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SP 76-13PllY SUNMRW SET QTY OF FRMLEY, 1UIlRSDT1 ADDRESS AMID LEGAL DES( ap ION: 50 70 , z1 OEWCONTRAC'T PURCHASER: CDNSi'ROCTION DATE: ADDITIONS: CERTIFICATE OF OCCUPANCY ISSUED: YES NO DATE A. ZCNIM ACTION: ORDI?QWE ND: B. SPECIAL USE PERMIT (S) : %�'l3 �.� ✓,j C. IAT SPLIT (S) : # D. VACATIONS) : # ORDINA?= ND: E. VARIANCES APPEALS COMMISSION: APPROVED DISAPPROVED DATE ND. CITY COUNCIL: APPROVED DISAPPROVED DATE ND. F. EASEHF M: REQ' D DEPT RFI;' D Bikeway/walkway Street right-of-way Utility Drainage Alley Other (Specify) G. LICENSE(S) (List): Date of Renewal: S. STIPULATIONS (List): DATE REQUIRED DATE COMPLETED I. MISCELLANEOUS: • � 155 . 1 REGULAR COUNCIL MEETING OF SEPTEMBER 27, 1976 Page 3 NEW BUSINESS: CONSIDERATION OF VACATION REQUEST, STREET AND ALLEY VACATION SAV #76-04, BY KAREN MESROBIAN; UNIMPROVED ALLEY BETWEEN LIBERTY ST. AND ELY STREET. Mr. Tom Colbert, Assistant Engineer, stated that this was a request to vacate an alley bounded by Liberty Street, Ely Street, Ruth Street, and Ashton Avenue. At the Planning Commission's meeting of July 14, 1976 a motion to deny the vacation request failed to pass by a tie vote; and therefore, was brought to the Council's attention with no recommendation from the Planning Commission. Mr. Tom Geddy, City Attorney's office, stated that in his opinion if it is just a question of an access to a vacant back yard, it would probably be very marginal as to whether or not one could collect damages from the City. However, if the alley is being used to get to the garages and the garages cannot be reached from the street in front of the houses, the City could be liable for damages to the particular property owners involved. Councilman Fitzpatrick then commented that in reading over the minutes befcre the Planning Commission and the hearing that was had before the Council and the letters that were received, he was convinced that a number of people use the access in question and it was in existence as such when they arranged their habits as far as access to their property. MOTION by Councilman Fitzpatrick to deny the petition to vacate the alley. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 8, 1976: GORDON ASPENSON, ZONING ORDINANCE AMENDMENT ZOA #7f-04; 6500 211D ST. N.E.: MOTION by Councilman Hamernik to set the public hearinn for November 8, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all votinn aye, Mayor flee declared the motion carried unanimously. j Councilman Hamernik asked Mr. Asoenson if he had any questions, and he did not. Councilman Hamernik also asked if he was aware of the public hearinn set for November 8, and he was aware of such hearinn. KENNETH BELKHOLM, SPECIAL USE PERMIT SP #76-13, 5870 6TH STREET: Mr. Tom Colbert, Assistant Engineer, stated that this was a request for a special use permit for a second accessory buildina located at 5870 6th Street. This request was before the Planninn Commission on September 8, 1976 and it was approved by them. Mr. Belkholm was in attendance however, he did not have any questions regarding this. MOTION by Councilman Hamernik to concur with the recommendation of the Planning l Commission and grant the special use permit. Seconded by Councilwoman Kukowski. Upon .a voice vete, all voting aye, Mayor flee declared the motion carried unanimously. FINE ARTS COMMITTEE REQUEST FOR $1,000: Ms. Jan Konzak, Administrative Assistant, stated that as the budget presently stands, there is $3,000 provided in Community Development for community service needs, and $5,000 provided in Parks and Recreation for recreational/cultural needs; neither figure has been delineated. She further stated that the recommendation for $1,000 Fine Arts funding came from the Human Resources Commission and was approved by the Planning Commission. The Human Resources Commission discussed priorities for community needs by using the $10,000 finure to break into percentanes. They also did discuss the $1,000 for Fine Arts and, the Planninn Commission recommended that. Councilman Starwalt stated that the recommendation did not come from the Parks and Recreation Commission, and he believe that they should be involved in discussion on this request. Councilman Fitzpatrick stated that he.was in favor -of the $1,000 being provided from wherever the Administration recommends. Mayor flee asked if there was a need to identify it as a line item and Ms. Konzak responded that she believed there was since it is just $5,000 that has been set aside within that budget with no certain area earmarked. MOTION by Councilman Starwalt that a line item be established in the Parks and Recreation budget for Fine Arts in the amount of °1,000. Seconded by Councilman Hamernik. Upon a voice vote, all votinn aye, Mavor flee declared the motion carried unanimously. ` 156 REGULAR COUNCIL MEETING OF SEPTEMBER 27, 1976 Page 4 ' DFL REQUEST FOR USE OF COMMONS PARK ON OCTOBER 23, 1976: Mr. Marvin Brunsell said that he had received a call and this request had been withdrawn. MOTION by Councilwoman Kukowski to concur with the request for withdrawal. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Kukowski to receive the minutes of the Planning Commission meeting of. September 8, 1976. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE POLICE CIVIL SERVICE COMMISSION MEETING OF SEPTEMBER 15, 1976: MOTION by Councilwoman Kukowski to receive the winutes of the Police Commission. Seconded by Councilman Hamernik. Upon a voice vote, all votinn aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF SEPTEMBER 20, 1976 REGARDING MOTION by Councilman Fitzpatrick to receive the minutes of the Charter Commission meeting of September 20, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to set a public hearing for October 18, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the notion carried unanimously. CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR THE TREATMENT AND RD10VAL OF TREES (1976): MOTION by Councilwoman Kukowski to table consideration of the resolution until the next regular meeting of October 4, 1976. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 99-1976 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PART OF LOT 4, BLOCK 2, PARCEL 50, EAST RANCH ESTATES 2ND ADDITION: MOTION by Councilman Starwalt to adopt Resolution No. 99-1976. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION 110. 100-1976 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS MOTION by Councilman Fitzpatrick to adopt Resolution No. 100-1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Hamernik to pay the Claim No's. 16837 - 17076. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilwoman Kukowski to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman-Starwalt. Upon a voice vote, all voting aye, Mayor flee declared the motion carried unanimously. Councilman Hamernik asked if a license has been issued with regard to A & B Chuck Wagon, and Mr. Brunsell responded that he was not certain whether one had been issued.