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HomeMy WebLinkAbout12/03/1962He stated that this Board should be appointed prior to the ordinance taking effect. He further stated that this Board must consist of two (2) Master Plumbers, two (2) Plumbing Contractors and one (1) layman not affiliated.with the plumbing industry. The Mayor was authorized by the City Council to present the board members' names- at the next Council meeting. , 11. Mr. Romero, City Engineer, reported to the City Council that Change Order No. 1 on the sewer plant expansion program would be approximately $250.00. On motion of Councilman Shipsey, seconded by Councilwoman McNeil, the meeting was adjourned to Wednesday, November 28, 1962, Noon, to meet with the Police Advisory Board. -4- Approved this 17th day of December, 1962. ENEEPMA �,i REGULAR MEETING OF THE CITY COUNCIL December 3, 1962 - 7:30 P. M. CITY HALL Invocation was given by Mayor Clay P. Davidson. Roll Call Present: Clay P. Davidson, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey Absent: Miss Margaret McNeil City Staff Present: J, W. Abraham, Director of Planning and Building; R. D. Miller, Administrative Officer; J. H. Fitzpatrick, City Clerk; - William Flory, Director of Parks and Recreation; William M. Houser, City Attorney; David F. Romero, City Engineer; E. P. Thompson, Water Superintendent; Lee Schlobohm, Fire Chief; William Schofield, Police Chief. Approval of the minutes of November 12, 13 and 19, 1962, was held over. On motion of Councilman Miller, seconded by Councilman Shipsey, claims against the City forr:the month-of December, 1962, were approved and ordered paid subject to the approval!'-Of• the'Adminiscrative'Officei:'' ------------------------------------------------------------------------------------- 1. On motion of Councilman Graves, seconded by Councilman Shipsey, the foliowfng , salary step increases were approved, effective January 1,1963: i FLINN, Robert L., Police Officer, from Step 1 at $412 to Step 2 at $435 per month. LIMON, Manuel V., Groundskeeper, from Step 1 at $330 to Step 2 at $350 per month. McMASTER, Ronald D., Police Officer, from Step 1 at $412 to Step 2 at $435 per month. OVERFIELD, V. Ann, Stenographer, from Step 2 at' $330 per month to Step 3 at $350 per month. RASMUSSEN, Robert G., Police Officer, from Step 2 at $435 to Step. 3 at $460 per month. __1_ RICHARDS, Darrell, I., Laborer - Equipment Operator, from Step 1 at $350 to Step 2 at $368 per month. . 2. Communication from the City Engineer's office, City Library and Water Department, requesting that the following employees be permitted to carry over their vacation time to 1963: NAME CARRY -OVER DEPARTMENT ' Gingg, Tommy 2 weeks Engineering Howard, Doug 2 weeks it Juarez, Tony 3 weeks it Robertson, George 1 week of Romero, David 2 weeks " Tappa, Milo 3 weeks " Cotter, Olive B. 1 week Library Thompson, E. P. Water On motion of Councilman Miller, seconded by Councilman Shipsey, the requests were approved. 3. On motion of Councilman Shipsey, seconded by Councilman Graves, the following contract pay estimates were ordered paid: Eugene Jackson Caudill Street Storm Drain Est. #1 $12473.93 Frank P. Donovan Yoakum Tract Assessment Dist. Est. 19 6,722.69 North Bay Construction Company Sewer Plant Enlargement 50,553.20 4. On motion of Councilman Graves, seconded by Councilman Shipsey, the following resolution was introduced. Resolution No. 1031 (1962 Series), a resolution increasing the 1962 -63 budget. ($5,000.00 from the General Fund to the Sewer Bond Construction Fund). Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Ronald Q. Miller, Gerald W. Shipsey NOES: None ABSENT: Miss Margaret McNeil 14. Mr. Harry Boyd from,--the Laguna Lake area appeared before the City Council requesting permission of the Council to authorize the use of electric outboard motors on boats using the Laguna Eake. He stated this was a low horse -power motor and could not be used for water skiing or other fast moving activities, but could move around the lake at a very low speed. He then demonstrated the electric motor for the Council's consideration. The request was referred to the Park and Recreation Commission for their investigation. 