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Approved Minutes - 1971-02-16n ‘*’ ‘- ’ :’ 3. ~ ) The regular meeting of $ho Counoil of the &ty of Lako Present UJOD~ Aoting Mayor Cook, Counoilmon Dent, Smith,‘City Manager Deane Seeger , City Attorney ,,De .Haaa and Mahoney, end Reoorder Helen BPeh, absent from the City, The invocation w&s offered by Mr. Cook. Minutes of the February 2nd regular Council meeting were approicid is mailed. PUBLIC HEARINGS Public hearing on proposed formation of LID No, 129 (Collins UJay Sewera). ;. There were ng ore1 remonstrances, Written remonstrance from A, 0, Dbrit.y, Jr, wae recorded. The public hearing was cloeed, ,‘J,, R6iolution fdrming district end authorizing bid oall was read, Moved by Councilman Dent; eeconded by Councilman Needham that the resqlution” . . . be adopted, Motion passed unanimouely, ._ ,Publlc hearing on proposed formation of LID No, 131 (Colline Way Street Impr,,) ‘I There tiere no Drel remonetranoee. Witten remonstranoe from AIDI Dority, Jr. was yecorded,. The public hearing was olooed, ‘1 I I, Resolution forming dietriot, and authorizing bid oall was reed, Movsd by Councilman, Knowleej’ seconded by Councilman Smith that the reeoiution .r be adopted, Motion passed unanimously, < l Public hearing’& propoeed formation of F-10 No, 132 (Collins UJey Water Impro,) :- ’ There were no oral remonetrancee. wae recorded, Written iemonetranoo from,,A,D, Dorlty, Jr.’ 3 The public hearing wae, closed, Resolution forming dietriot,.and authorizing bid o+l wa8 read, * ’ ,, .I I2 , . . Moved by Councilman Dent; seconded by Counoilman Needham that the reeolutioc be adopted. Motion paseed unanimously, . I Public hearing on oppeal:of James Ul, Durham, Jr, P r;6m Plan&$ Ccmm$ssion denial of a lot depth variance on Lot 449, Lake View i!illae No, 5, : .I !‘,/ Mr. Durham epoke in.his ouln behalf, etating tiie contention that the Planning , Commiaoion aotsd in error and over the reoommondation of eteff, Mr., Durham explained hie poeition in detail end requeetod Counoil ooneidqration of-the '- matter. The public hearing was oloaed, .’ .+ i/ * : ii ~‘,,‘J ., Counoilmsn Coodoll presorited her ‘view on the matter and mcv1.d that, the &ppek 11’ be granted. Mdtion failed for lack of a soccnd,':'. J , '-i ;/ /I Mr. Seoger askod the City Attorney ,to exproea hie opinion ii\ thia case. Mr', Cox said he felt At ie an unwise procedure to coneider thia!\variande without ’ knowing Ivhat,building is to bo proposed. If the pro58nt Va$ienco i8 grantd, there could be further variances nacessary at a later dete:/ He rscommended that tho application be remanded to the Planning Commiaaion(for consideration of whatever vnriancea might bo necessary at the time Mr. Durham submite e plot plan indicating the placement of the proposed struotura. The recommen- * _, dationmst with the approval of the Council members and the appellant; Moved by Councilman Smith] seconded by Councilman Nsedham that the petition bo returned to the Planning Commission, Motion paeeed unanimously, . R&PORTS OF COMMITTEES I. 1) Report of Council Committee of The Whole re’i i %i a) Adoption of Ordinance No. b) Adoption of Ordinance No: 1419 (Municipal Court procedures)‘. .I ...'. . > c) Tree brdinanoes; 1418 (Mountain Park Phase V-A),., : d) Special election - (Rsport ettachsd). J-year levy for public safety; '. i\ I' . Moved by Councilman Needham; seconded by Councilman Good811 that the report be I received, MCtiOn passed UIIanhOU8ly'. REPORTS Of OFfICERS / I . 