HomeMy WebLinkAboutMINUTES-03/18/1975-RegularMarch 18, 197S
' COUNCIL 01: '110' CITY 01: FORT COLLINS, COLORADO
Council -Manager Num oC Governwent.
Regular Mcetius; - 5:30 P.M.
A regular meeting of the Council of the City of the City of Port Collins wA-s
held on Tuesday, March 18, 1975 at 5:30 P.M. in the Council Chamber in the
City of Port Collins City Hall. Mayor Pead called the meeting to order.
Present: Council members Boraling, Pead, Gray, Preble, Reeves, Russell and
Wilkinson.
VI
00 Absent: None..
CO Staff members present: Brunton, DiTullio, Bingman, Kaplan, Li.quin,
W Deibel and Lewis.
W '
Also:' City Attorney March.
Minutes of the Adjourned Mocting
of March 11, 1975 tabled
City Clerk, Verna Lewis, advised the Mayor that copies of the minutes have
not boon returned from the printors for distribution.
' Cot[ncilwonrno-un RUoveS made a motion, seconded by Councilwoman Preble, to
table consideration of t:ho ni.nutes to April 1, 1975. Yebs: Council
mciohr-rs Bonal.i.ng, Pead, Gray, Preble, Reeves, Russell an;l Wilkinson.
Nays: Nano.
Request of Triangle Review Newspaper for
bidding on Legal Advertising approved
Attorney Alden V. Hill, representing the Triangle Review, requested tho
City give the Review some of the non -critical advertising that could be
arranged with less inconvenience to City Personnel.
The Staff reca;anendation had been "that Council. determine that the City's
legal advertising can only be met in a daily newspaper".
Councilmon Russell Yale a motion, seconded by Councilwoman Gray, that the
non -critical legal advertising be shared with the Triangle Review. Yeas:
Council members rood, Gray, Preble, Reeves and Russell.- Nays: Council
members Bowling and Wilkinson.
Entry of appearance on behalf of the
City of Pont Collins in proceedings
dissolving North College Avenue Sanitation
District approved
City Attorney ',lurch stated sonec t:u:!,.e auto the City had taken: over the
operation of tin North College Avenue Sanitation District. State Statutes
171
requires that a municipality must submit dis:sol.ution
if it will assume Lire obligation of the district. ,
Notice has gone to the City from the court anal Dlr•. rinrclr was reeque::t iup.
that the Council authorize him, on behalf 01' the City, to consent to tiro
dissolution and go along with the contract as entered into.
Councilman Bowling made a motion, seconded by Councilwoman Preble, to
authorize the City Attorney to present an entry of appearance on behalf
of the City. Yeas: Council members Bowling, Fead, Gray, Preble, Reeves,
Russell and Wilkinson. Nays: None.
Resolution adopted approving amendments to
the Electric Servicc Rules and Regulations
of the Department of INnrici-pal Utilities and
amendments to Electric Construction Policies,
Practices and Procedures
Associate Electrical Engineer, Don Botteron and Electrical. Pngineer,
Tin Sagen, responded to Council question regarding the update- of the
Rules and Regulations. Specifically continuity of Service and discon-
tinuance for non-payment.
Councilman Bowling made a motion, seconded by Councilwoman Preble, to
adopt the resolution. Yeas: Council members Bowling, I:cad, Gray,
Preble, Reeves, Russell and lt'i.11inson. \,ys: None. ,
RESOLUTION 75-15
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AMENDMENTS TO THE ELECTRIC SERVICE
RULES.AND REGULATIONS OF THE DEPARTMENT OF
MUNICIPAL UTILITIES AND AMENDMENTS TO THE
ELECTRIC CONSTRUCTION POLICIES, PRACTICES
AND PROCEDURES FOR THE DEPARTMENT OF
MUNICIPAL PUBLIC UTILITIES
WHEREAS, the ordinances of the City of Fort Collins provide
for the adoption of rules and regulations applicable to electric
service by the Department of Municipal Utilities upon approval
by the Council of the City of Fort Collins; and
WHEREAS, heretofore the Department of Municipal Utilities
submitted to the City Council certain Rules and Regulations for
Electric Service and certain Electric Construction Policies,
Practices and Procedures, and the Council, by resolution,
approved..the same; and
FhiEREAS, the Department of Municipal Utilities has -adopted '
certain amendments and changes in the Electric Service Rules
and Regulations and Electric Construction Policies, Practices
and Procedures,.and has submitted the same to the City Council
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for its approval and in the opinion of the City Council it is
' in the best interests of the City of Fort Collins that such
amendments be approved and adopted.
