HomeMy WebLinkAbout04/23/1979 Meeting
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M I NUT E S
EUGENE CITY COUNCIL
April 23, 1979
Adjourned meeting from April 18, 1979, of the City Council of the City of
Eugene, Oregon, was called to order by His Honor Mayor Gus Keller at 7:30 p.m.,
April 23, 1979, Council Chamber, with the following Councilors present: Jack
Delay, Betty Smith, Eric Haws, Scott Lieuallen, Brian Obie, Gretchen Miller,
and Emily Schue. Councilor D. W. Hamel was absent.
I. PUBLIC HEARINGS
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A. Paving Projects (Materials Distributed)
1. Fox Hollow Road, 43rd Avenue to Donald Street
2. 18th Avenue and Chambers Street, Intersection Widening
3. Bertelsen Road, 11th Avenue to 18th/20th Avenues
Manager noted the three paving projects had been approved by the
Metropolitan Transportation Committee and were in the T-2000 Plan.
Fox Hollow is a proposed 28-foot widening from the present 20- to
22-foot roadway with sidewalks on one side, and enlarged gutters for
bicycles. A share of the cost of this will be handled by the City,
County, and the property owners, he said. 18th Avenue and Chambers
intersection widening is a proposal to widen the approaches of that
intersection, to provide for left-turn storage pockets, as well as
bicycle lanes and to relocate sidewalks. This plan which totals
$251,000 will be borne by the City and County. Bertelsen Road, 11th
to 18th/20th avenues is a fast-growing area with traffic volume of
3,700, with a future forecast of 11,000. It will be a46 -foot roadway
with sidewalks on each side. City, County, and property owners will
share the cost.
Public hearing was opened.
Those speaking in favor of the Fox Hollow project were:
Ruth Graves, 275 West 31st Avenue, a member of the Student Safety Task
Force of the 4-J Schools, said in their study of safety of children
going to and from school, Fox Hollow was identified as a hazard.
Between 40 and 60 children walk on Fox Hollow Road a day. She urged
Council to consider the recommendation for improvement.
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Jon Sutton, 4466 Fox Hollow Road, submitted a petition with photo-
graphs. He said residents are upset about speeding and wish the
Council would recommend a lower speed limit to the State. He asked ....
the Council to consider a connecti~n of West Amazon with Fox Hollow. ,..,
People with steep driveways are concerned about the grading of Fox
Hollow. The trees will be cut down when the road is cut into the
embankment. He urged the Council to take these things into consid-
eration when they approved the Fox Hollow project.
Those speaking against the Fox Hollow project were:
Larry Mirabella-Jones, 4722 Fox Hollow Road, felt that land developers
paid very little of the cost of improvements, but added a great deal
to the need for improvement. He asked what percent the citizens would
pay and what percent the City and County would pay. He had been told
that it was paid for by the County. The people would like: 1) side-
walks; 2) dead-end; and 3) stop light. The City has said "no" to the
latter two. The project will destroy trees, will not reduce speed,
and will not connect with Amazon. It will connect to the highway the
County is building.
Maurice Van, 4435 Fox Hollow Road, asked about the cost as well.
Mark Pangborn, 5050 Fox Hollow Road, was concerned about speed and felt
that widening the street did not help this problem. He was concerned
about the trees; he had 20 trees on his property that would be cut
down.
George Alvergue, 430 East 46th Avenue, Chairman of Southwest Neighbor- ~
hood Association, was also concerned about the speed on Fox Hollow
Road.
Raymond Hess, 4715 Fox Hollow Road, was told that West Amazon would be
connected to Fox Hollow, thereby keeping the country atmosphere and
reducing traffic.
Public hearing was closed, there being no further testimony
presented.
Bert Teitzel, City Engineer, said the cost of Fox Hollow would be
$29.50 per front foot. The County has agreed to pay the cost over
and above the normal assessment of $29.50 per front foot. Removal of
29 to 40 trees may be necessary. Steep driveways will have to be cut
back, resulting in making them even steeper.
Ms. Smith asked the City to request a lower speed limit of the State.
She commended staff for their work with the residents.
