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""AOf"OI!O PU13L'SH'N" co. RECORD OF PROCEEDINGS --.--.---. _..__._---~..,- __.._________...r--- Board of Trustce~ March 1<1, 1984 Page 3 wOH,~.d not cause circulation problems \'.;i thi n the pl1ase~. Grant said there should be recreational facilities in both phases if they arc isolated from each other. Liston agreed tllut wo~ld be ullpropriate. Tllere was further discussion of the proposed hJghway 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 lett0l" [rom 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. lIe said when Tucker bought the property, the highway alignme~t was no where near the property and the letter indicat.e~ the Dept. doe~ not yet have the necessary funding. He said the Attorney Genoral would fallout of 11is cllair if he read the letter. Grant said his main concern is not that the hjghway 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 appI.oved. Both Kerst and Lewis thought that economic considerations would dictate a need to re-do the project in the event the Ilighway is built. Klenck Iloted that Phase II still has to come back [or both preliminary Ulld fin:11 viats. Ted Guy said the highway alignment is specific, not nebulous, has been since August 1983 and he has been contacted by the IIighway Dept. appraiser. Milwid said he prepared two documents for the llcllrd's COllsideration: un ordinance .approving the Amended Master Plan with conditions and a Resolutiu approving the preliminary plan and plat for Pl13Se 1 with conditions. lIe read the ordinance. Trustee Darien moved to approve Ordillnnce No.2, Series of 1984, AN ORDINANCE APPROVING THE A!IENDED PUD MASTER PLAN OF TIlAT CERTAIN REAL PROPERTY KNOWN AS HYDE PARK, Second by Klenck. Roll call vote: Terwil- liger. no; Klenck, aye; Grant, aye; Host, aye; carney, aye; Darien, aye; Bair, no. The motion carried 5 to 2. Milwid then read the Resolution. It was agreed th:lL stuff should review and determine the desireability of the street layoul that the map presented that night to the Board be incorporated in the pjnal Plat for Pllase I and that the developer should propose acceptable recreational facilities adequate to serve all residents of tile project as a component of Phase I Final Plat approval, With those conditions as well. as those ri?commended by PAZ, Trustee Carney moved to a!Jprove Resolution No. ~, Series of 1984, A RESOLUTION APPROVING WITH CERTAIN CONDITIONS TIlE PHELlJlINARY PLAN FOR PHASE I OF THE HYDE PARK PUD AND APPROVING WITH CERTAIN CONDITIONS THE PRELIMINARY PLAT FOR PHASE I OF THE HYDE PARK PUll. Second by Darien, Roll call vote: Bair. no; Darien, aye; Carney, aye; HDst, aye; Klenck, aye; Grant, aye; Terwilliger, no. The motion carried 5 to 2. Trustee Grant moved for a 5 minutes recess. Second by Terwilliger; all ayes. Following the recess Trustee Carney moved to return to regular session. Second by Darien; all ayes. ORDINANCE ALLOWING ELECTION TO BE CANCELLED Milwid said that there are currently 3 candidate@ for the 3 positions up for election this coming April 3rd. The law alloWS the Goard to enact an ordinance requiring affidavits of iritent from caodidates who wish to run as write-ins. In the same ordinance the .Board may provide for the caneellatic of an election. This would save the town some mo~ey. If there are write- in candidates who file by the Friday prior to the elect jon, the election must still be held. If there are no write-ins, the Bo~rd could call for a special meeting that Friday and declare the nominees elected nnd cancel the election. Coble explained that the affidavit assures that write-in candidates are qualified and willing to serve if elected. ~Iilwid 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.n.s. 31-10-106 HEQUIRING WRITE-IN CANDIDATES FOR MUNICIPAL On'ICE TO FILE AN AFI-'IIlAVIT 01'. INTENT I:IVE DAYS PRIOa TO TilE ELECTION AND, PURSUANT 1'0 C.Il.S. 31-10-507 ALLOWING 1'111' !lOARD OF TRUSTEES TO CANCEL THE MUNICIPAL ELECTION AND DECLARING AN EMERGENCY. Second by Carney_ Roll call vote: nair, aye; Darien, aye; Carney, aye; Host, aye; Grant, aye; Klenek, aye; Terwilliger, abstain.