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HomeMy WebLinkAbout03/10/1980 Meeting e M I NUT E S EUGENE CITY COUNCIL March 10, 1980 Regular meeting 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., with the following coun- cilors present: Betty Smith, D. W. Hamel, Eric Haws, Gretchen Miller, Brian Obie, Emily Schue, and Jack Delay. Councilor Scott Lieuallen was absent. I. PUBLIC HEARINGS e A. Rezonings 1. Property located west of Blair Boulevard, east of Fillmore Street, north of the alley between 5th and 6th avenues, and south of the alley between 3rd and 4th avenues from R-2 Limited Multiple-Family Residential District to R-2/10A Limited Multiple-Family Residential Oistrict with a maximum density of ten units per acre; and for property located west of Blair Boulevard, east of Polk Street between 4th and 5th avenues from C-2 Community Commercial District to R-2/10A Limited Multiple-Family Residential District with a maximum density of ten units per acre. (City of Eugene: West Blair) (Z 80-1) (Map Distributed). Recommended approval by Planning Commission January 22, 1980, vote 6:0. Manager stated this matter was recommended for approval by the Planning Commission which heard the request on ,January 22, 1980, and approved it with a unanimous vote. He stated that this proposed rezoning is part of the implementation of the Whiteaker Refinement Plan. Mr. Henry introduced Susan Smernoff, Planning Department, who stated that this rezoning is occurring in the Whiteaker neighborhood and this is a part of the implementation of the Whiteaker Refinement Plan. She further stated that approximately 87 percent of the development is in single-family units; 70 percent of the dwellings are owner-occupied. Within this area there has been a concentration of rehabilitation loans and a paint program. The refinement plan stresses retaining this area as a single-family residential area, in part to support Whiteaker School. 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. Speaking in favor of the rezoning: e 3/10/80--1 Sandy Pitler, 1480 West 11th Avenue, who identified himself as a worker for the Whiteaker Community Council, stated that at the ~ Planning Commission meeting there were five homeowners present in ~ favor of the down-zoning and they had produced a petition which had been widespread throughout the neighborhood. He further noted that this area is mostly single-family and that the neighborhood has been upgraded and is being much better maintained than previously. He stated the purpose of the down-zoning is to preserve one part of the Whiteaker area as a single-family area and that this is in accordance with the Whiteaker Refinement Plan, which was adopted by the City. Sharon Johnson, 1190 West 5th Avenue, stated she wants to see the character of this neighborhood preserved. She further stated that she wants to see this area kept a single-family neighborhood and would like to see the City Council implement the Whiteaker Refinement Plan. Speaking against the rezoning: Sue Miller, 1733 Riverview, owns a house on 4th Avenue which is now rented. She stated they have applied for a permit to add a solar- heated, barrier-free access on the rear of their lot. She added that this is primarily an owner-occupied area. She further stated that if Eugene wishes to go away from urban sprawl and into higher-density housing, they will need to consider multiple-family residences. Also, smaller lots and smaller houses will be necessary. She further stated that she feels this is one of the best areas in the city to have this kind of housing. She questioned why the government needs to be involved since this seems to be working well at the moment, and the Scabert's high-rise proposals could not occur under the current zoning ~ laws. ~ Dale Scobert, 202 Dondea, Sprinlfield. identified himself as the property owner of 440 Blair Sou evard, and requested that Tax Lots 10400, 10500, and 10600 be exempted from this down-zoning. He stated they have been embroiled in condemnation with the City for the past three years. He also stated that the above-mentioned lots would pertain to CB 2084. He further stated it has been hard enough that the City has taken their land from them against their will and this down-zoning would decrease the value of their land even more; he further stated it was difficult for him to imagine what else the City could do to them. He then requested that they be exempted from the down-zoning, to continue with the condemnation, and to let them continue with their high-rise proposal. Thomas Martin, 3620 Emerald, stated that the City is deriving its authority from ORS 227.215, which is a development ordinance, and everything looked in order until he got to the point of City Code 9.668-9.684, which provides only five ways to develop an ordinance or 3/10/80--2 ~ e reshape district boundaries. They