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It was moved by Comacilmam ~errin, seconded by Councilman Brook.~ <br />carried~ t~t Co~cil a~pro~ the ~clas~lfica~io~ ~ l~t~ct the <br />City Atto~ey to prepa~ ~ ~ea~g o~ce acco~g to ~hibit <br /> <br />HEARING - Nearing set by Council motion <br />CUP 201 - DUCOT om Conditional Use Permit 201 <br /> filed by George Ducot to <br /> construct a rest h~e iu the <br />R 1 district at 1605 N. English, where Pla--i~g Commission had approved <br />subject to conditions, was declared open by Mayor NcD~ichael. <br /> <br />The Clerk reported that im addition to the petition filed previously <br />with Council, letters of protest had been received from F. E. Corprom, <br />1902 W. 15th, amd Mr. amd Mrs. John ~off, 1502 English. <br /> <br />Joh~ Cott, a~ormey representing the applicant, questioned the legality <br />of the proceedings under Municipal Code Sections 9250.11 amd 9250.14 <br />amd the matter was held over to later im the meeting for the City Attorney's <br />determimat ion. <br /> <br />The City Attormey reported back that it was his opimiom the Coumcil was <br />acting withy Code requirements. <br /> <br />Mr. Cott, the applicant's attorney, stated that he wished to ~e placed <br />on record as disagreeing with the City Attorney's opinion, and requested <br />a continuance, si·ce he had mot had tLme to adequately research the <br />matter. About 15 persons im the audience stood, to indicate their interest <br />in the matter. It was moved By Councilma~ Herrim, seconded by CoUncilman <br />Burk, that applicant's request for continuance of the hearing to <br />September 20th, 7:30 p.m. im the Council Chamber be granted. The motion <br />carried, with Cou~cilmam Brooks voting No. <br /> <br />HEARING - Coltimued hearing was opened <br />ST. VACATION on proposed abandonment of <br /> portions of Birch between 8th <br /> amd lOth Streets. V. N. Jenson, <br />attorney representing the applicant, stated applicant had been waiting <br />until Planning staff reviews the plans for high rise building. The <br />Planning Director explained that the staff had been trying to determine <br />if · 40' street would be sufficient, but that a zone cha~ge ·pplicatiol <br />to OD ha~ been applied for amd this womld allow time to review. There <br />being no further testimony, the hearing was closed. <br /> <br />It was moved by Councilman ~rooks, seconded by Councilman Markel amd <br />carried, that Council instruct the City Attorney to prepare · resolutio~ <br /> <br />ordering the aba~domment. <br /> <br />~EARING ~ <br />ASSESS. DIST. 229 <br /> <br />Hearing was opened on Resolutio~ <br />of Intention 65-119 amd Resolution <br />65-118 to determine public <br />convenience aud necessity of <br /> <br />proposed work i~ Assessment District 229 (Kelt, Elliott, Edimger~ Newhope). <br />The Clerk reported that notice of the hearing was published om August 7th <br />amd 14th, mailed to property owners om August 17th, posted along ~he <br />streets affected em August 27th, amd that affidavits amd certificates <br />thereto are oi file in the office of the Clerk of the Coumcil. <br /> <br />Acting on the advice of special counsel, John T. Ga~ahl, that four-fifths of <br />all of the members of the City Council were not in attendance at this <br />meeti~, it was moved by Cosmcilma~ Burk, seconded by COuncilman Herrin <br />and carried, that public hearings in Assessment District No. 229 be <br /> <br />CITY COUNCIL - 347 - September 7, 1965 <br /> <br /> <br />