5. Mayor Clay P. Davidson stated that the claim of Mrs. Livisey regarding sewer on Peach Street had been paid by the insurance company and that the money was paid to Mrs. Livisey this date. ' R. Mayor Davidson 9equetted - that ^the-.City Council pass a resolution expressing appreciation for the service rendered by Doctor Joseph Middleton to the community as a member of the school board for the past fifteen (15) years and who had recently resigned his position. On motion of Councilman Miller, seconded by Councilman Shipsey, the following resolution was introduced. Resolution No. 1032 (1962 Series), a resolution expressing appreciation for services rendered by Doctor Joseph G. Middleton as a member of the school board. Passed and adopted on the following roll call vote: it -2- AYES: Clay P. Davidson, R. L. Graves, Jr., Donald Q. Miller; Gerald W. Shipsey NOES: None ABSENT: Miss Margaret McNeil 6. The City Clerk, J. H. Fitzpatrick, reported on the following bids received for 1 furnishing motor vehicles and contractor equipment in accordance with advertised specifications: (BIDS LISTED ON FOLLOWING PAGES) 1 n P 1 1 M O r Qr E K L�q 00 3 C K r In E (D K m O r 'C H m C� 0 3 m a� a N m R r O C N H 9 G•7 3 � w R T K D) a m N R r m O n F M n K 0 K W S K ' M 00 Q H (DD 641 M O r Qr E K N 0 H 00 � O R O� O n m S K r n lz Cif m ^� 01 a 10 M rja %4 •1 G� r r• � N 00 A n r M K n 0 •'7 a T cn Q to R r R �C r K C 0 C 0 .0 0 m lb r r y C a 7 n 7C K m P-4 0 a O v'. c T m T n R R r 4''1 W T O O m R O O 0 m W 0 r01 m m ha K � K a Z N N r N x r V r O Y O OZ tO 0Y 0 Oor0 00 w N -4 cr V N t0 %0 N N cr 4% L% C m 0 � Or K W n O O t l n r K -4 O -4 K X 4 0-4 CL . a a N O O O F c F t0 0 �0 0 0 w w w o w F O F I x Z x •j, r r r I O O O O I FF %0 M-[ v I C O' C' C F 00 N 0 0 a a ?K -4o v 100 c cuo cD O0o w 100 I Z Z Z Z r r r r O O O F Y Y F O N 0 O O " 10 0 0 CL 00 OD 1000 OD m 000 r ►+ N r r r F! I O V V V V 1 OD r 0 O� NOD 00r 0 FF 00 O, r-4 I C to to 0 VI 0 ul to lr o O w w -4 0-4 K IL ODOOD 000 O%c C% r o r NO N 000 ot0o� a%cO� cDOOD 1000 0 0 0 Oo 0 0D to O to u o w O% o Ot v v v 1 N N N N r N r N Z r N I Y V O I r0�-4 rO�-4 FOoN V O+W 01 to 1 Ftn%0 rtnON 1 W N0% %00 tO C 4,-4N V 0-4 0o000 OD VI w FOF K tnvl0 . a wow vo�l tnpin otnin OD 00o to OM rOr 00c OW 1.1 v v v v I N N N N r N N N 1 Y V V V V O I Ntn-4 N VI-4 O+O� N 04: w O%O� N 1 tO O tO Q% ()% w N Ot tC cr 0 IJ ' V O�4 OD OD OD VI W OF , K 0 000 • . a FOF WOW VOV v101n OD OOD to 0tn .Or 00C wOw v v 1 N N N N N N N N N W N N I V Y Y V I r+F 0% r FvI W Ntn FNm V N•O Otn to 1 to VIF Nln V W Ow W O W O%tztn ODOOD % O O tO • to Otn FOF NO N rpr wOt t0 OD 000 • to 0to • • • WO W • • W O W • • • tOOtO FNO� -410-4 10010 ror .410 -4 wow ror I O . . 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Do ►- m K W R $ $ R R R O E K O M P- v tO K M m K 0 v 0 M E K O m O n r O m 7 M n 0 0 0 0 m e m m o m n M O r Qr E K L�q 00 3 C K r In E (D K m O r 'C H m C� 0 3 m a� a N m R r O C N H 9 G•7 3 � w R T K D) a m N R r m O n F M n K 0 K W S K ' M 00 Q H (DD 641 M O r Qr E K N 0 H 00 � O R O� O n m S K r n lz Cif m ^� 01 a 10 M rja %4 •1 G� r r• � N 00 A n r M K n 0 •'7 a T N R A 9 t0 1 Nr w O 4) m rm m rm m to I.A LA A O O X.. Ort� to W m C omi m n 7< V r R Ln C O m H r•+ m x r� 0 WrD l °� P. 1 O 0o w � n m �G rn R •O W " tD � m n M DI 't m 0 pi :3 R R m C. m r x N F O+ •v H m rt W K m m K (D m FS A h m_ C. m K IV .o (D .n (xD rD n 7 S R m N ►-� 1 I I E a a A 4- W V N 00 In W V N ln. V W fD (D r E v r O L 1 d mx H W m a Vg 0 N 7 iD O 7 n rrt W OD Cr W F W 1 1 1 H 7C M H M 7C H W W H H H M 1 t+i R H rt R R H R 'O y rt rt rt rt H z m 9 m m m B 9 8 g m O 9 rt 9 m m m m �+ 9 9 8 9 V OD V H y �+ t0 ��••+ Dq y. �O 00 V In 3 . H �W FAG 1 1 1 1 1 1 1 1 rn rt x c cnmroer p Wm O m cDroeo� I m OD y rt x 0 OD y r O m w A 1 C C] m K �C O m CO. r 1� i H m D .°ro W m m K m K O N ,°'V W a O 1 N m t0 07 C 1 rog DD w oD • m tr C. to w x WT' t � ti to 00 (xD O 0 m PC Q O O x 0 t" tD C m n (D O 0 m m O m m m C rt K O H n S � C H rn T m a A ►' T•' m N p M 1� t+ H O (D m' 0 fEl C m O A G m O P- V• rt 9 E SRC ' = x H •Om rt (fin ('D N 1 PI rt P. i to m � m < o G mE K o E v A O• rt m m C, r+ O W h M 'O ►' .'y iCC r• (D r n N p ►rm Wm A C DD n r N n O c 0 ro o lA O h•' C\ \ m CO r+ O 1+• 1 rt m In R O m R 1 (� � .t C r O O C .O O 0 It 1 S rr 7 m C to A :- 00 K O+ l matno C aa"' nn .r w C rt c% m 8 rt m H m rt tt M rr n 'S m W j 7 W tD S a t+ S VI .. OO 'O O S nx g Sm H ' 00;nym ° 0 R O ODOrxn m O m OD rt r m K m m S V m m O m m N M A m O t n' x F•n'm x 3 SNp t m R 01 (D'O iii F+7 tD' Ef m m O n r m C lb .. 