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HomeMy WebLinkAbout08/27/1979 Meeting , M I NUT E S EUGENE CITY COUNCIL e August 27, 1979 --------------------------------------------------------------------------------- Adjourned meeting from August 15, 1979, of the City Council of the City of Eugene, Oregon, was called to order by Vice President Betty Smith, August 27, 1979, 7:30 p.m., in the Council Chambers, with the following Councilors present: D.W. Hamel, Eric Haws, Scott Lieuallen, Brian Obie, Gretchen Miller, and Emily Schue. Mayor Gus Keller and Councilor Jack Delay were absent. --------------------------------------------------------------------------------- I. PUBLIC HEARINGS A. Concurrent Annexation/Rezoning 1. Property located east of Sweetbriar Lane south of 43rd Avenue from County RA Suburban Residential District to City R-l Single-Family Residential District (John Steinmuller) (AZ 79-6) Manager explained this concurrent annexation and rezoning appli- cation is being requested by John Steinmuller. The property is located east of Sweetbriar Lane and south of 43rd Avenue. The Planning Commission recommended its approval by a unanimous vote e on July 3, 1979. Mr. Saul explained that the property involved is a small parcel involving 2.3 acres. The annexation request was reviewed with regard to three City standards; whether it was in the urban service boundary, whether City services were available, and whether it resulted in logical boundaries. The annexation request was also reviewed under the standards of the Administrative Rule, adopted by the Land Conservation and Development Commission, which deals with the question of the need for additional land within the city. It was also reviewed under applicable Statewide Goals and Guidelines. The Planning Commission determined the application was consistent with all of these standards. At the Planning Commission hearing, one member of the public appeared and testified. Mr. and Mrs. Ivan Niven, who own properties south of the annexation, support the annexation and simply wanted the record to show that when development plans are submitted, consideration should be given to possible access routes through this annexed property to properties to the south. No ex parte contacts or conflicts of interest were declared by the Council ors. - 8/27/79-1 tM8 ---- I ^ Staff notes and minutes were entered into the record. .. Public hearing was held with no testimony presented. e Res. No. 3226--A resolution forwarding recommendation to the Boundary Commission for annexation of property located east of Sweetbriar Lane and south of 43rd Avenue Mr. Obie moved, seconded by Mr. Hamel, that findings supporting the annexation as set forth in the Planning Commission staff notes and minutes of July 3, 1979, be adopted by reference thereto and that the resolution be adopted. Motion carried unanimously. CB 1977--Authorizing rezoning from County RA Suburban Residential District to City R-1 Single-Family Residential District for property located east of Sweetbriar Lane and south of 43rd Avenue Mr. Obie moved, seconded by Mr. Hamel, that findings supporting the rezoning as set forth in the Planning Commission staff notes and minutes of July 3, 1979, be adopted by reference thereto, that the bill be read the second time by council bill number only, with the 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. Obie moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18479. B. Rezoning e 1. Property located south of Royal Avenue east of Terry Street from AG Agricultural District to R-1 Single-Family Residential District (Averill Bennett) (Z 79-9) Manager presented the rezoning request and introduced Mr. Saul to give additional information. Mr. Saul explained that this request involved 13.8 acres of land south of Royal Avenue and east of Terry Street. It is one of the few remaining parcels that carries an AG designation within the city. Both the 1990 Plan and the Bethel-Danebo Refinement Plan recognize low-density residential development as appropriate for this area. The Bethel-Danebo Plan also recognizes the AG desig- nation as a temporary designation until it becomes R-1. The findings endorsed by the Planning Commission support this proposed zone change. Mr. Saul referred Council to a letter from Mr. Peter Fels opposing the zone change. - 8/27/79-2 1161 - ....-. ~ . , ; To Ms. Miller's question, what does "vacant" mean, Mr. Saul replied that that term is used when the land was not occupied by e structures. No ex parte contacts or conflicts of interest were declared by Cou nc il ors. Staff notes and minutes were entered into the record. Public hearing was held with no testimony presented. CB 1978--Authorizing rezoning from AG Agricultural District to R-l Single- Family Residential District for property located south of Royal Avenue, east of Terry Street Ms. Miller said that although the parcel is vacant, that does not mean that it is not currently being used. She felt certai n assumptions need to be questioned. Land can be used in a variety of ways. She was concerned that there be a provision for main- taining the waterways and creation of buffer zones. She was concerned about the development of low-density in this area while, at the same time, encouraging high-density within the urban core. She felt that the City was perpetuating the kind of development that is now there by simply rezoning the land