are as follows: 1) The owner can instigate the action; 2) if the property consists of more than one lot, 75 percent of all the owners can instigate this action with the Planning Commission; 3) their authorized agent can instigate this action; 4) the Planning Commission can initiate such action through its own resolution; and 5) the City Council can request the Planning Commission to consider the rezoning. He stated that the Planning Department cannot ask for a rezoning of his property because he has not designated them as his agent, and they are not the agent for the City. He stated that, therefore, the City of Eugene has initiated the rezone, and stated that the council had no jurisdiction to conduct this hearing. But, if this due process is being done under the quasi-judicial process from Chapter 183, he would proceed no further. JoLu Roberts, 2775 Friendly, questioned the hearing procedure. She asked for a definition of quasi-judicial. She further asked what type of procedure was being followed under ORS 227.215. Mayor Keller indicated the staff would respond to this following her testimony. She stated that regarding the agenda there were several opportunities for people to speak out in favor of the down-zoning and only one , opportunity to speak against that; she asked to be allowed to rebut any testimony presented at the meeting. She asked how, if no one but staff can rebut, evidence presented can be evenly weighed. Mayor Keller stated that she would not be allowed to rebut presented testi- mony. She stated she has three arguments against the staff application to down-zone. She stated the ordinance hearing is to be just for the laws to lay a foundation, but that the council is adopting its own 1978 resolution into a law on its own motion. She stated that this is not constitutional. She further stated that approximately $1 million is being taken out of the West Blair area to be disbursed elsewhere, according to what she said Susan Smernoff stated at the Whiteaker Community Council meeting. She further stated that to down-zone during a land shortage while annexing land to the city causes the council to put themselves in a bad light. She stated no down-zone should occur. She further stated that the council is passing self- serving resolutions like the Whiteaker Refinement Plan and conducting a quasi-judicial hearing. She requested that the down-zoning at least not occur without leaving a few of their precious dollars on the property owners. There being no further testimony presented, the public hearing was closed. e Susan Smernoff stated in response to Ms. Miller's testimony that it was not the intent of this rezoning to disallow development along alleys in this neighborhood. She stated that many lots are large enough to allow an additional single-family dwelling units to be constructed, or the expansion of a single-family home to a duplex. She felt that this could occur on enough lots that about 40 units could be added to this neighborhood. e 3/10/80--3 In regard to Mr. Scobert's and Ms. Roberts' comments on compensation, she stated that regarding condemnation, there is no automatic fight for compensation as long as some reasonable use remains for the land. tit Jim Farah, Eugene Planning Department, stated this rezoning action, as all rezoning actions in regard to the Whiteakef Refinement Plan, was initiated by the City Council in their adoption of the Whiteaker Refinement Plan. He stated the formal identification of the imple- mentation could be found in Exhibit B of the Whiteaker Refinement Plan. He also stated that in this rezoning action was initiated by the Planning Commission and the procedure then calls for a public hearing; the public hearing is conducted with the staff making anal- yses before the hearing is conducted and this procedure was followed in this instance. Joyce Benjamin, City Attorney's office, stated that the quasi-judicial ordinance is found in the sections of the Eugene Code 2.391-2.400. She stated that this section of the code sets out a detailed procedure for the City Council and the Planning Commission to follow in land changes, for example, planned unit development, and it applies in the proposed change of land use on this property. She also stated that by terms of the quasi-judicial ordinance, the proponent is allowed a rebuttal; in this instance, the City is the proponent. Others are not afforded that opportunity. CB 2082--Authorizing rezoning from R-2 Limited Multiple-Family Residential to R-2/10A Limited Multiple-Family Residential District with a maximum density of ten units per acre for property located west ~ of Polk Street, east of Fillmore Street, north of the alley .., between 4th and 5th avenues, and south of the alley between 3rd and 4th avenues (for tax lots as indicated on Assessor's Map 17-04-25-4 3) Ms. Smith moved, seconded by