9 C r O n C O b R rt �•. rt p t•n .t 9 A d K E rt N It :I 'C r m rt po rt C r• O O O 1 m fT ►{ 1 .. m rt 0 1 7 ►.' �• ri 'a N H OD R r n '• 1- rt x ° rt o anFO ° o 99 m 1 7 r x rt 00 1 O' ►+ O 1•• 1 y m K 7 1 r . .. (D R m A A K m O r O K r r m O %C R m K' O k .. rt r m m pi (D 1 9 A 1 1 O 7 O l� m µ. N R C m rS 9 1 m n 1 m K i n � r m W M n pi P.- t+ 7 DI - � n r m a C 1-` .. (D FS V • W N O m K Q. H •r hd R r W m m M m r C S 1� m m rt 14 1+ O ' 7 m H .n (xD rD n 7 S R m N ►-� 1 I I E a a A 4- W V N 00 In W V N ln. V W fD (D r E v r O L 1 R. D. Miller, Administrative Officer, stated that the City had received good bids for the motor vehicles and had:saved the City money and recommended that the Council approve and accept the following items for purchase by the City. Item #1 Hysen- Johnson $19567.94 Item #4 Standard Motors & Equipment Company 1,401.83 Item #5 Stanley Cole •12438.71 Item #6 Hysen- Johnson 1,600.00 ' Item #7 Hysen- Johnson 2,083.41 Item #8 Standard Motors 6 Equipment Company 1,670.53 Item #9 Kimball Motors 50228.00 Item #10 Hanson Equipment 4,497.50 Mr. Miller stated that there were some questions involved in Item #2 and Item #3 and recommended that the City take action on the-other items at this time. D. F. Romero, City Engineer, recommended that the Kimball Company bid on the GMC dump truck be accepted as the Dodge truck deviated from the specifications. Frame was fish plated instead of gloved and the wheels were a size other than those specified. He recommended that the City Council accept the bid on the GMC truck whi did meet specifications. On motion of Councilman Miller, seconded by Councilman Shipsey, that the City accept the bids as recommended by the Administrative Officer on all items except Items #2 and #3. Motion carried. R. D. Miller, Administrative Officer, reported that on Items #2 and #3 the City specifically called for bids for compact pick up trucks, primarily for the low maintenance Ad up keep involved and the fact that these pick ups were used primaril for transportation of personnel and not heavy duty equipment. He continued that Standard Motors Company had bid on a standard 1/2 tone pick up wit a smaller engine which met the minimum specifications, but was not what the City Council had in mind when setting up the specifications, although the City Attorney stated that the Standard Motors bid met the specifications and should be considered by the City Council. The Administrative Officer recommended that on that basis, the low bid of Items #2 and #3 be accepted. J. W. Abraham, Director of Planning and Building, stated at the request of the Administrative Officer, that he and Mr. Thompson, Water Superintendent, had inspecte the GMC vehicle of a type bid on by°_- Standard Motors Company. He stated that this wa a standard International pick up with a delux cab; but with the regular engine replaced by a smaller engine which, 3n his opinion, was not economical and in the to run would prove to be expensive in its operation! Carl Hysen, Ford dealer, stated that the word "compact" in the bid specifications wa the key and they had bid only on compact pick ups and not cut down standard pick up trucks which any of the other bidders could have also bid on if it had not been for the specifications of compact. He asked that the City Council only consider bids meeting the specifications of compact. W. M. Houser, City Attorney, stated that while the International pick up truck meets the minimum specifications, it does not, meet what the Council had in'mind in calling for bids, as the Council's intention was for the City to acquire design compact pick up trucks and not under powered standard pick ups. Mr. Houser continued that the City Council had the right to take the'bid that met the specifications as intended by the City Council. On motion of Councilman Miller, seconded by Councilman Shipsey, that the bid of Hysen- Johnson Ford in Items #2 and #3 be accepted as this is what the City intended when calling for bids. -4- 