to R-l. Her recom- mendation would be to add the PO suffix to R-l. Mr. Saul replied that, while a PO suffix is an option for the e City Council, it would not protect the land from being developed as a single-family subdivision. Answering the objections in Mr. Fels~ letter, Mr. Saul explained that subdivisions could, and often do, take into consideration the development of open space, bicycle paths, and open waterways. He explained that the PO suffix was not a guarantee of higher density within the area. Noting that Mr. Fels objected to the development to the south, Mr. Saul said that his opinion was a matter of personal judgment regarding that development. Mr. Saul said that the letter implied that the City should be investing in higher-cost housing in that area. This conflicts with other City goals, Mr. Saul said. The need for a buffer or open space between this area and the property on the west side of Terry could be accomplished with the R-1 designation. Mr. Obie was concerned about applying zoning on a single-lot basis. He felt the Council should look at the whole area, possibly when it considered the 1990 Plan Update. He said he would support any policy-making move that would look at the density problem in depth for the whole area, but would not be in favor of applying the PO suffix to just one piece of property. e 8/27/79-3 '-110 Ms. Miller noted that there were some major questions which need to be asked and are applicable to this zone change, and would be ' applicable to other zone changes that the Council will be consi- dering over the next year. These issues will not come up as part e of the 1990 Plan Update, she said. She appreciated Mr. Saul's comments about the PO suffix, but felt the PO suffix does give the public more opportunity for input to the development process. It is important and does result in an improved development, she said. Ms. Miller moved, seconded by Ms. Schue, to change rezoning designation from R-1 to R-1/PD. Ms. Smith said she appreciated Ms. Miller's concerns, especially since they would not be addressed by the 1990 Plan Update. She agreed with Mr. Obie that there should be some concern on the part of the Council to pursue this issue through some channel. Mr. Saul said that if this amendment passed, the rezoning request would be referred back to another joint meeting between the Planning Commission and the City Council. At that time staff would oppose the attachment of the PO suffix to the R-1 designation. The amendment to add a PO suffix failed, 4:3, Ms. Miller, Mr. Lieuallen, and Ms. Schue voting aye. Main motion authorizing rezoning to R-1 carried 6:1, Ms. Miller voting nay. 2. Property located on south side of West 10th Avenue between Chambers and Grant streets from RA Suburban Residential District to C-2/SR e Community Commercial District with Site Review Procedures (Dirlam and Gott) (Z 79-10) Manager presented the request and introduced Mr. Saul to give additional information. Mr. Saul explained that this area represented 10,000 square feet. Historically, is has been used as a graveled parking area and as a loading zone for the businesses which front on West 11th. The businesses are under the same ownership as this property. Property on the south side of West 11th is zoned C-2, as is the property located to the west and east of this property. The property owners want rezoning for the parking area from RA to C-2. No ex parte contacts or conflicts of interest were declared by Councilors. Staff notes and minutes were entered into the record. 8/27/79-4 e 471 Public hearing was opened. e Those speaking in favor of the appeal were as follows. Don Gott, 1515 El Kay, explained he was present to answer any questions. He noted that the request had gone through the Planning Commission with the unanimous vote in support of the rezoning. He explained that RA zoning is inappropriate because the lot is too small for development. It can only be used for a loading zone. The reason he is applying for this zone change is the need to pave the area to provide off-street parking for the clinics. Those speaking against the rezo~ing where as follows. Hank Murrow, 1215 Arthur, representing the Planning Committee of Farwest Neighbors, said the vote of the Planning Commission was not unanimous as originally stated but rather 4:2. Referring to his letter given earlier to the Council, he explained that Grant Street Park had just received CD funding amounting to $34,000. The park is within view of the property being considered. The zoning to C-2 would open the entire block, which fronts on West 11th, to commercial development. He feared that the adjoining property will then be developed also. He asked the Council to approve a uniform RP zoning on West 10th which would provide a buffer zone for West 11th. John Wesley, 1625 Garfield Place, said the area is a good area for young families. If the property goes to C-2, it will mean more - cars and noise across the street from the park. He urged a denial of C-2 and a more creative approach to solving the parking problem. Mr. Saul explained that over the last two to three years, the Planning Commission has considered four or five zone-change requests aSking for a zone change from commercial to residential in this area and has denied them. The Planning Commission had approved this parcel because of the details of this specific case. The reasons the Planning Commission had approved