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, Minutes of Regular Council Meeting, September 8, 1986 Page 3 problems. He advised that a draft agreement from U.S. Fish and Wildlife is being reviewed, and the Council could condition approval of the Special Use Permit upon receipt of final draft of the Consent Agreement between the parties. . David Cmiel distributed a handout dated 9-8-86, explaining the chronology of events, as well as a topographical survey and diagram showing fill levels (1974 approved level, 1974 actual level and 1984 actual level). Cmiel also presented two letters, one from Mr. & Mrs. Conrad Beaulieu (10-26-85) and one from Mr. & Mrs. Glenn Beggin (9-6-86). Both letters, from the adjacent property owners, stated they had no objections to the current condition of the lots. Hicks asked if Cmie1 intended to add any more fill, what type of vegetation currently exists on the property, and whether it can be mowed. Cmiel advised he does not intend to add any more fill, he seeded the lots with highway mix #5, and the property could be mowed, but he has not done so this year. Hicks moved, seconded by Peck, that Council approve the Special Use Permit accepting the grading and seeding of lots 6, 7 and 8, Lakeshore Homesites, as they currently exist, subject to the applicant obtaining a signed agreement with the U.S. Fish and Wildlife Service similar to the draft. Motion carried unanimously. (5-0) Request to Waive Special Use Permit Requirements - Lake Johanna Volunteer Fire , Department The Planner advised Council he had determined that even though the Fire Station is privately owned, it is used a a public facility, and would require a Special Use Permit for the proposed addition. He further stated that only Council can waive Special Use Permit requirements. Wayne Johnson,Building Committee Chairman, referred to his memo and described the proposed addition. He stated the Fire Department would like to begin the renovation and enclose the building before winter begins, however, under the Special Use Permit requirements a public hearing would be necessary. Due to the time frame for publication, he is requesting waiving such requirements on behalf of the Lake Johanna Volunteer Fire Department. Hansen advised Johnson the plan is acceptable, however, she did not feel an exception to the S.U.P. requirements should be made when City Hall, Public Works, Presbyterian Homes and various churches had to follow the S.U.P. procedures. Hicks moved, seconded by Hansen, that Council deny the request of Lake Johanna Volunteer Fire Department to waive Special Use Permit requirements. Motion carried. (HickS, Hansen, Woodburn, Sather voting in favor of the motion; Peck voting in opposition) (4-1) Public Hearin~s - Special Assessments I Resolution No. 86-42; ADOPTING AND CONFIRMING ASSESSMENTS FOR DELINQUENT UTILITIES Mayor Woodburn opened the public hearing at 8:50 p.m. Clerk Administrator McNiesh verified that the Notice of Hearing was published in the New Bri~hton Bulletin on August 20, and was mailed to individual property owners on August 20 and 22, 1986. Comments and Questions from Floor None. Public Hearing was closed at 8:55 p.m. Hicks moved, seconded by Peck, that Council adopt Resolution No. 86-42, ADOPTING AND CONFIRMING ASSESSMENTS FOR DELINQUENT UTILITIES. Motion carried unanimously. (5-0) Resolution No. 86-43, ADOPTING AND CONFIRMING ASSESSMENTS FOR DISEASED TREE REMOVAL Mayor Woodburn opened the public hearing at 9:00 p.m.