Jim Hanks, Traffic Engineer, said Fox Hollow is posted at 35 miles per
hour. He felt the narrow curbs and wide gutters of different materials
will help reduce speed. Traffic volume does not warrant traffic lights
and enforcement does not permanently stop speeding, he said. He cited
studies and experience on Chambers Street.
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Mr. Obie asked that replanting be considered part of the cost. Don
Gilman, Assistant Public Works Director, said there would be another
hearing after the completed design and bids are obtained. Ms. Miller
asked if the idea of a connection with Amazon had been pursued. Mr.
Gilman told her it was in the old E-SATS Plan on the general map and
followed the alignment of an old road. It would have had a grade of
12 to 15 percent, and would be located in the county. It would be a
benefit to make the connection, but it would not alter this present
project.
Ms. Miller asked the City's relationship to the County project going
in further south. She was told the two projects were not planned
together. Mr. Gilman told her this project came before the Council
in the fall of 1975, but was dropped because it was outside the city
and there were strong objections.
Res. No. 3122--Authorizing initiating process for street paving, sanitary
sewer, storm sewer, and sidewalk construction on Fox Hollow
Road, from 43rd Avenue to Donald Street (1236) was read by
number and title only.
Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution.
Motion carried uanimously.
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Res. No. 3123--Authorizing initiating process for street paving, sanitary
sewer, storm sewer, and sidewalk construction on Bertelsen
Road, from 11th Avenue to 20th Avenue (County Road 426);
and street paving and sidewalk construction on 18th Avenue
from Bertelsen Road to Four Oaks Grange Road (1730) was
read by number and title only.
Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution.
Motion carried uanimously.
Res. No. 3131--Authorizing institution of proceedings in eminent domain
for acquisition by condemnation of property interests in
the vicinity of 18th Avenue west from 100 feet east of
Chambers Street to 550 feet west of Chambers Street for
the purposes of street widening and construction of drain-
age and sewer systems; and declaring an emergency was read
by number and title only.
Mr. Delay moved, seconded by Ms. Smith, to adopt the resolution.
Motion carried uanimously.
B. Public Works Bid Awards (Materials Distributed)
Manager noted this was a carryover item from Monday, April 9, 1979,
Council meeting and should be acted upon at this meeting. Don Gilman,
Assistant Public Works Director, referred to the materials, saying
that there were five projects. Staff recommended awarding the con-
tracts to the lowest bidders.
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Public hearing was opened.
Those speaking against paving on Cleveland Street (Job 1607) were: ~
Ivan L. Sundstrom, 2392 Cleveland Street; Virginia Walker, 2184 West
24th Avenue; L. D. Scharn, 2195 West 24th Avenue; Reah Harris-Lematta,
2475 Cleveland Street. They felt they were being assessed $3,000 to
improve a street for the residents of a new subdivision that they did
not want. They asked why five people should carry the burden of a
problem caused by a developer. They asked why they were not notified
of the changes that were taking place in their neighborhood, and they
felt they had no control over what was happening in their neighborhood.
Public hearing was closed, there being no further testimony
presented.
Mr. Teitzel said Dawn E. Acres' development had 55 percent of the
street frontage and the petitioners together owned 27 percent. He
said the property owners were notified of this hearing, which is
the only hearing on such a project.
Mr. Obie asked what would happen if the bids were rejected. Mr.
Teitzel said that it would not stop the development and would cause
maintenance problems.
Manager noted that every citizen of the city could expect to pay for
street improvements in front of their houses and these residents will
need to pay eventually. This project would help drainage, dust, and ~
noise control problems. Mr. Gilman said the bid was for $30.10 per ~
front foot of pavement.
Mr. Delay moved, seconded by Ms. Smith, to award low bids as
recommended by staff. Motion carried unanimously.
C. Concurrent Annexation/Rezoning, Property Located North of Crescent
Avenue, East and West of COburr Road, From County AGT and RA to
City R-1 (Tigner) (A/Z 78-17) Materials Distributed)
Unanimously recommended by Planning Commission March 6, 1979.
Jim Saul, Planner, said the subject property comprises 19.5 acres of
land on the west side of Coburg Road, just north of Crescent Avenue.