the C-2 desig- nation rather than RP were: I} the RP designation only permits private parking and could not be used by commercial establishments that front on West 11th; 2} RP zone district allows a 30-percent coverage limitation; therefore, only 30 percent of the area could be used for a parking area; 3) historically, the property has been used for truck loading and the RP zoning would not allow loading; and 4} the zone change made sense since the entire strip along 10th Avenue is that zone. Mr. Saul explained that the Planning Commission was sensitive to the problems that had been stated. They, therefore, asked for site review procedures with factors to be addressed at the time of development. Mr. Gott said he did not understand the reference to 30 percent as half of the lot is needed for trucks loading at this time. - 8/27/79--5 ~7Z CB 1979--Authorizing rezoning from RA Suburban Residential District to C-2/SR Community Commercial District with Site Review Procedures for property located on the south side of West e 10th Avenue between Chambers and Grant streets. Mr. Obie moved, seconded by Mr.Hamel, that the findings supporting the rezonings set forth in the Planning Commission notes and minutes of July 3, 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. Councilors Miller and Lieuallen did not feel that applying the C-2 zoning was the answer to the problem. They asked about the ramifi- cations of various zone options such as C-1 or RP or no change and continuing with RA. Mr. Saul indicated that there was no perfect solution. He outlined the drawbacks to the alternative zonings suggested by Councilors Miller and Lieuallen. . Ms. Miller objected to approving C-2 zoning for a particular owner for a particular need when in future years, that zoning could allow uses that were not compatible with the neighborhood and the park development. She did not want to deprive the stores of their loading access, but she could see no reason why the entire block should be opened up to full-scale C-2 commercial development. She moved, therefore, to change RA to RP. The motion did not receive a second. Main motion carried 6:1, Ms. Miller voting no. - 3. Property located south of Clark between Jackson and Van Buren streets from M-2 Light Industrial District to C-1 Neighborhood Commercial District and a change of sign district from Highway-Oriented District to Outlying Commercial District (Meili) (Z 79-11) Manager introduced the request and asked Mr. Saul to give additional information. Mr. Saul said the area represents 26,000 square feet with no present structural development. The Whiteaker Refinement Plan defines the area as suitable for mixed use and this encourages both residential and neighborhood commercial development. The C-1 designation allows neighborhood development along with residential development, and so it is in conformity with this Plan. The property to the south was rezoned, a year ago, to C-1. It is somewhat exceptional to have a rezoning request involving the zone change from a more intensive to a less intensive zone designation. The sign change request is from Highway-Oriented to Outlying Commercial District. It was felt that this was appropriate by the Planning Commission. e 8/27/79-6 473 No ex parte contacts or conflicts of interest were declared by the Councilors. e Staff notes and minutes were entered into the record. Public hearing was held with no testimony presented. CB 1980--Authorizing rezoning from M-2 light Industrial District to C-l Neighborhood Commercial District and a change of sign district from Highway-Oriented District to Outlying Commercial District for property located south of Clark Avenue between Jackson and Van Buren streets Mr. Obie moved, seconded by Mr. Hamel, that the findings supporting the rezoning as set forth in the Planning Commission notes and minutes of July 3, 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. Obie moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18480. C. New liquor license Outlet: Whitey's Cafeteria (retail/malt); 2079 River Road (Emery and Leona Whitus) e Manager introduced the request for a malt beverage retail outlet at the end of the Riviera Shopping Center. The building is 53 feet by 25 feet. The owner's history and premises have been inspected by staff and all is in order. The recommendation is for approval. Public hearing was opened. David Whitus, 695 Kildare, said the clientele has demonstrated a need for this outlet and it will allow this establishment to diversify and go into an evening dinner business. Public hearing was closed, there being no further testimony. Mr. Obie moved, seconded by Mr. Hamel, to forward to the OlCC, with recommendation for approval, subject to conditions, if any. Motion carried unanimously. II. ORDINANCES FOR SECOND READING A. levying Assessments Manager noted the following council bills were read the first time on August 15, 1979, and referred to the Hearings Panel for hearings e on August 20, 1979, and were brought back for Council consideration 8/27/79-7 47~ with Panel recommendations to levy assessments as proposed. Council or:s Haws and Schue have approved the levying of these assessments in the Hearings Panel. CB 1962--Levying assessments for paving, sanitary sewer, and storm sewer e within Humbolt Subdivision; paving Willamette Street adjacent to Humbolt Subdivision; and sanitary sewer within 160 feet south of Humbolt