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MINUTES of THE MEETING of THE CITY COUNCIL December 22, 1980 CALL TO ORDER - PLEDGE TO THE FLAG Mayor Kenneth Mercer called the Adjourned Regular Meeting of the City Council to order at 8:00 P.M., and then led the Pledge of Allegiance to the flag. ROLL CALL Deputy City Clerk Doris George called the roll which is recorded as follows: Councilmembers Butler, Kephart, Mohr, Wood, and Mayor Mercer were present. Mr. Walker, City Manager, Mr. Levine, City Attorney, Mr. Warnick, Director of Public Works and Utilities, and Mr. Swift, Assistant to the City Attorney, were present. GRAVEL TRUCK REGULATIONS REDUCING WEIGHT LIMITATION ON TRUCK ROUTE Mayor Mercer stated it was now in order for final testimony regarding this matter and opened the public hearing on this item. The following persons spoke on behalf of the gravel companies: Mr. Ed Regalia, Attorney representing Kaiser Sand and Gravel, stated that he would like to incorporate into the record all correspondence already transmitted to the City relative to this item. He reiterated Kaiser's position that the supplemental Environmental Impact Report does not respond to the concerns raised by Kaiser relative to alternate routes and that it violates the rights of Kaiser. He stated that any certification of the supplemental EIR will be indiscretionary and his client will challange with an appropriate law suit. Mr. Burke Critchfield, Attorney representing Rhodes and Jamieson, stated he concurred with Mr. Regalia, and added that it will be unfortunate if the ordinance is adopted; the City should expect an expensive and lengthy lawsuit if it passes the ordinance. He urged Council not to adopt the ordinance and to attempt further to work out amicable settlement. The following persons spoke on behalf of the public: Peter Googins, resident of Mission Park and spokesperson for ROAR (Residents Organized for Alternate Routing), stated he supported passage of the ordinance, and urged a unanimous Council vote in favor of it. Mr. Bill Struthers, resident of Rosepointe, stated the Council should not be intimidated by threats of law suits by the gravel companies but should act in the best interests of the City, and passage of the proposed ordinance will set the stage for the community to seek Federal and State aid to solve a regional problem. tte added the ordinance will move things along. There being no further testimony, Mayor Mercer declared the public hearing closed. Councilmember Mohr stated she had reviewed the supplemental Environmental Impact Report in depth and felt it was properly prepared and that any adverse environmental measures that could not be mitigated had overriding considerations.