7. J.H. Fitzpatrick, City Clerk, reported the following bids received for construction of the street repair program, Phase "M": Ted Watkins $5,507.00 Guido Ferini 5,623.00 Valley Paving 5,870.00 Madonna Const. Co. 59905.00 R. D. Miller, Administrative Officer, recommended that the low bid of Ted Watkins be accepted. On motion of Councilman Miller, seconded by Councilman Graves, the low bid of Ted Watkins of $5,507.00 was accepted. On motion of Councilman Graves, seconded by Councilman Shipsey, the following resolution was introduced. Resolution'No. 1038, (1962 Series), a resolution increasi the 1962 -63 budget. (Account No. 250.6) Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Donald Q. Miller,. Gerald W. Shipsey NOES: None ABSENT: Miss Margaret McNeil 8. J. H. Fitzpatrick, City Clerk, reported to the City Council that the City had received one (1) bid for comprehensive, general, public liability and auto fleet insurance, for the year of 1963, and the bid was received from the Truck Insurance Exchange for $11,740.00, which was a slight reduction over the prior year in insurance. The City Clerk recommended that the low bid of Truck Insurance Exchange be accepted. On motion of Councilman Shipsey, seconded by Councilman Graves, the low bid was accepted. 9. On motion of Councilman Shipsey, seconded by Councilman Graves, the.following resolution was introduced. Resolution No. 1029 (1962 Series), a resolution increasing the 1962 -63 budget. (Account No. 152) Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey NOES: None ABSENT: Miss Margaret McNeil 10. At this time the City Council held a Public Hearing on the matter regarding construction of sidewalks and or curb and gutters under the provisions of the 1911 Improvement Act. The City Clerk, J. H. Fitzpatrick, read a communication from C. A. Maino, stating thal he was willing to place sidewalks in front of his properties but as he is contemplatii improvement on these properties, he wished to hold off so that he would not have to place curb cuts at more than one (1) place. -5- J The City Clerk read a communication from Mrs. Nora Saunders asking that the City Council continue the sidewalks along their property on both street frontages on both Patricia Street and Craig Way. The City Clerk then read a letter dated November 30, 1962, from D. F. Romero, City Engineer, regarding the sidewalk situation at 124 Highland Drive, (property of J. Barry Smith). Dr. J. Barry Smith appeared before the City Council protesting the inclusion of his ' parcel under this program as the City at one time had the right to have the sidewalks placed when the adjacent properties were improved and subdivided, and does not believ that he should now be required to put in sidewalks as he believes that it would cost him between $3,000 and $4,000 to put in a retainer wall in addition to the required sidewalks. Councilman Miller stated that the present Council has embarked on a program to place curb,gutter and sidewalks throughout the City upon the urging of citizens and the PTA groups-.:and once started, he does not believe that any property should be'excepted from this program as it is being followed on a plan suggested by a citizen's cd®ittei and approved by the City Council. Mr. Raymond Vincent, 415 Patricia Drive, appeared before the City Council protesting the inclusion•of his property on this program under the 1911 Act as the entire tract in which his property exists has over 100 houses which do not have sidewalks and just because one lot in the adjoining tract has sidewalks, he has to place'siiewalks, whit] no•one else in the tract has to do. He further stated that he did not object primarily to the installation of sidewalks, but did object to being singled out when the balance of the tract does not have sidewalks and apparently cannot be forced to install them. Councilman Graves explained that only under the provisions of the 1911 Act could the City require sidewalks to be installed and only under the condition that 50% of adjoii ing properties are improved. ' He continued that these recommendations were made by a citizen's committee urging that the City improve all streets with sidewalks for use by pedestrians. Councilman Miller stated that he and Councilman Graves are going