1) Cngineer’s report on proposed aeeessmenta for LID 125 (Rainbow.Terrace Sewer), Resolution setting a date for public hearing on levying of,aaseasmenta - LID 125. ” Moved by Councilman,Smith; seconded by Cou,noilman‘kno~les that the reac&ution-be adopted. Motion pa88od unanimously, 2) Engineer’8 report on proposed aeeeaamenta, for LiD 128 (Berwiok Road Sewers). ) Resolution setting a date for public hearing on levying of aaseaamente in LID 128.' Moved by Councilman Knoilss* , seconded by Counoilman Goodall that the rsao.iution be adopted. Motion paased unanimously. 3) Engineer’8 report on proposed formation of LID.133 (Upper Drive Sewese), .: ? ., .’ , Resolution accepting report end setting a date for publio”hearing .on formation - I of district. Moved by Councilman Knowlea; ascon'ded‘by ,Counoilman Dent that the resolutibn ’ be adoptod. Motion passed unanimously, _’ *. I i. .; 4) Two aaaemonta to bii spprovad for racordinp-W.0, 1628 (LOS;,Chur?$ Seu$&), ,I i s ‘, Moved by Councilman Needham; seoonded' by Counoilman”Gocdal1 -that’.%; easements be approved for reoording, Motion paaeed-unanimously, .., , '1 '. I .I ORDINANCES ,j/ '\ i ; /. iL ', .', z 1)" ORDINANCE NO. 1419 L AN ORDINANCE A~~ENDINC PROCEDURES FOR ,J$Y SELECTION IN mwcwAL TRIALS AND KMENDING GENEHAL PENALTY pg0~fsr0~s I,N+OC 13.020, AND DECLARING AN EMERGENCY - having been prepoeted, was read co& the first time by ti’tle’only-,’ ::I.: ,,> :I I moved by Councilman Needham; sekonded'by Councilman Dent 'th$Jt the ordinance b8 read the second time by title only. Motion passed unani([oualy, Ordinance No. 1419 was read for the second time by title .only and, up6,n roll c,all vote; was unanimously adopted. . ORDINANCE NO. 141; - . 2) AN ORDINANCE RE-ENACTING ORDINANCE NO, ,1411, AMENDING " SECTIONS 6 THROUGH 8 THEREOF, AND ADOPTING FINAL 6EVELOPMENl; PLANS FOR ' PHASE V-A OF'MOUNTAIN PARK PLANNED UNIT DEVELOPRlEtiT AS HEREIN AMENDED AND DESCR IE&D - having been prepoeted, was read for the first time by title only. 6’ Moved dy Couticilman Smith; seconded by. Councilman Coodall that thti drdinance .) be read the 6econd time by title only, Motion passed Gnanimous1y. Ordinance No. 1418 was read the second time by title only..end, upon roll call vo4e,\,wae :‘- unanimously aidopted. ,, ‘I ,3) ORDINANCE NO.! 1420 - AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY Of -- LAKE"OSUIECOI SUBMITTING TO THE VOTfRS AT SAID ELECTION THE QUESfION Of AUVHO-' RIZING THE CITY COUNCIL TO LEVY A TAX TO FUNO~PUBLIC SAFETY IMPkOVEMENTS; PROVIDING A SALLOT TITLE UNOER UJHICH SAIO PROPOSAL SHALL I$ SUShlITTED; PROVIO- ING FOR NOTICE OF ELECTION, APPOINTMENT OF CLERKS ANti OTHER MATTERS'PERTAINING THERETO, AND DECLARING AN EmERGENCY - was pad. for the' first time in its entirety, ‘I ‘-, Following di8CUssiOn 8bout.a date for the election, it was kovsd by Councjlman Noodham; seconded by Councilman Knowles that the date of March 16, 1971 be approved. motion PaRsOd unenimou8ly. Moved by Councilman Knowles ; seconded by Councilman Goodall;$hat the ordinanoe be iead, the e'econd ‘time by title only, Motion paseed .iJnanimoua~~y.~., .&diqan& . No. 1420 was read for the second timB.by title onl,y and; upon rc,ll call vote,, was unanimously adopted. UNFINISHED WSiNESS ,:; . . . . 1) The City Manager informe’d Council that 'an appeal has’ been filqd to, the. Board of Commiasioriere by Klineline Sand and Gravel' Co, Hearing date has. been as& for March 17th. ..I .> 2) Mr. Abraham announced thEit utork has begun on the State Street eign~$s and that till the signale.are scheduled to be in and operating before school starts in .“/ the fall. ,, . 'ORAL COMhlUNICAT IONS FROM THE AUOIENC-E . . 1) Mrs. Mary Neely, president of th,e League of,Ufomen Voters, requested thatr'a pub- lic hoaring be held ‘on the., tree ordinance when prepared, Mr. Seegqr advised . . that Raid ordinano8 ehould be ready within thirty days and that notification Co’piea will be sent to the League a8 86on 'a8 . .> -w/L :,; City ,Reborder - ~ ;,