Mr. Hamel, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of January 22, 1980, be adopted by reference thefeto; that the bills 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 carfied unanimously and the bill was read the second time by council bill number only. Ms. Smith 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 18586. Mr. Delay stated this is the end of the long process. The Whiteaker Refinement Plan was adopted for the total long-range health of the city and the intent of this plan is carried out through this rezoning. He feels it is a positive step for this neighborhood. e 3/10/80--4 ~ CB 2083--Authorizing rezoning from R-2 Limited Multiple-Family Residential to R-2/10A Limited Multiple-Family Residential District with a maximum density of ten units per acre for property located west of Polk Street, east of Fillmore Street, north of the alley between 5th and 6th avenues, and south of the alley between 4th and 5th avenues (for tax lots as indicated on Assessor's Map 17-04-36-1 2) Ms. Smith moved, seconded by Mr. Hamel, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of January 22, 1980, 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. Ms. Smith moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All councilors present voted aye. The bill was declared passed and numbered 18587. CB 2084--Authorizing rezoning from R-2 Limited Multiple-Family Residential to R-2/10A Limited Multiple-Family Residential District with a maximum density of ten units per acre for property located west of Blair Boulevard, east of Polk Street, north of the alley between 4th and 5th avenues, and south of the alley between 3rd and 4th avenues (for tax lots as indicated on Assessor's Map 17-04-25-4 4) e Ms. Smith moved, seconded by Mr. Hamel, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of January 22, 1980, 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. Ms. Smith moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All councilors present voted aye. The bill was declared passed and numbered 18588. CB 2085--Authorizing rezoning from R-2 Limited Multiple-Family Residential to R-2/10A Limited Multiple-Family Residential District with a maximum density of ten units per acre for property located west of Blair Boulevard, east of Polk Street, north of the alley between 5th and 6th avenues, and south of the alley between 4th and 5th avenues (for tax lots as indicated on Assessor1s Map 17-04-36-1 1) e 3/10/80--5 Ms. Smith moved, seconded by Mr. Hamel, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of January 22, 1980, 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. Ms. Smith moved, seconded by Mr. Hamel, that the bill be approved and ,given final passage. Roll call vote. All councilors present voted aye. The bill was declared passed and numbered 18589. CB 2086--Authorizing rezoning from C-2 Community Commercial District to R-2/10A Limited Multiple-Family Residential District with a maximum density of ten units per acre for property located west of Blair Boulevard, east of Polk Street, between 4th and 5th avenues Ms. Smith moved, seconded by Mr. Hamel, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of January 22, 1980, 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. Ms. Smith moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All councilors present ~ voted aye. The bill was declared passed and numbered 18590. ~ 2. Property located east and west of Goodpasture Island Road, gener- ally south of K-Mart and north of the intersection of Valley River Drive and Goodpasture Island Road from County AGT Agricultural, Grazing, and Timber-Raising District to City R-2/PD Limited Multiple-Family Residential District with Planned Unit Development Procedures, R-2 Limited Multiple-Family Residential District, and C-2 Community Commercial District, and application of Outlying Commercial Sign District to property being rezoned commercially. (Willakenzie Island Area II, a portion of Area No.2) (A/Z 79-3) (Map Distributed) Approved by Planning Commission January 28, 1980; vote 4:2 Mr. Henry indicated that the City initiated this zone change in this area and that this is part of the Altucker property. He stated that consideration of an appropriate zone had been referred back to the Planning Commission and was reconsidered January 28. Mr. Henry introduced Mary Briggs, Planning Department, who gave a summary of the action leading to this recommendation. She stated the council had first considered annexation of this area on July 9, 1979, as a portion of Areas 2, 3, and 4, in the second phase of annexation e 3110/80--6 e and rezoning. She stated that a portion of Area 2, which was origi- nally recommended to be changed to R-2/PD, was postponed to August 1979 because acquisition by the Parks Department was not completed at that time. On September 6, 1979, annexation of Areas 2, 3, and 4 