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RECESS with all Councilmen present. At 9:45 P.M. Mayor Garthe declared a recess; the meeting reconvened at 9:55 P.M. PUBLIC HEARING - APPEAL NO. 354 Mayor Garthe announced VA 75-46 - J. OGDEN MARKEL, that because proper APPELLANT - CONTINUED legal notices had not been made, Staff re- commended that the matter of Appeal No. 354 on Variance Application 75-46 be continued to January 19, 1976 at 7:30 P.M. which was so moved by Councilman Ward, seconded by Councilman Evans and carried (7:0) unanimously. CA 13.3 PUBLIC HEARING - VACATION Mayor Garthe announced HELIOTROPE DR. NORTH OF 17TH that this was the time ADOPTED RESOLUTION 76-9 and place for the public hearing of the vacation of a portion of Heliotrope Drive north of 17th Street. Ronald Wolford, Public Works Director, stated that the Planning Commission had recommended the abandonment; that the construc- tion of a wall upon the street right of way now proposed to be abandoned was accomplished through a petition of property owners on Heliotrope in order to provide a physical separation between commercial property on 17th and residential property on Heliotrope; that the Planning Commission approved the block wall project, plans were prepared by the City Staff, and in 1969 construction was undertaken by the property owners with their funds; that the wall built provides a total separation, both vehicular and pedestrian; and that closure of this street conforms to modern traffic design because it eliminates one busy intersection from 17th Street. The following persons spoke in opposition to the proposed street vacation: Warren Henningsgard, Lawton School, 17th & Heliotrope Margaret Logush, 1710 North Heliotrope James P. Murphy, co-owner of 701-707 W. 17th Street Richard Marshall, owner of 617-619 and 623 W. 17th Jan Boer, 912 North Lowell The opponents of the proposed vacation stated that they had a basic right to drive up and down Heliotrope; that this right had been taken away; that the City is merely getting rid of liability; that the wall prohibits speedy dispatch of emergency vehicles; that the property values of the properties south of the wall have been depressed and that it is difficult to lease the commercial property; and that the wall is a public nuisance. In addition, Mr. Marshall suggested that the speeding problem along Heliotrope could have been solved by a speed limit sign or it could have been made a one-way street. Mrs. Boer stated that the wall was erected as a special favor to certain property owners and that she would like her street cul-de-saced. CITY COUNCIL MINUTES 17 JANUARY 5, 1976