The property just south of Crescent Avenue, occupied by the Eugene
Swim and Tenni s Cl ub, was recently annexed by the Boundary Commi s-
sion. Two lots are on the east side of Coburg Road. The property
is divided into 14 different tax lots. There are 13 ownerships
involved in the annexation and the owners have requested this annexa-
tion. It would be subject to development with a street off Crescent
Avenue. Lane County suggested this annexation because of failing
septic systems. The annexation meets all pertinent standards.
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No ex parte contacts or conflicts of interest were declared by
Councilors.
Staff notes and minutes were entered into the record.
Public hearing was opened.
Greg Tigner, 241 Sunset, was present to represent the property owners,
and was available to answer questions.
Public hearing was closed, there being no further testimony.
Res. No. 3132--Forwarding recommendation to Boundary Commission for
annexation of property located north of Crescent Avenue,
east and west of Co burg Road was read by number and title
only.
Mr. Delay moved, seconded by Ms. Smith, that findings supporting
the annexation as set forth in the Planning Commission staff notes
and minutes of March 6, 1979, be adopted by reference thereto; and
that the resolution be adopted. Motion carried unanimously.
CB 1876--Authorizing rezoning of property located north of Crescent
Avenue, east and west of Coburg Road, from County AGT and RA
to City R-1 was read by council bill number and title only,
there being no Councilor present requesting it be read in full.
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Mr. Delay moved, seconded by Ms. Smith, that findings supporting
the rezoning as set forth in Planning Commission staff notes and
minutes of March 6, 1979, be adopted by reference thereto; that
the bill be read the second time by council bill number only, with
unanimous consent of the Council; and that enactment be considered
at this time. Motion carried unanimously, and the bill was read
the second time by council bill number only.
Mr. Delay moved, seconded by Ms. Smith, that the bill be approved
and given final passage. Roll call vote. All Councilors present
voting aye, the bill was declared passed and numbered 18373.
D. Rezoning Property Located on South Side of West 3rd Avenue Between
Adams and Jackson Streets, From M-2 to R-3 (Skelnar) (Z 79-1) (Map
Distributed)
Unanimously recommended by Planning Commission March 6, 1979.
Mr. Saul noted that this property had been zoned M-2 since 1948.
It is residential property consisting of four units. The application
is for rehabilitation of those units and the addition of two more
units to the property. Under the Whiteaker Refinement Plan, medium to
high density is appropriate in this area.
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No ex parte contacts or Gonflicts of interest were declared
by Councilors. ~
Staff notes and minutes were entered into the record.
Public hearing was held with no testimony presented.
CB 1877--Authorizing rezoning of property located on south side of
West 3rd Avenue between Adams and Jackson streets from M-2
to R-3 was read by council bill number and title only, there
being no Councilor present requesting it be read in full.
Mr. Delay moved, seconded by Ms. Smith, that findings supporting
the rezoning as set forth in Planning Commission staff notes and
minutes of March 6, 1979, be adopted by reference thereto; that
the bill be read the second time by council bill number only, with
unanimous consent of the Council; and that enactment be considered
at this time. Motion carried unanimously, and the bill was read
the second time by council bill number only.
Mr. Delay moved, seconded by Ms. Smith, that the bill be approved
and given final passage. Roll call vote. All Councilors present
voting aye, the bill was declared passed and numbered 18374.
E. Systems Development Tax: Exemption of Central Business District
(Memo, Map, and Ordinance Distributed)
Manager said that this was a further hearing and discussion on the ~
revisions and proposed amendments to the Systems Development Tax.
This is an area exemption geographically outlined in Exhibit A
attached to the agenda. The area, as proposed, is much reduced
from the original proposal. It includes areas zoned for high-density
residential and commercial. The exemption will encourage high-density
construction. It is within this area that the Council approved a multi-
family unit tax exemption. It lies within Fire Zones 1 and 2, which
require high building regulations and higher costs of construction.
The area includes, in the 1978 Analysis, low-income concentration and
substandard building concentrations, some blighted. The primary
objective of the Systems Development Tax was to raise money. There
arises the question, "How can you raise money when you have exemptions?"