was completed by the Lane County Boundary Commission. She further stated that in December 1979 the council considered rezoning of this area but referred it back to the Planning Commission since acquisition of the property containing the gravel pits constituted a change in circumstances. The question of property zoning was then reconsidered by the Planning Commission on January 28, 1980, and they recommended R-2/PD zoning for the area between Goodpasture Island Road and Delta Highway. An R-2 zoning was recommended for the portion of the land that was the Parks Department acquisition; and a zoning of C-2 was recommended for the southernmost tax lot. Mr. Haws noted that a joint meeting with the Planning Commission had been held and he was not in attendance, so he would not participate in this discussion or voting. No ex parte contacts or conflicts of interest were declared by councilors. Staff notes and minutes were entered into the record. Public hearing was held with no testimony presented. The public hearing was closed. e CB 1919--Authorizing rezoning from County AGT Agricultural, Grazing, and Timber-Raising District to City R-2/PD Limited Multiple- Family Residential District with Planned Unit Development Procedures for property located east of Goodpasture Island Road generally south of K-Mart and north of the intersection of Valley River Drive and Goodpasture Island Road Ms. Smith moved, seconded by Mr. Hamel, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of January 28, 1980, 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. Roll call vote. The motion carried unanimously with Councilor Haws abstaining, and the bill was read the second time by council bill number only. Ms. Smith moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All councilors present voted aye, with Council Haws abstaining. The bill was declared passed and numbered 18591. CB 2087--Authorizing rezoning from County AGT Agricultural, Grazing, and Timber-Raising District to City R-2 Limited Multiple- Family Residential District for property located west of Goodpasture Island Road generally south of K-Mart and north of the intersection of Valley River Drive and Goodpasture Island ~~ e 3/10/80--7 Ms. Smith moved, seconded by Mr. Hamel, that findings supporting the rezoning as set forth in Planning Commission staff notes and ... minutes of January 28, 1980, 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. The motion carried unanimously, with Councilor Haws abstaining, and the bill was read the second time by council bill number only. Ms. Smith moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All councilors present voted aye, with Councilor Haws abstaining. The bill was declared passed and numbered 18592. CB 2088--Authorizing rezoning from County AGT Agricultural, Grazing, and Timber-Raising District to City C-2 Community Commercial District and application of Outlying Commercial Sign District for property located west of Goodpasture Island Road generally south of K-Mart and north of the intersection of Valley River Drive and Goodpasture Island Road Ms. Smith moved, seconded by Mr. Hamel, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of January 28, 1980, 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. The motion carried unanimously, with Councilor Haws abstaining, and the bill was read the second time by council bill ... number only. .., Ms. Smith moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All councilors present voted aye, with Councilor Haws abstaining. The bill was declared passed and numbered 18593. B. Establishing Exit-Only Diverter on 49th Avenue East of Willamette Street (Memo and Map Distributed) Mr. Henry stated this item relates to establishing a permanent exit- only.diverter on 49th Avenue east of Willamette Street. He noted the process is to establish diverters such as this on a temporary basis and, after a study, a recommendation is sent to the Manager's Office and approval is given for a permanent diverter. He stated they had notified all property owners and invited them to call the traffic engineer with any questions or concerns and that eight calls and one letter were received, five of which were in favor of the permanent diverter. He distributed materials received and indicated that Irv Berman and Joe Hessler were available to answer any questions. Public hearing was opened. Speaking in favor: e 3/10/80--8 e Bob Rubenstein, stated he lives on East 49th Avenue, just below the crest of the hill. He stated that since a temporary barrier had been installed, there was much less downhill traffic and the traffic that did come through came at a much slower speed. He further noted that this area is a blind drop-off and distributed photos to the council. He stated his concerns regarding the street range from sun blindness for cars going uphill in evenings and sunblindness