NOW; THEREFORE, RE IT RESOLVED BY THE COUNCIL OI' THE CITY
OF FORT COLLINS that the proposed amendments to the Electric
Service Rules and Regulations and the proposed amendments to
the Electric Construction Policies, Practices and Procedures
adopted by the Department of Municipal Utilities be, and the
same hereby are, approved and adopted and said amendments shall -
from this date be in full force and effect.
Lo Passed and adopted at a regular menti.ng of the City Council
00 held this 18th day of March, A.D. 1975.
ri
UW
ATTEST: Mayor
C y C erk
' Ordinance adopted on first reading relating to Plant lnvcstment Fccs for the Water Utility
Councilwoman Gray made a motion, seconded by Counci.lwon;m Preble, to
adopt Ordinance No. 21, 1975 on first.reading. Yeas: Council members
Bawling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
Ordinance adopted on first reading relating
to Plant Investment Fees for the Sewer Utility
Councilwoman Preble made a motion, seconded by Councilman Wilkinson, to
adopt Ordinance No. 22, 1975 on first reading,. yeas: Council members
Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson. Nays: None.
Ordinance adopted on first rcad:ing concerning
changes in the Uniform Building Code of the
City of Fort Collins
Councilwoman Reeves made a motion, seconded by Council:-!oman Gray, to adopt
Ordinance No. 23, 1975 on first reading. Yeas: Council members Bowling,
Fead, Gray, Preble, Reeves, Russell and Wilkinson. ?Ays: None.
Ordinance adopted on first reading relating
' to :Fees for Plumbing PCIT11its
Councilman Russell made a motion, seconded by Councilwoman Gray, to adopt
Ordinance No. 24, 1975 on first reading. Yeas: Council members Bowling,
Fead, Gray, Prcblc, ::coves, Russell and Nilldnson. Nays: None.
173
144
Ordinance adopted on first reading amending '
Chapter 1.18 of the Code relating to Child
Care Centers in Zoning Districts
Mr. Bill Eckert, 1804 LaPorte Avenue, President of the Montessorie School,
spoke in opposition to the amendment to the ordinance regarding the mininuun
square footage for outdoor play areas for day care centers and the increase
in parking spaces.
Council discussed the niininui;n requirements of the State for play areas and
Councilwoman Gray stated she had received a. request from iSrs. Lee Swartz,
uio heads up a task force under the Virginia Neal Blue Roman's :resource
Center, who expressed support of this amend;nent
Councilwoman Preble made a motion, seconded by Councih:omrin Gray, to adopt
Ordinance No. 25, 1975 own first roading. Yeas: (immei I mombers Ilowling,
Paid, Gray, Prch1C, Reeves, ]tussell and Wilkinson. Nays: None.
Ordinance adopted on l:irst re,nling amending
the zoning ordinance by chin Bing the Zonvg i
Classification for certain property
(Rhoades Agency I:ivc)bend Rezonin,)_
Associate Planner, Paul Dei.bel, identified the area in question, involving
8.7 acres located on East Prospect Street which is requested for rezoning to '
adjust the existing, zoning boundaries to conform i:i.th the into street and
lot layout planned for the northwest portion of t.hc site. Both the Staff
and the Planning and Zoiu.i.ng board had recommended approval..
Am unidentified citizen spoke to the nunber of children around the Prospect
Street in this area.
Counc:iliTian P,oi-:ling stated Council was aware of tiie safety needs of chilrlrer. in
that area, and Mayor Pcad stated it should be point.cd out that Prospect has
long been idcntifi.ed as a four lane arterial street., and this is no devi.ntion
from that.
Councilman Bowling mndc a motion, seconded by Councilman hjll:inson, to adopt
Ordinance No. 26, 1975 own first reading. Yeas: ouncil members ]:owling,
Fead, Gray, Preble, Peeves, Russell and Wilkinson. Nays. None.
Citizen Participation
1. Mr. Andy Anderson, 1421. Skyline Drive, read a letter into the. record
in r-lrich he resigned from the Concerned Ci.tizcu's Co;n::ittec. Mr.