Subdivision Mr. Obie moved, seconded by Mr. Hamel, that the bills be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18481. CB 1963--Levying assessments for paving Clinton Drive from Willagillespie Road to Crenshaw Road Mr. Obie moved, seconded by Mr. Hamel, that the bills be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18482. CB 1964--Levying assessments for paving, sanitary sewer, and storm sewer to serve Wieger Park Subdivision Mr. Obie moved, seconded by Mr. Hamel, that the bills be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18483. CB 1965--Levying assessments for paving and sanitary sewer on Lindley Lane from Bardell Avenue to 200 feet north e Mr. Obie moved, seconded by Mr. Hamel, that the bills be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18484. CB 1966--Levying assessments for sanitary sewer to serve south side of 5th Avenue from Polk Street to Almaden Street Mr. Obie moved, seconded by Mr. Hamel, that the bills be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18485. CB 1967--Levying assessments for sanitary sewer in Gilham Road from Kidder Subdivision south to existing sanitary sewer Mr. Obie moved, seconded by Mr. Hamel, that the bills be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18486. B. Alley Vacation Manager noted this item had had its first reading in December, but second reading was held up pending payment to the City for the 1 and being vacated. The $2,100 has been paid, although under protest, so the bill can be passed. 8/27/79--8 e Lf75 B. Alley Vacation e Manager noted this item had had its first reading in December, but second reading was held up pending payment to the City for the land being vacated. The $2,100 has been paid, although under protest, and so the bill can be passed. CB 1807--Authorizing alley vacation located between Willamette Street and Olive Street and retaining public utility easement over entire area (Suchy) (AV 78-1) Mr. Obie moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18487. C. Scobert Condemnation Manager explained the Scobert Condemnation issue was held over from last Monday night's Council meeting two weeks ago. This was the final reading and was not a public hearing. It had not been advertised as such. CB 1939--Repealing Resolution No. 3050 and authorizing the institution of proceedings in eminent domain for the acquisition of property in the vicinity of 4th and 5th avenues and Polk Street and Blair Boulevard for a publiC park site and declaring an emergency e Mr. Lieuallen indicated that there were going to be a lot of upset people if they were not allowed to speak. Although he had previously heard the arguments, he would suggest that the Council hear those people requesting to speak. Ms. Smith said there were six people who had requested to be heard. It would require a majority of the Council to open a public hearing. All Councilors, other than Mr. Lieuallen, felt they had heard the arguments during previous public hearings. Since this was for second reading of the item and the council bill had passed at the previous meeting, they felt it would serve no useful purpose to open a public hearing again. Mr. Haws moved, seconded by Mr. Obie, that the bill be approved and given final passage. Roll call vote. Four Councilors voting aye, Councilors Obie, Smith, and Hamel voting nay, the bill was declared passed and numbered 18488. D. Northwest Natural Gas Franchise Renewal CB 1916--Granting to Northwest Natural Gas, a corporation, its successors and and assigns, for the period of 20 years from and after the effective date of this ordinance, a non-exclusive' right and - 8/27/79--9 ~U . franchise to lay, maintain and operate gas mains, pipes, and appurtenances in the present and future streets) alleys, public easements, walkways, bikeways, and public places in the City of e Eugene, Oregon, and for the purpose of supplying gas to the ci~y and the inhabitants thereof, and others, for light, heat, power, and other purposes; providing for the payment of ~ompensation to City, and providing for the repeal of Ordinance No. 11549, passed by the City Council July 13, 1959) and approved by the Mayor July 14, 1959. Mr. Obie moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye) the bill was declared passed and numbered 18489. III. PROGRAM AGENT ADVISORY COUNCIL FUNDING RECOMMENDATIONS FOR FY 1979-80 Manager introduced Mr. Long to explain the recommendations of the Program Agent Advisory Council. He said Councilor Smith was chairman of the Council and Councilors Obie and Lieuallen participated in the process. Mr. Long indicated that the Advisory Council was attempting to deal with a 50-percent reduction in funding. The process included reviewing reduction options, developing evaluation procedures, and evaluating each position and agency which were currently under contract with the City of Eugene. The recommendations include cutting a number of jobs that are dead-end and have very little possibility of permanent unsubsidized employment. Thirty- seven of the positions eliminated would be accomplished by attrition. Mr. e Long read the six recommendations from the distributed memorandum of August 22, 1979, which the Advisory Council was asking to be adopted. They are as follows: 1. Current positions scoring 9 or more points be extended for funding in FY 179-180, and the City Manager be authorized to sign contracts to extend these positions. 