to meet with representatives from the Quintana P. T. A. in an attempt to have the P. T. A. spear head a drive to have all the property in the second MacMillan Tract improved with sidewalks. He then explained the City's procedure in allowing the cost of improvemen to be carried for three (3) years by the City at a low rate of interest. Mayor Davidson stated that this program was initiated for the safety of-pedestrians, particularly children walking to and from school. Also, the City should consider the requiring of only the minimum type of improvement of each property. He also suggested that possibly the parking could be discontinued in front of 124 Highland Drive and allow pedestrians to walk in the street area in front of this property. Councilman Shipsey stated that if this project at 124 Highland Drive'was going to cost the property owner $3,000 to $4,000 and was primarily for the use of school children, then he believed that the Quintana School should contribute by placing'sidewalks on the school property fronting Highland Drive in order to help protect the children going to and from the school. Mr. Houser, City Attorney, explained the definition of "block" as pertaining to the 1911 Act. Dr. Smith stated again that he objected on the basis that his property had been exempted from the subdivision requirement in the past and this present Council now had changed this and included him under the 1911 Act. On motion of Councilman Graves, seconded by Councilman Miller, that a four (4) foot integral sidewalk be allowed to be placed in front of 124 Highland Drive'in order to help reduce the cost of the sidewalk to the property owner. Motion not carried on the following roll call vote: AYES: B. L. Graves, Jr., Donald Q. Miller NOES: Clay P. Davidson, Gerald W. Shipsey ABSENT: Miss Margaret McNeil -6- Councilman Shipsey suggested that the City defer action on this problem at 124 Highland Drive until the School District has had the opportunity to contribute to the placement of sidewalks on the Quintana School Highland Drive frontage-. Dr. Middleton appeared before the City Council as a citizen and former School District member and stated that the School District does not have any money for construction of sidewalks at this time. On motion of Councilman Shipsey, seconded by Mayor Davidson, that J. Barry Smith:,s objection be held over for Council's consideration for two (2)'meetings. Motion not carried on the following roll call vote: , AYES: Clay P. Davidson, Gerald W. Shipsey NOES: R. L. Graves, Jr., Donald Q. Miller ABSENT: Miss Margaret McNeil Mr. John Cook, 1292 Sydney Street, appeared before the City Council and objected to being included in this program as his property faces three (3) streets and believes that he is being unjustly treated in this matter. Mr. Harvey.Reinhardt, 1284 Sydney Street,. objected to being included under the 1911 Act as he does not believe the requirement of a block as there are nine (9) residents on this block and four have sidewalks and five do not have sidewalks and he does not believe that this comprises 50% or more. Mr. Cook stated that presently he has a hedge on three (3) sides of his property which would have to be moved in order for the sidewalk to be placed and which, he claimed, will reduce the value of his property as this will expose property to three (3) street frontages. Councilman Graves explained the recommendation to the City Council of the Council appointed committee which was appointed to study the sidewalk problem in the City and to make recommendations to the City Council to implement and encourage the installation of sidewalks throughout the City. Councilman Graves then briefly explained the recommendations of the Citizen's Committee which was to place sidewalks were as follows: (See August 24, 1962, sidewa report) -' Councilman Graves continued that all trees removed for placement of sidewalks will be replaced by the City. Mr. Cook asked that the City Council look into these matters very carefully before ordering this type of work done by the tax payers because of the hardships involved and further that he could not afford to improve the sidewalk on Reba, Sydney and Augusta Streets. After discussion of the City Council there was a motion of Councilman