(Mr. Henry asked that on page 3 of the memorandum of April 20, attached
to the agenda, insert $1,700,505 in the first blank and in the third
blank .3 percent.) Thus, very little revenue would be lost in the
application of this particular exemption according to the record of
Systems Development taxes levied to date.
Public hearing was opened.
Those speaking in favor of the Systems Development Tax exemption of
the Central Business District were:
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Harris Hoffman, 1252 West 12th, Joan Gray Associates, said they own
property in the area and would like to build condominium-type, medium-
income housing. He compared costs of building with the competitive
suburban market. Because of high land costs, Fire Zones 1 and 2
standards, and relocation of underground lines, building in the core
area is more expensive and, therefore, not competitive with suburban
housing. To ask to pay for sewers and storm drainage systems (Systems
Development Tax) already in place and paid for by the previous owners
is excessive, he said.
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Sylvia Gagnon, 4660 West Hillside Drive, League of Women Voters,
recognized that exemptions to a tax cause inequities and admini-
strative expense. However, to keep an economically-strong downtown
core area, to encourage construction, and to offset the higher costs
of construction, it was necessary to pass the Systems Development
Tax exemptions.
Public hearing was closed, there being no further testimony
presented.
CB 1878--Regarding land development; amending Sections 7.279 of Eugene
Code, 1971; and declaring an emergency was read by council
bill number and title only, there being no Councilor present
requesting it be read in full.
Mr. Delay moved, seconded by Ms. Smith, that the bill be read the
second time by council bill number only, with unanimous consent of
the Council, and that enactment be considered at this time.
Mr. Delay asked about the boundary extending to the river and how it
was considered by the staff. Charles Kupper, HCC Director, said that
staff had considered an extension into the historic district, but
omitted it because of concern for keeping that area as modest as
possible.
Vote was taken on the motion, which carried 5:2, with Mr. Haws
voting no and Mr. Obie abstaining. Lacking unanimous consent
of the Council, the bill was held for second and final reading
May 14, 1979.
F.
Manager said all papers were in order, and staff was recommending
approval, subject to the new building meeting City fire and building
codes.
Public hearing was held with no testimony presented.
Mr. Delay moved, seconded by Ms. Smith, to forward recommenda-
tion for approval to local OLCC, subject to conditions. Motion
carried unanimously.
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II. ORDINANCES FOR SECOND READING
A. Hearings Panel Report April 16, 1979 (Minutes Attached)
.
Mr. Delay moved, seconded by Ms. Smith, to approve Hearings Panel
minutes as noted. Motion carried unanimously.
B. Levying Assessments
The following council bills, read the first time April 9, 1979, and
referred to Hearings Panel for hearing April 16, 1979, were brought
back for Council consideration, with Panel recommendation to levy
assessments as proposed:
CB 1865--Levying assessments for paving alley between 10th Avenue and
11th Avenue, from Lawrence Street to Lincoln Street; and
between Lawrence Street and Lincoln Street from 10th Avenue
to between 10th Avenue and 11th Avenue (1438) (78-08) was read
by council bill number and title only, there being no Councilor
present requesting it be read in full.
Mr. Delay moved, seconded by Ms. Smith, that the bill be approved
and given final passage. Roll call vote. All Councilors present
voting aye, the bill was declared passed and numbered 18375.
CB 1866--Levying assessments for paving and sanitary sewer, storm sewer,
and pedestrian way within Seychelles West II Subdivision (1359)
(78-17) was read by council bill number and title only, there ~
being no Councilor present requesting it be read in full. ,.,
Mr. Delay moved, seconded by Ms. Smith, that the bill be approved
and given final passage. Roll call vote. All Councilors present
voting aye, the bill was declared passed and numbered 18376.
CB 1867--Levying assessments for paving Happy Lane within Great Heron
Subdivision (1533) (78-23) was read by council bill number and
title only, there being no Councilor present requesting it be
read in full.
Mr. Delay moved, seconded by Ms. Smith, that the bill be approved
and given final passage. Roll call vote. All Councilors present
voting aye, the bill was declared passed and numbered 18377.