2. Positions evaluated and scoring 8 or fewer pOinted be terminated effective September 30, 1979. 3. CETA participants impacted by funding terminations be given special placement services, preference in CETA openings if qualified, and staff be authorized to approve employment extensions for up to 60 days after September 30, 1979, if the participants are fully cooperating in seeking alternative employment. 4. Positions which will vacate September 30) 1979, due to participant ineligibility, be terminated (participants who have completed the maximum 78-week eligibility period permitted by regulation). This policy combines attrition with direct funding terminations in order to reduce the program enrollments to FY 179-180 allocation levels. e 8/27/79--10 477 , 5. Future CETA PSE positions established through discretionary grants./ e agency job reclassifications, or other means must have medium to./ high labor market demand to ensure maximum employability to P~~~ participants. / / 6. Adopt the attached appeals procedure for agencies denied funding as a result of the program evaluation. Ms. Miller, noting that a greater percentage of the funds was going to government agencies and education and employment, asked how this came about. Mr. Long felt that it was a natural capacity of public agencies to create more jobs with an unsubsidized future potential. He felt there wasn't this capability in a small, non-profit agency. Ms. Smith said that she felt the Commission had put a strong emphasis on labor market demand that had accounted for the non-profit percentage being lower. Mr. Long said the non-profit percentage is still above the Depart- ment of Labor requirements for non-profit agencies (30 percent of the project fund). Ms. Miller asked how realistic it was to have an appeals procedure, since the funds are completely allocated at this time. Even if an agency won an appeals case, there would not be funding for the position. Mr. Long replied that there would be unexpended funds returned from agencies due to vacancies. The Advisory Council would then approve a reallocation. Ms. Miller asked if the best one could do, through the appeals procedure, would be to work up to the head of the list for unobligated money. Mr. Long replied that the method of handling such open positions would be a e decision of the Advisory Council and the City Council. Ms. Miller asked since labor market demand is the basis for choice, it should be possible to know the type of job that did well in that aspect and what job did not fare well. Mr. Long referred to Attachment B of the memorandum, saying that a rating of 4, 5, 6, or 7 was high. He indicated that other material was available. Mr. Lieuallen felt the statistics that they received from the State Employment Office concerning labor market demand were not that scientific and could be interpreted in many ways. He felt it had been difficult to get information on the evaluation process and to have public participation in the process. Recognizing the lack of information and negative feelings in the community, he urged the staff to make information regarding the process more readily available so that the situation could be improved in , the future. Mr. Obie felt the negative feelings were minimal. He attended most meetings and worked with the PAAC Committee. When funding is cut, there will be negative feelings, he said. The standards used were objec- tive and consistently applied. He felt that the process had been fair with regard to those involved. He urged adoption. Mr. Obie moved, seconded by Mr. Hamel, to adopt the Program Agent Advisory Council funding recommendations for FY 1979-80. - 8/27/79--11 'f78 Council agreed to hear public comment on the general evaluation process employed by the PAAC Committee. Jim Williams, 738 Sunnyside Drive, explained that he had just attended a e conference, "Putting the Arts To Work" in San Francisco on August 24. He also referred to the August 24 issue of the Willamette Valley Observer, which quoted Randy Miller as saying, "There is no way you can justify funding a performer where there is no labor market demand." As a member of the Civic Center Commission, the Arts Alliance, and a board member of. the Eugene Community Foundation, he was concerned about that statement. With the City putting $18.5 million in construction of a Performing Arts Center, as well as $500,000 in operating costs, it is important that the theater be filled with trained performers. Locally-trained performers will keep money in the Eugene economy. This is an industry that must develop here and it must develop quickly in order to support the Performing Arts Center. There is a flaw in basing decisions on the labor market demand as it appears today. Most planners look two to three years down the road. To make the arts a third priority is a mistake for this community. David Lunney, Oregon Repertory Theater Producing Director, said there is a need in Eugene for people to work and train with the art setting, but he cannot ask them to work without pay. In three years, he anticipates a high demand for performers, backstage workers, and other people who are trained in subscription work. The arts will need people who know how to do the support activities. If there are not those people in Eugene, they will either have to look to outside sources or to have many dark nights in the Performing Arts Center complex. He asked them