Anderson also requested: (1) an inventory of City owned property, (2)
a list of alL passcangcr vchi.cles owned by t.hc City, and O a list of
the nwitier of gallons of gasoline used in 1974.
City Manager Brunton stated this would be madr., availaidt=.
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Other Business
' 1. City Clerk, Verna Lewis, Cave an oral report to the Council on the
status of Proposal People's Ordinance No. 2, stating that the Mection
Board had doterminecl there were sufficient signatures verified to place
the item on the ballot.
2. City Attorney March advised the Council. that he anticipated that be Lore
Council meets again, there ivill be a suit file;l against the City Council
of the City regarding the five year residency requirements to run for
Councilman; assuming it is filed, Mr. March requested authorization to
enter an appearance on behalf of those named in that suit and directions
to expedite the suit prior to the election.
OD
X Councilman Bowling made a motion, seconded by Cowicilivroman Preble, to
authorize the City Attorney to enter an appearance on behalf of the City
should a suit be brought regarding tine residoncy requirements. Yeas:
W Council members Boiel:uig, Fead, Gray, Preble, Reeves, Russell and
Wilkinson. Nays: None.
3. City Manager Brunton stated Council wits receiving at this evening's
meeting, a surmiary of Diviromnenta.l Impact Study made by McCall/Ellingson.
A public hearing will be held in the Friendship Room of Home Savings and
Loan on April 2, 1.975 at 7:00 P.M.
4. City Manager Brwiton stated bids had been received on Sever Treatment
Plant No. I on DIarch 6, 1975. The Administration rocoimnends that the
bid be awarded to the low bidder, Faith Contracting Corporation with the
provision that they prepare a change order.
Councilman Bowline, made a motion, seconded by Councilwoman Gray, to
award the bid to Faith Contractin- Corporation in the amount of
$729,887.00, subject to them meeting all conditions. Yeas: Council
members Bowling, Fead, Gray, Preble, Reeves, Russell and Wilkinson.
Nays: None.
S. City Manager Brunton stated Council had discussed at the executive
session the purchase of a piece of land at the entrance to Martinez
Park. The appraisal is for $15,000.00; the owner is G $ S Sanitation
Service.
Councilman ?:'ilkinson made a motion, seconded by Councilwoman Reeves, to
.authorize the purchase from G & S Sanitation for $15,125.00. Yeas:
Council members IioivlLng, Gray, Proble, Reeves, Russell and Wilkinson.
Nays: Councilman Pead.
6. Councilman Bowling, stated he had received a cony of a. report from the
Larimer County C.itzen's Data Processing Conmittce, who had done a study
of the County computer system. Councilman llot•a.ing recomnencled that the
Chairman be invite:I to attend the Council r,ork session Alarch 2S, 1975
' to discuss the report.
City Manager Banton stated he would see if this could be arranged.
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7. Councilwoiinn Gr;ry stated that in 1.973 Council had adopted an ordinance
regarding rc-rce.istration of people who have been -uuiczed. She thought. I
perhaps by affidavit, there could be a provision whereby those people
affected could vote.
City Attorney March stated he had revi.e:red the State law and City election
ordinances, and felt there is nothing that can be done at this time.
City Manager Brunton stated this notification could be sent by the Public
Information officer in the future.
8. Councilwoman Reeves stated the Council should set up time to work on the
recommendation on Boards and Commissions.
Proclamations
City Clerk, Verna Lewis read two proclamations into fare record, one proc-
laiming the I'lonth of April, 1975 as Cancer Control. Month and the Week of
April 13-19, 1975 as knights of Columbus Day to hcl.p retarded citizens.
Resolution adopted appoi.ntinw mcmbcrs
to t:hc L:iauor Li.ccnsim.� Aut:hori ty
Councilwoman Prcble made a motion, seconded by Councilman Russell, to appoint
Ed Stoner and Linda 11%cnz to fill vacancies in the Liquor Licensing Authority.
Yeas: Council members Bowling, Pcad, Gray, Prcble, Reeves, l:ussell and
Wilkinson. Nays: None.
Councilwoman Gray made a motion, seconded by Councilwoman Preble, to. adopt
the resolution. Yeas: Council members Bowling, Pead, Gray, Treble,
Reeves, Russell and Wilkinson. Nays: None.
