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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 172 17 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=. ' 174' 1 `i 5 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. 17S I16 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. 176- 1 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 I c rj 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: , 178 173 '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. 181 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 1 ATTEST: City Clerk ' 182