in the morning for cars coming downhill. He stated that this is a blind corner and it is dangerous for children. Mr. Rubenstein continued that he and his neighbor had both been involved in near accidents while backing out of their driveway due to the blind spots at this corner. He stated if cars are parked on one side the street turns into a one-way street and two cars cannot pass if there are two cars parked on the street. He suggested 48th Avenue as an alternate route as it is 36 feet wide, while 49th Avenue is only 28 feet wide and that 48th Avenue has a six-foot easement on each side. He stated that 48th Avenue is a much straighter street with no hills or curves. He also stated there seems to be little increase in traffic on 48th Avenue. Cars mainly use 49th to cross from 48th to Donald and he would recom- mend 46th, 47th, or 48th as being straighter and better routes. Speaking against the diverter: Ila Cowles, 191 East 48th Avenue, lives right on the curve and noted their house had built before 49th Avenue was built. She also stated that traffic on 48th Avenue has tripled since the temporary diverter had been installed. She also noted that dump trucks were using this street and that she does not like this on her street. She further noted that there are a lot of "hot-rodders" on this street. She stated that people have been "hot-rodding" since 49th Avenue was closed off and it has increased considerably since last year. She stated that there is a small hill up from her house to Willamette Street. She is very much against having this diverter permanently installed. e There being no further testimony presented, public hearing was closed. Ms. Smith noted a concern regarding Ms. Cowles' testimony about increased traffic on 48th Avenue when a staff report indicates a decrease in traffic and she also wanted to know how many cars per day this involves. Joe Hessler, Public Works Department, stated that the count they had done on 48th Avenue showed a drop of 60 cars a day during the 24-hour period. This means there was no appreciable change. Mr. Delay asked if everyone had the same access to the policy of setting up diverters. The response was that that is correct. e 3/10/80--9 Ms. Smith moved, seconded by Mr. Hamel, to recommend installation of a permanent exit-only diverter on 49th Avenue east of Willamett.e Street. _ Mr. Hamel felt the diverter is a "cop-out" to the rest of th comml:nity and that the streets are for everyone. He further stated he \'JrJul d vote against the motion. Mr. Obie asked where the traffic wa~ going if it was not being diverted onto 48th. Mr. Hessler responded that it was either traveling on 46th or getting onto Donald via 32nd Avenue. Ms. Schue stated that these streets are in her ward. if the people in the neighborhood want the diverter, objection to them having it although she is not sure something like this in her neighborhood. Roll call vote; motion carried 6:1, with Mr. Hamel voting no. She feels that she has no she would want II. FINAL ACTION ON RECOMMENDATIONS FROM JOINT PLANNING COMMISSION/ COUNCIL HEARING ON REZONINGS (Z 79-27 and Z 79-28) (Maps Distributed) A. City of Eugene: Cross Place (Z 79-27) Mr. Henry indicated this is for final action on a recommendation regarding the Cross Place rezoning. The Planning Commission vote was split 2:2. The Planning Commission could not come to a decision on whether the area should be rezoned R-1 or RA. RA zoning would allow chickens to be raised for personal use and R-1 zoning would not allow ~ chickens. .. Susan Smernoff indicated that the major issue in this rezoning had been chickens. She also stated this item has been before the City Council and before a joint Planning Commission/City Council hearing in the past. She stated that the area is a part of the implementation for the Whiteaker Refinement Plan and will be part of the low-density area. She indicated staff had recommended R-1 zoning, but there had been considerable opposition from neighborhood residents whose primary interest is to have chickens in that area. Mr. Haws indicated he had missed the joint meeting and would abstain, and would also excuse himself from the meeting unless he would be needed for a quorum. CB 2039--Authorizing rezoning from M-2 Light Industrial District to R-1 Low-Density Residential District and change of sign district from Outlying Commercial District to Residential District for property located west of Polk Avenue between Cross Street and Bailey Street Ms. Smith moved, seconded by Mr. Hamel. that findings supporting the rezoning as set forth in the Planning Department staff notes of November 6, 1979, and the Planning Commission minutes of November 6, 1979, the City Council minutes of December 10, 1979, e 3/10/80--10 e and March la, 1980, and the minutes of the joint Planning Commis- sion/City Council hearing of January 28, 1980, 