RUSOIJ72Taa 75-16
Or TI IF, C(TH ICIJ, 01' THE CITY OF FORD COLLINS
T1PPOUTPU G Mllr; RS) TO 'i711; LIQUOR LIC,_.NSIING
A1-fl'110RriY
l+7(D. Ut M, Donald Rol-otham, who was a member of the Liquor
Licensing Authority, has resigned; and
SMM�l, Elton Collins, who was a mcrtix�s of the Liquor
Licensing Authority, has resigned; and
MMIUMS, the City Council desires to appoint Dd Stoner
and Linda Renz as meambcss of said Authority to fill the
vacancies created by such resignations.
14cw, '11➢7RI?F01t15, Iil? IT RESOLVED BY - HE COUNCIL OF 1'IIG CITY OF
FOIN'r cou-, is, that ".cl ,toner and Li.nila Renz
be, and they hereby arc, a,pointed as mer.Lx-,r"s of the. City of Fort Collins I
Liquor Licensing Authority to fill out the unc:hirci terms of Donald
Robotham and Elton Collins on said Authority.
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1
III
Passed and adopted at a rogular meeting of the City Council
held this 18t1i day of Mai ch A.D. 1975.
y j
ATTEST:
� � t
iy lerk
Resolution adopted approving and
adopting amendments to the rules of
procedure for the Liquor Qccnsin<o
Authority
Councilwoman Gray made a motion, seconded by Councilx�oiaan Preble, to adopt
the resolution. Yeas: Council members 13o�vl.ing, Pcad, Gray, Preble,
Reeves, Russell and l,Iilkinson. Nays: None.
RESOLUTION 7S-17
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AND ADOPTING AMENDNENTS TO THE
RULES OF PROCEDURE FOR THE CITY OF FORT
COLLINS .LIOUOR LICENSING AUTHORITY
WHEREAS, Chapter 33 of the Code of the City of Fort Collins
grants to the Liquor Licensing Authority the power to promulgate
rules and regulations after first presenting the same to the
City Council and receiving the approval of the Council, and
WHEREAS, the Liquor Licensing Authority has recommended
amendments to the existing rules and regulations and has for-
warded such recommendations to the City Council, and
WHEREAS, the City Council has reviewed the proposed amend-
ments to -the Liquor Licensing Authority Rules and Regulations
and now desires to approve the same.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the proposed amendments to the Liquor Licens-
ing Authority Rules and Regulations be, and the same hereby are,
approved and confirmed by the City Council and hereafter the same
shall be in full force and effect as amendments to such rules
and regulations.
177
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Passed and adopted at a
Council field this lsth day
ATTEST:
i
City C er
ar meeting of the City '
Oti�rrh , A.D. 1975.
�yb
Lakewood Estates ;Mobile Home Park
Subdivision and Unit Devclop!nont
Plan approved
Associate Planner, Paul Deibel, identified the area in question and stated
this development consisted of 25.3 acres of M-L, Low Density Mobile liome
zoning. The Staff and Planting and Zoning Board had reconm:ended approval,
conditioned upon adequate flood -proofing of the site.
Councilman Wilkinson made a niot.ion, seconded by Councilman I:usscll,to approve
the Lakewood Estates Mobile liomc Park Suhd:i.visi.on flat and P.U.D. Ycas:
Council members Bowling-, Fead, Gray, Preblo, Reeves, Russell and Wilkinson.
Nays: None.
Other Business
Report on Taxicab operation
Ms Susan Jones gave an oral report on this itein, stating that the PUC has
denied a permit requested by the Freeland Cab Co. of Loveland for temporary
emergency transit service; this request had been opposed by Fort Collins'
previous owner, Mr, Griffin and Mr. Kuenunerli.n.
City Manager Brunton stated the Administration was recommending the City
take no action for or against the two petitioners, but urge the PUC to take
action to fill the void.
1
Councilman Bowling made a motion, seconded by Councilwoman Preble, to urge
the PUC to make a decision on the request as soon as possible. Yeas:
Council members Bowlingo, Fead, Gray, Prcblc, Reeves, and Russell. Nays:
None. (Councilman Wilkinson out of room)
Report on Landmarks Preservation Cormnission
City Manager Brunton read the following report into the record: ,
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'At their March 11, 1975, mceting the Port Collins City Council received a
letter from the r..:+mbers of and cons::ltants to tile City's LandnarLs Preser-
vation Commission. The major point of concern was the resignation of James
Cox as Chairman of the Co:ruaission. It is unfortunate that the purpose and
intent of this entire situation was misunderstood.
