PROJ00182 - Laserfiche WebLink

Home Browse Search

""AOFO..O PUBl.'$H,NG co. RECORD OF PROCEEDINGS Board of Trustees March 14, 1984 Page 3 wou,~"d not cause circulation problems within the phases. Grant said there should be recreational facilities in both phaseS if they are isolated from each other. Liston agreed that would be appropriate. There was further discussion of the proposed highway bypaSs. Kerst said he understood the Highway Dept has begun the appraisal process but they have made no offer on the Hyde property. He said to allow a late date letter from the Highway Dept. to influence the Board's thinking about this project would be a significant change in their position that the Highway Dept. 's inactions would not be a factor in approval or denial of the project. Attorney Nick Goluba said the Highway bypass is not a proper consideration for the Board, that it violates the property owner's constitutional rights. He said when Tucker bought the property, the highway aligllrne~t was no where near the property and. the letter indicates the Dept. doe6 not yet have the necessary funding. He said the Attorney General would fallout of his chair if he read the letter. Grant said his main concern is not that the highway might bisect the project but what the project will loOk like if it happens and that there would be nO recourse to change the project once approved. Both Kerst and Lewis thought that economic considerations would dictate a need to re-do the project in the event the highway is built. Klenck noted that Phase II still has to come back for both preliminary ~nd final plats. Ted Guy said the highway ~lignment is specific, not nebulous, has been since August 1983 and he has been contacted by the Highway Dept. appraiser. Milwid said he prepared two documents for the 'Board's consideration: an ordinance approving the Amended" Master Plan with conditions and a Resolution approving the preliminary plan and plat for Phase I with conditions. He read the ordinance. Trustee Darien moved to approve Ordinance No.2, Series of 1984, AN ORDINANCE APPROVING THE AllENDED PUD MASTER PLAN OF THAT CERTAIN REAL .PROPERTY KNOWN AS HYDE PARK. Second by Klenck, Roll call vote: Terwil- liger, no; Klenck, aye; Grant, ayej Host, aye; carney, aye; Darien, aye; Bail', no. The motion oarried 5 to 2. Milwid then read the Resolution. It was agreed t~at staff should review and determine the desireability of the street layout that the map presented that night to the Board be incorporated in the F~nal Plat for Phase I and that the developer should propose acceptable recreational facilities adequate to serve all residents of the project a~ a component of Phase I Final Plat approval." With those conditions as well as those recommended by P&Z, Trustee Carney moved to approve Resolution ~o. 2, Series of 1984, A RESOLUTION APPROVING WITH CERTAIN CONDITIONS TilE PRELIMINARY PLAN FOR PHASE I OF THE HYDE PARK PUD AND APPROVING WITH CERTAIN CONDITIONS THE PRELIMINARY PLAT FOR PHASE I OF THE HYDE PARK PUP. Second by Darien. Roll call vote: Bail', no; Darien, aye; Carney, aye; Host, aye; Klenck, aye; Grant, aye; Terwilliger, no. The motion carried S to 2. Trustee Grant moved jor a 5 minutes recess. Seco~d by Terwilliger; all ayes. Following the recess Trustee Carney moved to retvrn to regular session. Second by Darien; all ayes. ORDINANCE ALLOWING ELECTION TO BE CANCELLED Milwid said that there are currently 3 candidates for the 3 positions up for election this coming April 3rd. The law allowS the Board to enact an ordinance requir~ng affidavits of intent from candidates who wish to run as write-ins. In the same ordinance the Board may provide for the cancellation of an election. This would save the town some money. If there are write- in candidates who file by the Friday prior to the election, the election must still be held. If there are no write-ins, the Board could call for a special meeting that Friday and declare the nominees elected and cancel the election. Coble explained that the affidavit assures that write-in candidates are qualified and willing to serve if elected. Milwid said the ordinance needs to be passed as an emergency ordinance in order to work for this election. Trustee Klenck moved to adopt Ordinance No.3, Series of 1984, AN ORDINANCE ENACTED PURSUANT TO C.R.S. 31-10-106 REQUIRING WRITE-IN CANDIDATES FOR MUNICIPAL OFFICE TO FILE AN AFFIDAVIT OF INTENT FIVE DAYS PRIOR TO THE ELECTION AND, PURSUANT TO C.R.S, 31-10-507 ALLOWING THE BOARD OF TRUSTEES TO CANCEL THE MUNICIPAL ELECTION AND DECLARING AN EMERGENCY, Second by Carney. Roll call vote: Bail', aye; Darien, aye; carney. aye; Host, aye; Grant, aye; Klenck, aye; Terwilliger, abstain.