of Council members present for enactment of the emergency clause. Motion carried unanimously. e Council Bill No. 1127 - Adopting plans and specifications for sanitary sewer and storm sewer within 2nd Addition to Firland Heights and within 160 feet of east boundary of 2nd Addition to Firland Heights (1274) was read by council bill number and title only, there being no Councilmember present requesting that it be read in full. Mr. Haws moved second by Mrs. Beal that the biil be held for second reading and passage on May 24, 1976, lacking two-thirds majority of Council members present for enactment of the emergency clause. Motion carried unanimously. Council Bill No. 1128 - Paving streets within Whitford Subdivision (1249) was read by council bill number and title only, there being no council member present requesting that it be read in full. Mr. Haws moved second by Mrs. Beal that the bill be held for second reading and passage on May 24, 1976, lacking two-thirds majority of Council members present for enactment of the emergency clause. Motion carried unanimously. Council Bill No. 1129 - Adopting plans and specifications for paving streets within Whitford Subdivision (1249) was read by council bill number and title only, there being no Council member present requesting that the bill be read in full. Mr. Haws moved seeond by Mrs. Beal that the bill be held for second reading and passage on May 24, 1976, lacking two-thirds majority of Council members present for enactment of the emergency clause. Motion carried unanimously. e Council Bill No. 1130 - Sanitary sewer and storm sewer within Whitford Subdivision and in area between east boundary of Whitford Subdivision and Garden Way (1249) was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mrs. Beal that the bill be held for May 24, 1976, lacking two-thirds majority of Council members emergency clause. Motion carried unanimou?~y. ~59 second reading and passage on present for enactment of the 5/10/76 - 17 Council B~ll No. 1131 - Adopting plans and specifications for sanitary sewer and storm sewer within Whitford Subdivision and in area between east boun~ary of Whitford Subdivision and Garden Way (1249) was read by council ~ bill number and title only, there being no Council member present requesting that ,., it be read in full. Mr. Haws moved second by Mrs. Beal that the bill be held for second reading and passage on May 24, 1976, lacking two-thirds majority of Council members present for enactment of the emergency clause. Motion.carried unanimously. Council Bill No. 1132 - Paving streets within Rivertree Subdivision (1290) was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mrs. Beal that the bill be held for second reading and passage on May 24, 1976, lacking two-thirds majority of Council members present for enactment of the emergency clause. Motion carried .unanimously. Council Bill No. 1133 - Adopting plans and specifications for paving streets within Rivertree Subdivision (1290) was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved_second by Mrs. Beal that the bill be held for second reading and passage on May 24, 1976, lacking two-thirds majority of Council members present for enactment or:the~ emergency clause. Motion carried unanimously. Council Bill No. 1134 - Sanitary sewer and storm sewer within Rivertree Subdivision and within 160 feet of east and west boundaries of Rivertree Subdivisio~ (1290) was read by council bill number and title only, there being no e Councilmember present requesting that it be read in full. Mr. Haws moved second by Mrs. Bea1 that the bill be held for second reading and passage on May 24, 1976, lacking two-thirds majority of Council members present for enactment of the emergency clause. Motion carried unanimously. Council Bill No. 1135 ~ Adopting plans and specifications for sanitary sewer and storm sewer within Rivertree Subdivision and within 160 feet of east and west boundaries of Rivertree Subdivision (1290) was read by council bill number and title only, there being::no Council member present requesting that it be read in full. Mr. Haws moved second by Mrs. Beal that the bill be held for second reading and passage on May 24, 1976, lacking two-thirdssmajority of Council members present for enactment of the emergen~y clause. Motion carried unanimously. Council "Bill No. 1136 - Paving 11th Avenue from Bailey Hill Road to Belt Line Road (1176) was read by council bill number and title only, there being no Council member present requesting that it be read in full. Mr. Haws moved second by Mrs. Beal that the bill be~held for second reading and passage on May 24, 1976, lacking two-thirds majority of Council members present for enactment of the emergency clause. Motion carried unanimously. Council 'Bill No. 1137 - Adopting plans and specifications for paving 11th Avenue from Bailey Hill Road to Belt Line Road (1176) was read by council bill number and title only, there being no Council member present requesting that it be read in full. e 5/10/76 - 18 ~,o Mr. Haws moved second by Mrs. Beal that the bill be held for second reading and passage on May 24, 1976, lacking two-thirds majority of Council members present for enactment of the emergency clause. Motion carried unanimously. . v - Resolutions Resolution No. 2507 - Adopting updated housing policy was read by number and title. Mr. Haws moved second by Mrs. Beal to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Resolution No. 2508 - Authorizing payment of bills, claims, and progress payments for period April 26 through May 10, 1976 was read by number and title. Mr. Haws moved second by Mrs. Beal to adopt the resolution. Rollcall vote. Motion carried, all Council members present voting aye. Manager announced the selection of Charles Kupper as director of the newly created Department of Housing and Community Conservation, expected to be "on the job" June 7. Mr. Kupper, he said, comes from Philadelphia, graduated from the University of Pennsylvania, and has had extensive experience with various kinds of redevelopment projects, downtown neighborhood rehabilitation and conservation, and, recently, neighborhood improvement projects under the Community Development Act. e Upon motion duly made, seconded, and carried, the meeting was adjourned to Monday, May 24, 1976. c~?~~. City Manager / ~/-:>-- - ~I 5/10/76 - 19