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06/14/1976 Meeting
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06/14/1976 Meeting
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City Council Minutes
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6/14/1976
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<br /> p,Wl';r $MllT;.".'( H'~.n. ~T(~n}l 5-:'~R /) f~.or5B-I^N L.'AY: <br /> 1. \.Ilttl1n Coralr P..~k Su~divlslon and saoltary <br /> scwar a,..d .torl"'l .el,'er to serve prnpl!rt;.' w1tnin <br /> HO hu o[ the U'lit bound..ry 01 Couly P.\rk <br /> $ubdiY1lion (l2JR) <br /> "'i5le "In At.Tf.!l!-lATP. ,un <br /> I. L.'lldtlh C:onstrllctlon COltlp..nr.. .......$60.0dll.21...........,$H.6UI.OO... ..............28. P.v......SJ2.90/rr...... ..5tor. ..ver..f14.0S0.00....I)..or. <br />- 2. H 6. J Construction CO.,I'..ny............$~1.t-l!5.16......."...S62.l!n.40 San. l....t.....$ D..6S/SF <br /> 3. Ken Bosticw. Construction CO~r"any......No Illd................$61.182.85 Sa". Sl!rv.. .StH.OOtCA <br /> '. Eurc\'ll S.nd E. Cr.lvl!l. Inc.............tlo Bld................$66,521.89 Stann Sevn.S2.115.00/Lot <br /> ,. Dan Alllup Contru:tor. InC',...........~o Bid................$72.0a.81 Peel. Way.... $ 120. aD/Lot <br /> C0!1PL.~T10:1 C^Tt: Scptll'lber 15. 1916 <br /> .-.... <br /> 5TtQ.t sr.-r.ll:: <br /> 4t. ael\.-een CIlta I!lGhw.y and Horllentle !toad <br /> froo Grrcn Acr.. Road to 1I011y Strut (12H) <br /> 1. Ken "o.tlck Conatructton C.)fflpan)'..... .$lt.:\~O.lO............,... .........,.......,... ....,a60.00/Lot.. ..,..................... .0.................. ,. .0.. <br /> 1. Wlltil.,h Cor.~lructlnn Crllnr.\ny..........Sll.1n.OO <br /> ,. [,:er.ld f.xclIvUlna and Conuructlon,..$12.048.60 <br /> 4. tu[cne S..nd 6. Cr.ve1. tr.c.............$12.0)?90 <br /> ~. P." Allllul' Conlfllctor. Inc,........."SI2.H2.19 <br /> 6. J.". Itlll............................ .$12.847."1 <br /> 1. ~or.., Grcen Ind 50n'...................$I].103.10 <br /> a. H ll. J Conuructlon COl'llp.ny............$ll.151.00 <br /> ,. L.D. VanOver Constnu:tloQ IQc.....,...SlS."'~6.46 <br /> COKPLCTION DATll AUluU 1. 197' <br /> Don Allen, public works director, reviewed the bids. Contract award was recollllllcnded <br /> to the low hidder 011 each of the projects, with No. il - storm sewer he tween Delta <br /> and Norkenzie, Green Acres to Holly - awarded subject to :Jpproval of the developer. <br /> Public hearing was opened. <br /> .Jim Smi th, 1322~ Waite Street, inquired about the 12% that was not included in the <br /> petition and about the assessment for the street behind his property on No. 3 - paving <br /> and sewers III Coraly Park Subdivision. Mr. Allen answered that only the property on <br /> Bertelsen which had not been assessed previously for sewer services would be included <br /> 1n this proj ect. <br />- Public hearing was closed there being no further testimony presented. <br /> Mr. Keller moved seconded by Mr. Haws to award contracts to the low bidders on <br /> each project as re commended. Roll call vote. Motion carried, all Council <br /> membe rs present voting aye. <br />II - Adoption of findings supporting denial of rezoning area at 19th and Jefferson - <br /> From R-l to C-l (LICO Corporation)(Z 75-18) <br /> Denied by the Planning Commission January 6, 1976 on a 3:3 vote. Council , after <br /> public hearing, voted May 24, 1976 to deny the rezoning and requested preparation <br /> of negative findings. Staff has prepared findings and distributed to Council at <br /> this meeting. <br /> Ed 0' Reilly, 1358 Oak Street, attorney representing the applicants, took the position <br /> that the Council could not act on the issue in its present form, that the Council was <br /> making findings without a hearing with respect to areas of neighborhood commercial <br /> uses and with respect to the General Plan. He said whatever position the Council took <br /> would be contrary to ordinance and statutory provisions on matters of public hearing. <br /> Stan Long, assistant city attorney, responded that the Council was technically in a <br /> deliberation stage, that the applicant has the burden of proof. The applicant, he <br /> said, was permitted in extensive public hearings before both the Planning Commission <br /> and the Counei 1 to present whatever evidence he felt necessary in resolution of teh <br /> issue. Mr. Long said there was no legal reason that would preclude the Council's <br />- concluding the matter at this time. It has the option to adopt the negative findings, <br /> reject them, or modify them in whatever way felt necessary to fit the evidence pre- <br /> sented and make a decision in accordance therewith. <br /> 6/14/76 - 9 <br /> ~96 <br />
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