In the SevenYear Sales Tax Capital Proram, S100,000 was allocated for
the acquisition and restoration of the Avery House and other historic
landmark projects. The A^cry (louse was purchased in IS74. IZe applied for
ifJ
a $36,000 grant to help with acquisition costs; hc!ever., we received only
50 $6,000. At the same time application was ::ado for a $28,500 restoration
grant.
a7 The purpose and intent of the Administration was to assist in the rest:orml-
`Q tion and full utilization of the Avery House in the quickest and h•ast nanncr.
We recognize that true rustoToti.en is a tim.c-consumitlg x)d laborious io',.
It has been our objective to kt•cp the .utirn cost of th:: proiect to
City of Fort Collins to $100,000. 1lence, the S6,00i) grant and 2iie r quos.tel
$28,500 grant were critical to the project. we have. also received tentative
commitments from several private parties who would assist in the restoration
work on individual rooms in tlic tuilding. To exped.i•te and assist in this
project, we moved Bill Iloltnos' Land ar.cl Itcr•.lty P.enartment to the Avery
House. The purpose of this move, besides providing 0J.;.tional offic'.' space,
was to have someone there for ciuso supervision during the actual restoration.
In the latter part of January, 1975, Pull 11oir s rcoucsted that an architect
be hired to work on the Avery Rouse. 3ccause of tl:e detailed and exacting
plan requirements, a restoration; construction and redevelopment project
is relatively costly. I was inforr.:ed that, if !':e did not seen: the 57,500,
we would not rc Ceive a restcrSticn 1;rant. If this project !;as coa.�11"teJ, !.o
were virtually assured of approval of the restoration stoney. In any case,
the restoration pl'O�•rn^ aril project •.teUld 1Je i;04d ::Cr short- and lon1••ter.1.1
development of tile. project. At ;he szme ti:;. Bill Holmes informed me that
he believed Jim. Cox, Architect and Chnir,i:an of the Lcn.mark Prescrvati:,n
co,,.Si:is.;1on, was best Cu.tllfied for this 11rujbct. i con Ctixred cohttplctely-
At tltat time we discuss^d rual or im,-giniry conflicts of interest. I do
not bol.teve there f:'CL 1d b_- an;' C^.nflict OC i'Ittr--st if :ir. Co:: did not
resign from'the lent^.)i SsiO❑ UDJ S;• Teri il: t..;. iltlal Co ✓::Clt)'. IiG�: C: dC r, in
timas like these ? br::eve '.cc.,c•:i.':`c. !lu:: th : l:;lblic fccaa :l:)out
the cr.d:ibility or rc'::r ^ula. 1 as'::,`! .;r. 'r!olz'.ns to rclro rati.c:!ai
£or wanting Jim Con as project :;rchit,ci :era thC7 Aver;• 1!9ase for nut
!JnfOct1.:n3t1•1\ did not +)rin'g Thi, :tt'the Cctmc;t
r ibis Tatlollt:lt? l•:e.. i1a:S::an^Il:i)' j:"'i:.dliai+lF.
:lit Frhroary 4, 197 , i';1'. l.ox Sif;lted 61: ".11`L`i'CC L:It::d i•CYt:` t}` ri )!rl•: :: not
Owner and Aicn'trr. a'r'c C:un:ru._tion t'roi.c of i.i*.,i _J 5tiopm." 'i'.as cc:;;:r�a
' aS silpned t•y t;le rcilit?�t,i
Ct - - 'lC e.\" l!h0 C.1 zy It b:aS
r. J
::Ubat.CCd CG me. On i'Cl; r;lr:;y 7, .'D. l .�a11)' b'ti\'£:a'. liJi"1^S ^ilL't!Uri 1. mt:
179
M'J
to toil J1.: Cox to prolaced 6ith this wOik so we could feet the pt:ndin- grant.