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. Ms. Miller stated that this was the wrong motion and Ms. Schue stated that she is for chickens and against the motion. Mr. Delay stated he did not attend the joint meeting, but that he had reviewed all the staff information and feels fully qualified to vote on this matter. Roll call vote; motion was defeated 4:2, with Councilors Delay, Hamel, Miller, and Schue voting no; and Councilors Obie and Smith voting aye. Mr. Haws had left the meeting. CB 2039--Authorizing rezoning from M-2 Light Industrial District to RA Suburban Residential District and change of sign district from Outlying Commercial District to Residential District for property located west of Polk Street between Cross Street and Bailey Street e Ms. Smith moved, seconded by Mr. Hamel, that findings supporting the rezoning as set forth in the Planning Department staff notes of November 6, 1979, and the Planning Commission minutes of November 6, 1979, the City Council minutes of December 10, 1979, and March 10, 1980, and the minutes of the joint Planning Commis- sion/City Council hearing of January 28, 1980, 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. Roll call vote; motion carried 5:1, with Councilor Smith voting no. The bill was read the second ti~e by council bill number only. Ms. Smith noted that she is not against chickens but she does not feel they have a place in the city. Ms. Smith moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote; motion carried 5:1, with Councilor Smith voting no. The bill was declared passed and numbered 18594. ' B. City of Eugene: 3rd Avenue (Z 79-28) Property located between Van Buren and Monroe streets, south of 2nd Avenue and north of 4th Avenue, rezoning from M-2 Light Industrial District to R-2/SR Limited Multiple-Family Residential District with Site Review Procedures and change of sign district from Highway-Oriented and Industrial District to Residential District (for tax lots as indicated on Assessor's Maps 17-04-25-4 4 and 17-03-30-3 3), and for propertj located between Van Buren and Monroe streets, south of 2nd Avenue and north of 4th avenue, a change of sign_district from Highway- Oriented District and Industrial District to Residential District (for Tax Lots as indicated on Assessor's Maps 17-04-25-4 4 and 17-03-30-3 3). e 3/10/80--11 Manager stated that the concern with this rezoning is primarily with the single lot (1100). He introduced Susan Smernoff to give the background information. 4It Ms. Smernoff stated that 0" Tax Lot lleO, the one of concerf, t.her; is a single-family dwelling. She stated the property owner to t.~ west of that tax lot, which is Tax Lot 1000, wishes to expand his ~arking onto Tax Lot 1100. He wants Tax Lot 1100 to remain zoned M-2 so he can continue to use it as a parking lot although he does not own this tax lot. . CB 2040--Authorizing rezoning from M-2 Light Industrial District to R-2/SR Limited Multiple-Family Residential District with Site Review Procedures, and a change of sign district from Highway- Oriented and Industrial District to Residential District for property located between Van Burn and Monroe streets, south of 2nd Avenue, north of 4th Avenue Ms. Smith moved, seconded by Mr. Hamel, that findings supporting the rezoning as set forth in Planning Department staff notes of November 6, 1979, and as modified in the Planning Commission minutes of November 6, 1979; the Planning Commission minutes of Novemer 6, 1979; and the minutes of the joint Planning Commission/ City Council hearing of January 28, 1980, 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. Mr. Obie asked if that council bill exempts Tax Lot 1100 and Mr. Henry ~. responded that it does. Mr. Delay stated that although he had not attended the joint meeting, he had reviewed all of the information and felt fully qualified to vote on this matter. Roll call vote; motion carried unanimously, and the bill was read the second time by council bill number only. Ms. Smith moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All councilors present voted aye. The bill was declared passed and numbered 18595. CB 2041--Authorizing a change of sign district from Highway-Oriented and Industrial District to Residential District for property located between Van Buren and Monroe streets, south of 2nd Avenue, north of 4th Avenue Ms. Smith moved, seconded by Mr. Hamel, that findings supporting the rezoning as set forth in Planning Commission staff notes and minutes of November 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. e 3/10/80--12 , Mr. Delay indicated that although he not attended the joint meeting, he had reviewed all of the information and felt fully qualified to vote on this matter. Roll call vote; motion carried unanimously, and the bill was read the second time by council bill number only. Ms. Smith moved, seconded