to consider Eugene's e future needs in their deliberation. Alex Stowlowitz, 1193 Van Buren, asked that the next time the process include a timetable for informing those agencies concerned about the process. This was not done. As an example, he cited receiving an August 10 letter, which was received by the agencies on August 13 or 14. The letter stated that on August 14, each agency had two minutes to speak on why their agency should receive funding. The letter stated three criteria that would be used by the Council: labor market demand, community need for service, and agency administrative ability. There was no explanation about these criteria so the agencies had not received adequate time or knowledge in which to respond. Mr. Long responded that Randy Miller had made a commitment that, in dealing with the grant criteria, the development would be well in advance so they can work with new CETA regulations and programs. Mr. Long felt that Mr. Miller's quote was incomplete, since there are a number of jobs in the arts that do have very good labor market demand and are recommended for funding by the Council. He said the Council, when specifically looking at performers and stage hands, concluded there was not sufficient 1 abor dema nd. The arts have only dropped from a 14-percent level to a 12-percent level of funding, so there is no serious cut in this area, he said. e 8/27/79--12 'i1~ . Ms. Miller indicated that she felt a lot of the funding was based on the narrow definition of labor market demand. This was subjective. She e called for coordination with other City commissions and committees. Ms. Smith responded that she felt better about tpis year's process than she had in the two previous years. She and Mr. Miller had appeared before the Economic Development Committee last week. There is overlapping membership between the Private Industry Council and the Economic Development Committee. The Economic Development Committee has agreed to consult with PAAC. They realize that the CETA program is economic development. The motion to approve and adopt the recommendation for funding carried unanimously. IV. ROUTINE ITEMS A. Election Proclamation Ms. Smith, Mayor pro tern, read the election proclamation which indicated Measure 51 had been approved by the voters. B. Hearings Report: Sidepocket Tavern license Renewal Manager indicated this was an appeal of an administrative decision that the license be denied. The owners in question have sold and this moots the matter. Mr. lieuallen moved, seconded by Mr. Haws, to approve and accept e the report of the Hearings Panel. To Mr. lieuallen's question of what happen to this report now, , Manager said that it would be sent to the OlCC. It might have impact only if the present owners were in trouble. Mr. lieuallen said that he was not interested in making it difficult for the new owners who presently have their own liquor license. Mr. long indicated that a lot of law enforcement had gone into this report and its submission would underscore the City's effort to clean up this problem area. Mr. Haws concurred that the owners have changed but not the clientele, and a lot of staff time had gone into this report. Mr. lieuallen moved, seconded by Ms. Schue, to approve and hold filing this report until a future date. Motion carried 5:2, Mr. Haws and Mr. Hamel voting no. Main motion to approve and accept the report of the Hearings Panel and file it until a future date, carried unanimously. - 8/27/79--13 1~ . . C. Call For Public Hearings CB 1981--Calling public hearing for October 3, 1979, re: Easement vacation e for Gary Hughes, property located approximately 300 feet north of Jessen Drive and east of Elizabeth Street (EV 79-4) Mr. Obie moved, seconded by Mr. Hamel, 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. Obie moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18490. CB 1982--Calling public hearing for October 3, 1979, re: Easement vacation for Lyndon Homes, Inc., Lynn Reitman, property located on the east side of Center Way approximately 500 feet south of Martin Drive (EV 79-5) Mr. Obie moved, seconded by Mr. Hamel, that the bills be read the second time by council bill number only, with the 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. Obie moved, seconded by Mr. Hamel, that the bill be approved e and given final passage. Roll call vote. All Councilors present voting aye, the bill was declared passed and numbered 18491. D. Resolution Res. No. 3227--Authorizing the payment of bills and claims for the period of August 13, 1979, through August 27, 1979 Mr. Obie moved, seconded by Mr. Hamel, to adopt the resolution. Roll call vote. Motion carried unanimously. E. Approve Council Minutes Manager noted that in the August 1 minutes on page 6 under IV. Reviewing Performing Arts Center Garage Bids, the line should be corrected to read, liThe Finance Director has suggested that, as of January 1, 1980, [1978J.1I Mr. Obie moved, seconded by Mr. Hamel, to approve the Council minutes of the special meetings on July 30, 1979; and August 1, 1979, and regular meetings of July 25, 1979; August 1, 1979; August 13, 1979; and August 15, 1979, as amended. Motion carried unanimously. e 8/27/79--14 '-1St . I . Upon motion duly made, ~econded, and passed, the meeting was adjourned to , September 5, 1979. ~. J~ Charles T. Henry City Manager (Recorded by Beth Conant) CTH:BC:pm/CM12b20 -- , 8/27/79--15 '182..