anplJoation deadlines. At that tiwe I asked hill if Mr. Cox hrd ugrced to
risi it ).Told the CelLmissi.on. the nllsl•: C'T 1'iaS, "YCs." !tii':ht cr wron? it was MV
then opinion that it %ouid })e hettcr to resign _:.ti,or titan ll<:ve it;plic:lions
ol: tin sort. Ono of our lcca.l new: -papers carric:; .-n cditorlol :'lout tills
"eJnfl)ct Of into, " oil rCh fl!a:'j' I.it'.h. At th::; 1 LiLe t 1,:id nU? recell':!! 'I'l'li tCJ
rUSif•Ila lion from }h. Cox. 111 li'Ji;i11,, 1`:1Ck, I 1"'tl�•':is I silUultt hal'c hrov!.ht
this entire matter to the Council fur bothdCCi:iiGlL:. Houc'icT, 00 .C::J:L.L of
this :Consulting._, tee was within the scope of alllJUlltS ta7iUii could he ilu.tldri-01
by the City Alanauer. Sincc we ha..l Grant de"'dlinc:: to n•ce:, I war:tcd to p,ccecd
with the project. Because I nade. this decision w.kiinistrati'.•cly, I want to
clear the at!r.osphere. At the tii;:^ of this nt-h'spl;per .plziclJ, I did not bare
Mr. Cox's resignation. I ralkcd with 1`1r. Holmes and asked hill' al;lin is ylr. Cox
agreed to resign prior to t:lo article. 1necausc of tlli.s and taccause I do not
want it implied since it wasn't so, that Mr. Cox l:s taking this action because
of the article, I asked that the reslgnatici; be elated to the actual tillo I
gave verbal agreement to approve the contract.
The entire question of new;paper editorials and 1-ttc s to the editor are of
concern to iiie. I hope I do not respond under prrssure for or a;;ainst nny
letters. I read frost editorials 1;1(i 1e..t,,crs to ii)i: cdl.tc'1r, alul if they affect
City government, evaluate them accordingly. If t.:v>r• is sohlet)tiP., we can do
about it, we take necessary corre:dive fiction. [E rmdiinr. can be done, we just
take our blows quietly. In almost all cases, we do not try to respond openly.
On it dnesclay, March 12, 1075, I tali:ed With Jiln Co,: ell OLS ^latter. :•1r. Cox
would like to staff oil t:^ Lar--Imark •1'Y:.Servltion Co:i;.A :sioa. This was 11y' fi rst
p
ulceti.11;r with >'r. Cc; on tiAs u-itter. As i.ntli.cate.i pr••vi.ur.sly, I . wvc a great.
Oval of resirect for Mr. Co:.'s wort:. O,hc�i:i,s�, I wonlil I1Ji: h:ne ctpplrovcrl
the C<tnL.l'a:a for 'l.h() '•UsLGl'a1' i J'11 1:U:'k. .�G?U!'1I1.111', tU oily to ty Attorney, thcrc
1S ili, t.11 lit'*, 111egnl abo•.i% a 1: ,id)Or of a board o1' Cl%L.�:its_ i011 Il Sv.1 ll {; P cl tract
with the City.
During thn discussloos :nothcr issue.. aced wit", revare..s to citron ivpat" In
conn'.ction with restoratio.1 o the Avery House. iie dl::cusscd ill the pa:it the
assignments for various Canal r,:rrt Projects. Enclosedi.s aPUthcr
cop,1 of this a.<_si a;^ant list. At 'c:irt title it.was eleariy stated that th,0
Lard) r.:r rrescrvaticn) COYnOss:on cu!ui(l be the official cdvi.,ory ,roup for the
AViiry I'lousc prUiCci. Tile Mclnv ctll-1: ];lterested individuals and groups are
workift with the 1.C'nnission and should be enecurl-cd to continue.
recerwie,nda ion: ;l:e .';ty Cctincil }.as nev : offic;.ally accepted the resi^nation
of J :^as Cc,.,,. Inc, il!i, :):::5, I ..^. perso,:'!l1y i;o"ry oil h v.v this Llitter irai
handled. ."'le Council tl:c:i i:: is ?r. Col sitculd retain a er and
now Cilail:,an o_ the Landl:: rk :'nc>:< s .l:i.Ju Col::ciiss1011.
Councilman Wilkinson stated he questioned the propriety of a person with a
contract with the City serving on Commission that is directly involved in
the work that he is doing.