Graves, seconde by Councilman Miller, that the City would advance money for any property owner who wished to improve his property with sidewalks, curb or gutter anywhere in the City, limited to residential properties only. Motion carried. Mr. Scott, 296 Warren Way, questioned the matter of being required to place sidewalks on one side of his property as no one else in the tract has sidewalks or is to replac sidewalks. He questioned his being picked out without anyone else in the tract being required to put in sidewalks. On motion of Councilman Graves, seconded by Councilman Miller, that the City Council delay action to allow the Council to look into the protestors problem and to take action at the December 17, 1962 meeting. Motion carried. 11. At this time the representatives of the Sierra Vista Hospital and the Chiurch of the Latter Day Saints appeared before .-the Council regarding the acceptance by the City of the street known as Deseret Street. Mr. Romero, City Engineer, presented the following brief history regarding this stree Deseret Place was built to City standards several years ago, but had never been formally accepted by the City., A previous City Council-had determined that it would accept a fully improved street, including sidewalks, on the northerly side of Deseret Street, and would accept only to the back of curb around the.bulb and on the southerl side. He explained that:•this was done because the property owners did not wish to install concrete sidewalk around the bulb and on the southerly side, but that the -7- i 1 Council in turn had not wished to accept any portion of a street which had not been constructed'to City standards. . Mr. Romero explained that the applicants engineer had never described the property to be deeded as a street and, therefore, the City had never accepted the street although a previous Council had agreed to do so. Richard F. Harris, Attorney representing Sierra Vista.Hospital, appeared before the City Council and explained the background of the.development ' of this street by the church and the hospital. He explained that the original discussion with the City, the hospital had enlarged the street right of way at the'City's request and as no oni faces on this cul de sac street except the hospital, church and the Stenner Family, whose property is under option to the hospital, he believes that the street should be accepted in its present condition by the City. Further, he stated that while the official minutes of the City do not show it, a former Council agreed to accept the street if certain conditions were met by the hospital and church, which he stated have been met, and urged that the City respect the original commitment by a former Council. Dr. J. Barry Smith, representing the Sierra Vista Hospital, stated that-he was a member of the City Council at the.time that the Council agreed to accept the street for maintenance as it presently exists and further stated this action was taken by the Council;sitting•in official session, but, unfortunatly, this action was not shown in the minutes. Mr. R. Harris stated that at no time had the hospital believed that the City would not accept this street as they had complied with each and every request of the City for acceptance and had they known that the City was now going to require additional conditions before acceptance, they would not have gone to the expense of placing the street-in - its present condition. On a motion.of Councilman Graves, seconded by Councilman Shipsey, that the City accept the maintenance on the full street width where the sidewalks are installed and improvements to the back of curbs where no sidewalks are installed as there is nc need for sidewalks at this time. If at any.time new additions.to the hospital or church are made, then sidewalks will be placed in accordance with the City ordinance and the land to be deeded to the City for sidewalk area at no cost to the City, subject-to an agreement to be prepared by the City Attorney in regards to future development. Motion carried. 