CB 1868-'-Levyi ng assessments for pavi ng south si de of 5th Avenue from
Bertelsen Road to 320 feet west (1613) (78-35) was read by
council bill number and title only, there being no Councilor
present requesting it be read in full.
Mr. Delay moved, seconded by Ms. Smith, that the bill be approved
and given final passage. Roll call vote. All Councilors present
voting aye, the bill was declared passed and numbered 18378.
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CB 1869--Levying assessments for paving, sanitary sewer, and storm
sewer within Doveri.s Plat (1336) (78-37) was read by council
bill number and title only, there being no Councilor present
requesting it be read in full.
Mr. Delay moved, seconded by Ms. Smith, that the bill be approved
and given final passage. Roll call vote. All Councilors present
voting aye, the bill was declared passed and numbered 18379.
CB 1870--levying assessments for sanitary sewer in 13th Avenue from
Bertelsen Road to approximately 700 feet east (1686) (78-67)
was read by council bill number and title only, there being no
Councilor present requesting it be read in full.
Mr. Delay moved, seconded by Ms. Smith, that the bill be approved
and given final passage. Roll call vote. All Councilors present
voting aye, the bill was declared passed and numbered 18380.
CB 1871--Levying assessments for sanitary sewer in Jessen Drive from
Melrose Loop to 99 North (1138) (78-13) was read by council bill
number and~title only, there being no Councilor present requesting
it be read in full.
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Mr. Delay moved, seconded by Ms. Smith, that the bill be approved
and given final passage. Roll call vote. All Councilors present
voting aye, the bill was declared passed and numbered 18381.
CB 1872--Levying assessments for sanitary sewer on Hickory Avenue from
Sweet Gum Lane to Garden Way (488) (78-19) was read by council
bill number and title only, there being no Councilor present
requesting it be read in full.
Mr. Delay moved, seconded by Ms. Smith, that the bill be approved
and given final passage. Roll call vote. All Councilors present
voting aye, the bill was declared passed and numbered 18382.
CB 1873--Levying assessments for paving, sanitary sewer, storm sewer,
and pedestrian way within and adjacent to Keeston Terrace Sub-
division (1435) (78-42) was read by council bill number and title
only, there being no Councilor present requesting it be read in
full.
Mr. Delay moved, seconded by Ms. Smith, that the bill be approved
and given final passage. Roll call vote. All Councilors present
voting aye, the bill was declared passed and numbered 18383.
CB 1874--Levying assessments for sidewalk on Lindley Lane adjacent to
Tax Lots 804, 851, and 839, Map 17-03-33-12 (1521) (78-70) was
read by council bill number and title only, there being no
Councilor present requesting it be read in full.
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Mr. Delay moved, seconded by Ms. Smith, that the bill be approved
and given final passage. Roll call vote. All Councilors present ~
voting aye, the bill was declared passed and numbered 18384. ~
III. ORDINANCES FOR FIRST READING--None.
IV. RESOLUTIONS
Res. No. 3133--Authorizing payment of bills and claims for period
April 9 through April 23, 1979, was read by number
and title only.
Mr. Delay moved, seconded by Ms. Smith, to adopted the resolu-
tion. Roll call vote. Motion carried unanimously.
Upon motion duly made, seconded, and passed, the meeting was adjourned to April 25,
1979.
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Charles T. Henr
Ci ty Manager
(Recorded by Beth Conant)
BC:so/CM7a1
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DEPARTMENT OF PUBLIC WORKS
Engineering Division
Bid No. 2
Opened: April 3, 1979
1. PAVING, SANITARY SEWER, STORN SEWER AND PEDESTRIAN
WAY within Clarey Plat 1st Addition. (Job #1577)
Bidders:
Contract Cost
Basic Alternate
WARD 1. Eugene Sand & Gravel, lnc.--------------$ -0-
2. H & J Construction ---------------------$ 663,178.95
3. Dan D. Allsup Contractor,Inc.---~-------$ 689,103.35
4. Morse Bros., Inc.---------------~-------$ -O-
S. Wildish Construction Co.--------~-------$ 697,103.95
It
$ 615.379.93
-0-
$ 663,981. 40
$ 679,591.76
$ 690,494.00
Cost to Abutting Property:
Cost to City.