by Mr. Hamel, that the bill be approved and given final passage. Roll call vote. All councilors present voted aye. The bill was declared passed and numbered 18596. III. ORDINANCES FOR FIRST READING CB 2089--Levying assessments for paving, sanitary sewer, storm sewer, and pedestrian way in Bowmont Street from 400 feet south of Highland Oaks Drive to 100 feet south of Highland Oaks Drive; and within Horizon West Subdivision; and sanitary sewer in Bowmont Street from Highland Oaks Drive to 400 feet southwest of Highland Oaks Drive (78-60) Ms. Smith moved, seconded by Mr. Hamel, that the bill be read the first time and referred to Hearings Panel for hearing March 17, 1980, with panel recommendations to be brought back for council consideration on March 24, 1980. Roll call vote; motion carried unanimously. e CB 2090--Levying assessments for paving, sanitary sewer, storm sewer, and pedestrian way within McClarey Plat First Addition (79-02) Ms. Smith moved, seconded by Mr. Hamel, that the bill be read the first time and referred to Hearings Panel for hearing March 17, 1980, with panel recommendations to be brought back for council consideration on March 24, 1980. Roll call vote; motion carried unanimously. CB 2091--Levying assessments for 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 5th Avenue (79-03) Ms. Smith moved, seconded by Mr. Hamel, that the bill be read the first time and referred to Hearings Panel for hearing March 17, 1980, with panel recommendations to be brought back for council consideration on March 24, 1980. Roll call vote; motion carried unanimously. CB 2092--Levying assessments for paving, sanitary sewer, and storm sewer in Bradley Drive adjacent to Wilkes Plat from 450 feet north of Bond Lane to Bond Lane; and storm sewer construction within Wilkes Plat (79-12) e 3/10/80--13 Ms. Smith moved, seconded by Mr. Hamel, that the bill be read the first time and referred to Hearings Panel for hearing March 17, .- 1980, with panel recommendations to be brought back for council consideration on March 24, 1980. Roll call vote; motion cart ied unanimously. CB 2093--Levying assessments for paving Broadview Street from Hawkins Heights Boulevard to Sunrise Boulevard (79-16) Ms. Smith moved, seconded by Mr. Hamel, that the bill be read the first time and referred to Hearings Panel for hearing March 17, 1980, with panel recommendations to be brought back for council consideration on March 24, 1980. Roll call vote; motion carried unanimously. CB 2094--Levying assessments for sidewalk for east side of Bailey Hill Road from West Leigh Street to Warren Avenue; and on Warren Avenue from Bailey Hill Road to Timberline Drive; and on Timberline Drive from Warren Avenue to Wilshire Lane (79-17) , Ms. Smith moved, seconded by Mr. Hamel, that the bill be read the first time and referred to Hearings Panel for hearing March 17, 1980, with panel recommendations to be brought back for council consideration on March 24, 1980. Roll call vote; motion carried unanimously. CB 2095--Levying assessments for paving on North Grand Street from Polk Court (extended) to Cheshire Street (extended) (79-47) 4It Ms. Smith moved, seconded by Mr. Hamel, that the bill be read the first time and referred to Hearings Panel for hearing March 17, 1980, with panel recommendations to be brought back for council consideration on March 24, 1980. Roll call vote; motion carried unanimously. CB 2096--Levying assessments for storm sewer on Bonnie View Drive from Cheryl Street to 120 feet east of Sarah Lane (79-56) Ms. Smith moved, seconded by Mr. Hamel, that the bill be read the first time and referred to Hearings Panel for hearing March 17, 1980, with panel recommendations to be brought back for council consideration on March 24, 1980. Roll call vote; motion carried unanimously. CB 2097--Levying assessments for sanitary sewer on Coburg Road from Crescent Avenue to Kinney Loop (79-62) Ms. Smith moved, seconded by Mr. Hamel, that the bill be read the first time and referred to Hearings Panel for hearing March 17, 1980, with panel recommendations to be brought back for council consideration on March 24, 1980. Roll call vote; motion carried unanimously. e 3/10/80--14 .. . IV. PAYMENT OF BILLS, CLAIMS, AND PROGRESS PAYMENTS Res. No. 3325--Authorizing payment of bills, claims, and progress payments for the period February 25, 1980, through March 10, 1980. Ms. Smith moved, seconded by Mr. Hamel, to adopt the resolution. Roll call vote; motion carried unanimously. V. ANNOUNCEMENT Mr. Henry announced that charter amendment and tax base figure information had been distributed for consideration by the council March 12, 1980. Upon motion duly made, seconded, and approved, the meeting was adjourned to March 12, 1980. Respectfully submitted, ~d'L-- Donald Allen .Adting City Manager (Recorded by Lynda Nelson) 4It LN:so/CM27a20 e 3/10/80--15