12. At this. time the Mayor declared a Public Hearing open on Resolution No. 1021, (1962 Series) a resolution declaring the intention of the City Council to modify the acquisition and improvements of the Parking District No. 1 of the City of San Luis Obispo adding additional.landscaped off - street parking lot and fixing the time and place for hearing and giving notice thereof. Y No one appeared before the City Council. The Mayor declared the Public Hearing closed. On a motion of Councilman Graves, seconded by Councilman Shipsey, the following ordinance was introduced. OrdinanceNo. 249 (1962 Series),.an ordinance modifying Ordinance No. 86 (1958 Series), to provide for additional acquisitions and improve- ments for Parking District No. 1. Passed and adopted on the following roll call vote: AYES: Clay P: Davidson, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey NOES: None ABSENT: Miss Margaret McNeil On a motion of Councilman Shipsey, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1033, a resolution increasing the 1962 -63 budget and rescinding Resolution No. 1031. Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Dona WA.�,Miller, Gerald W. Shipsey NOES: None ABSENT: Miss Margaret McNeil Z. R. D. Miller, Administrative Officer, reported to the City Council on the Bissell parcel being purchased by the City for Parking Lot No. 7; that the former owner had offered to demolish the property at no cost.to the City. Mr. Houser, City Attorney, stated that this would depend on the situation when the City calls for bids and also that a private citizen who did not hold a valid license for demolishing buildings might cause complications in the bidding. Mr. Miller also stated that the Historical Society asked if it.were possible to design a parking lot so the Little Mill adobe building could be retained for use by the public.. After discussion regarding proposed Parking Lot No. 7, there was a motion of Councilman Graves, seconded by Councilman Miller, that the Mayor be authorized to sign the amended escrow instructions to pay for the Bissell parcel after January 1, 1963: 15. Communication from W. Young Louis reporting on the history of his photographic operation at 350 Lincoln Avenue. Mr. Louis stated that they acquired the first studio in 1946 and they have continued to do photographic work since that time, doing all the processing in a workshop in their home and that they have been doing this work for the past eleven (11) years at 350 Lincoln Avenue and have received no complaints from their neighbors and have always tried to operate quietly with no public business at their home and the first complaint which was filed was by two (2) other photographers in the City whose reason for complaining was obvious and thanked the City Council for their considera- tion in this matter. Report from J. W. Abraham, Director of Planning and Building, stating that he had investigated the complaint of Mr. Wagers and Mr. McLain and stated that his investigation shows that Mr. Young Louis was using his home to process photographs which was permitted as a home occupation under the 1947 ordinance, it was his- opinion that they have an existing non - conforming use by right of their use of the property prior to the current zoning ordinance and may remain as A con- conform- ing use until such time as their operation ceases for a period of one (1) year. ' On motion of Councilman Shipsey, seconded by Councilman Miller, the matter was ordered taken from the agenda. 17. At this time the City Council considered final passage of Ordinance No. 240, an ordinance amending the Municipal Code by' adding provisions for regulations governing Planned Development Districts. • ' On motion of Councilman Graves, seconded by Councilman Miller, the ordinance:_- -.was finally passed on the following roll call vote: AYES: Clay P. Davidson; R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey NOES: None ABSENT: Miss Margaret McNeil 18. At this time the City Council considered final passage of Ordinance No. 247, an ordinance leasing sewer farm grazing land to B. J. Connolly. On motion of Councilman Miller; seconded by Councilman Shipsey, the ordinance was finally passed on the'following roll'call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Donald Q. 