City Attorney March stated Council had to evaluate the question of how
this contract is going to functionaly work; legally, there used to be a ,
provision in the Charter which prohibited a board or commission member
from being retained on a separate contract with the City, the voters had made
180
a change where this is now permitted; therefore, Council should review
each situation to see if it would work or not.
Councilman -Russell stated he would like to see Mr. Cox reappointed as an
ex-officio member without voting power as long as his contract is in force.
Councilwoman Gray stated she felt the Avery I -louse was a completed project
and the Landmark Commission was looking at other sites.
Mayor Fead stated the Landmark Commission was also the supervisory Board
on this job and as a professional, he found it difficult to accept, and
if Council retained Mr. Cox on that Board, then that Board should be removed
from the supervisory position in the matter of the Avery House and should
be turned over to Mr. Bill Holmes.
;j Councilwoman Gray stated she felt that the Landmarks Commission wanted Mr.
W Cox back because their membership is low and they lilted his leadership and
she wondered if Council could not defer the decision until the next meeting
and see which they prefer; not being the organization or having Mr. Cox as
a member and Chairman.
Councilman Bowling stated this was a good suggestion, and he personally
would like time to speak with members of the Landmarks Commission and with
Mr. Cox.
' Councilman Wilkinson stated Ire supported Mayor lead's stand that the Land-
marks Commission "pull out" or that Mr. Cox resign. Mavor Fead stated
this was the only way it could be and that the Comidssion would still be
in an advisory capacity on the Avery I-Iouse, along with all the other land-
marks but they would not have the supervisory capacity.
Councilman Bowling stated he did not argue with that and again suggested
that this matter be deferred. Playor Fead stated lie still felt that,
ethically, it is an untenable situation; the direct conflict of both the
architectural and Engineering professions of a man super✓ising his own
contract.
Councilman Bowling made a motion, seconded by Councilman Russell, to table
the issue to the next meeting. Yeas: Council members Bowling, Fead, Gray,
Preble, Reeves, Russell and Wilkinson. Nays: None.
Possible Acquisition of additional property by Lec Martinez Park
City Attorney March stated Council had previously authorized purchase of
this property; now a motion was needed to authorize the City Manager and
City Clerk to sign the contract for this purchase.
Councilwoman Preble made a motion, seconded b,, Councilwoman Reeves, to
authorize the City Alarager and City Clerk to sign the contract for purchase
' of this property. Yeas: Council members Bowling, Fead, Gray, Preble,
Reeves, Russell and Wilkinson. Nays: None.
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Other Business
City Attorney March stated Council had approved an improvement district on
South Shields Street, starting at Prospect and running generally to the high
school; there is a property located at Prospect and Shields which Mr. Holmes
and others have tried to purchase on behalf of the City; appraisals have
been received, the offer has been based on the appraisal and has received no
response, therefore, he had written a letter advising that if the City did
not receive an answer on this within a specified time the City would have
no alternative but to ask the Council to allow us to condemn the property.
No answer has been received. For the record, the owner is Katherine M.
Watts, the property description is as follows:
A parcel of land situated in the NlI14- of Section'23, W N, R69W,
of the 6th PJI. more particularly described as follows: begin at a
point which bears south 30 feet from the MI corner of said Section 23,
thence south along west line of said Section 23, 631.45 feet (more or
less) to the SE corner of NW ', of NW '< of NW 't of Section 23, thence
east, 50 feet, thence north 631.45 feet; thence west 50 feet to the
point of beginning.
City Attorney March requested (1) that Council recognize that efforts to
negotiate for the property have been unsuccessful, (2) c'.ctermine that it
is necessary that this parcel of ground be acquired by the City for public
purposes, namely; street, utility lines and sidewalks and authorize him to
institute condemnation proceedings in order to acquire the property.
Councilwoman Gray made a motion, seconded by Councilman Bowling, to approve
the recommendation of the City Attorney and authorize him to proceed with
condemnation proceedings on this property. Yeas: Council members
Bowling, Fead, Gray, Preble, Reeves. Russell, and lVilkiunson. Nays: None.
Adjournment
.Councilwoman Preble made a motion, seconded by Councilwoman Reeves, to
adjourn the Council. Yeas: Council members Bowling, Fead, Gray, Preble,
Reeves, Russell and Wilkinson. Nays: None.
1
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ATTEST:
City Clerk '
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