$1,500.00
Amount Budgeted
$1,700.00 (79-80 Budget)
Paving
San.Lat.
San.Serv.
. Stm. Swr.
Ped.Way.
.
$2,140.00/Lot
$1,315.00/Lot
$ 295.00/Lot
$ 3l5.00/Lot
~ l2.00/Lot
COMPLETIO~ DATE: October 15, 1979
._------------------------------------------------------------------------------------------------
PAVING, SANITARY SEWER AND STORM SEWER within
Dawne Plat; and paving Cleveland Street from
approximately 100 feet north of 24th Avenue
to approximately 200 feet south of 25th Avenue.
(Job #1607)
2.
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Bi dders
Contract Cost
Basic Alternate
~WARD 1. Eugene Sand & Gravel, Inc.--------------$ -0-
2. Wildish Construction Co.----------------$ -0-
3. Shur-Way Contractors, lnc.--------------$ 83,749.95
4. Dan D. AllSUp Contractor, Inc.----------$ 94,907.87
5. Morse Bros., Inc.-----------------------$ -0-
$ 67,660.81
$ j8~tJ01..35
$ 84,861.68
$ 91,035.06
$ 91,723.00
Cost to Ci ty
Amount Budgeted
$5,000.00 (79-80 Budget)
Cost to Abutting Property:
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281 Pav.
34' Pal/.
San.Lat.
San. Serv.
Cone. Drive
S tfil. Swr.
S 30.10/FF
$ 31. 10/FF
s. 0.53/SF
$277.00/Serv.
$ 2.75/SF
$136.00/Lot
Storm
Over.Hidth
$ 2,200.00
$ 4.000.00
$ 6,200.00
b' ,
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COMPLETION DATE: July 1, 1979
2.40
3. . PAVING 13th Avenue fro~ Bertelsen Road to
approximately 300 feet east of Ocean Street
(Job #1460)
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Contract Cost
Basic Alt~rnate
(
Bidders:
;~ARD 1. Eugene Sand & G;cvel, Inc.--------------- S -0-
2. Egge Sand & Grevel Co.------------------- $ 49,658.26
3. . Morse Bros., Inc.------------------------ $ -O~
4. Wildish Construction Co.----------------- $
S 47,484.85
$ -O-
S 51,953.75
S 5~,916.50
Cost to Abutting Property:
44 I P a v .
38' Pay.
San.Lat.
Conc.Apron
A.C.Drive
$36.90/FF
$32.10/FF
$ 0.05/SF
$ 2.40/SF
$ O.70/SF
Cost to City
None
Amo'..int Budgeted
None
~ COMPLETION DATE: july 1, 1979
-------------------------------------------------------------------------~------------~----------
4. PAVING intersection of Friendly Street and
28th Avenue (Job #1463)
Bidders:
:.w.
Contract Cost
1. Wildish Construction Co.------------------$ 8,511.25
2. Eugene Sand & Gravel, Inc.---~------------$ 9,745.00
3. Shur-Way Contractors, Inc.----------------$ 12,235.00
(
Cost to Abutting ProDertv Cost to City Amount Budgeted'
~
None $8,511.25 $8,600.00
~ C0I1PLETION DATE: July 1, 1979
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5. STORM SEWER along south boundary of Delta Grove
pun from Happy Lane to 800 feet west. (Job #1587)
Bidders
Contract Cost
~WARD 1. Eugene Sand & Gravel, Inc.-----------~----S 24.916.20
2. Wildish Construction Co.------------------$ 31,758.00
3. Shur-Way Contrectors, Inc.----------------$ 33,126.00
4. Kenneth R. Bostick Construction Co.-------$ 34,768.00
5. H & J Construc:ion -----------------------$ 37,320.80
6. Dan D. Allsup Contractor, Inc.------------$ 38,072.50
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Cost to Abutting PrODerty
.$ 22,895.00
COMPLETION DATE: June 1, 1979
Cost to City
Amount Budgeted
$8,800.00 (79-80 BUd{~C)
$ 7,800.00
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