'Miller, Gerald W. Shipsey NOES: None ABSENT: Miss Margaret McNeil 19. On motion of Councilman Shipsey, seconded by Councilman Miller, the following resolution was introduced. Resolution No. 1030 (1962 Series), a resolution transferring funds and increasing the 1962 -63 budget. ($9,500 from the Water Fund to the Off- Street Parking Fund and Off- Street Reserve Capital Outlay being increased by $22,000).' Passed and adopted on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey NOES: None ABSENT: Miss Margaret McNeil 20. At this time the City Council considered final passage of Ordinance No. 248, an ordinance rezoning a portion of property in the "Freeway Addition" annexation. ' On motion of Councilman Graves, seconded by Councilman Miller, the ordinance was finally passed on the following roll call vote: AYES: Clay P. Davidson, R. L. Graves, Jr., Donald Q. Miller, Gerald W. Shipsey NOES: None ABSENT:. Miss Margaret McNeil 21. On motion of Councilman Shipsey, seconded';by Councilman Miller, the Mayor was authorized to accept on behalf of the City and record a Grant Deed from the followin property owners: Thomas P. and Virginia C. Weatherman and Walter W. and Lorraine J. Korntved. These Grant Deeds are for street widening purposes. 23. Communication from Frank P. Donovan, contractor constructing the Yoakum sewer and water project, requesting an extension of twenty (20) working days for completion of this work. ' Mr. Donovan stated that this request is necessary because of the hard rock and difficult conditions encountered on the Perkins Street sewer line. D. F. Romero, City Engineer, reported to the City Council on the progress of the wor by Mr. Donovan, stating that he has not been satisfied with the progress of the work as the contractor has poorly planned and managed his work which has caused him the delay in completion. He stated that he had no objection to extension for completion if this was the wish of the Council. On motion of Mayor Davidson, seconded by Councilman Miller, extension was granted to December 20, 1962. 29. Communication from theLakewood Associates requesting that the City accept the off - street improvements in Tract No. 234. Mr. Romero, City Engineer, reported there were no particular problems in this acceptance except that the subdivision agreement required that the planting on Madonna Road and Los Osos Road maintain for ninety (90) days before acceptance of the tract and that the City wished to keep the Parapet Wall cap on Madonna Road until winter rains are over. The contractor has filed a check to pay removal of the concrete Parapet cap when removed by the City. Held over to next meeting in accordance with City policy. 31. Mayor Davidson reviewed for the City Council's information of action taken by the City Council in regard to requesting a proposal from Smith and Williams to act as a consultant for the design of the Mission Gardens or Plaza. Councilman Graves offered to meet with the two (2) local Architectural firms and _ outline the scope of the project for their consideration in submitting a proposal.i:.',; 9n---motion of Councilman Shipsey, seconded by Councilman Miller, Councilman Graves was authorized to meet with local Architects and define the scope of the Mission Plaza or Gardens project for their consideration in submitting a proposal. Motion carried. 38. Communication from the City Planning Commissions informing the Council that as requested, the Planning Commission has reviewed the building setback line on Mayor Davidson stated that at the time of the discussion, consideration was made on asking local Architects to also submit proposals, but no action was taken on this alternate, so the Mayor suggested that in all fairness, that the City Council reques proposals from at least the two (2) local firms of Architects with the City Council setting the scope of the project. . Councilman Graves offered to meet with the two (2) local Architectural firms and _ outline the scope of the project for their consideration in submitting a proposal.i:.',; 9n---motion of Councilman Shipsey, seconded by Councilman Miller, Councilman Graves was authorized to meet with local Architects and define the scope of the Mission Plaza or Gardens project for their consideration in submitting a proposal. Motion carried. 38. Communication from the City Planning Commissions informing the Council that as requested, the Planning Commission has reviewed the building setback line on