City Council Minutes 2015 07 28 - Laserfiche WebLink

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City Council Meeting Minutes July 28, 2015 Page 12 of 28 not abiding by the laws and disagreed with most of the points made about the sale of the property. Mayor Muckle called for public comment and hearing none, closed the public hearing. City Attorney Light stated for the record, there is not any provision in Charter, the City's Ordinances or the Purchasing Policy, which requires the City Council to dispose of excess real estate solely for the purpose of a monetary consideration. The surplus property provision of the Purchasing Policy has related definitions that exclude real property. City Council could, if they chose, adopt such a policy; however the current policy does not have a provision that real property be sold for the highest monetary consideration offered. The City Charter requires any transfer of property be approved by ordinance. The purchase contract recognizes this requirement and states closing would not occur until the ordinance is approved. COUNCIL COMMENT Council member Lipton stated Council must represent the interests and values of their constituents. This entails balancing the economic interests, the social interests, preserving the small town character, and supporting small town businesses. He agreed with Mayor Muckle this is a fair value. He felt the small town character is supportive of the City's interest. He did not feel this was a business assistance project, nor a special deal for this business. He was in favor of the sale. MOTION: Mayor Muckle moved to approve Ordinance No.1698, Series 2015 on second and final reading, seconded by Mayor Pro Tem Dalton. Roll call vote was taken and the motion carried by a vote of 5 -1. Council member Stolzmann voted no. Absent: Council member Keany. GATEWAY ANNEXATION 1. RESOLUTION No. 50, SERIES 2015 — A RESOLUTION APPROVING AN AMENDMENT TO ADDENDUM TO THE GATEWAY ANNEXATION AGREEMENT 2. ORDINANCE No. 1694, SERIES 2015 — AN ORDINANCE AMENDING ORDINANCES Nos. 1165 AND 1166, SERIES 1994 CONCERNING THE GATEWAY ANNEXATION AND APPROVING AN AMENDMENT TO AN ADDENDUM TO ANNEXATION AGREEMENT — 2nd Reading — Public Hearing 3. RESOLUTION No. 51, SERIES 2015 — A RESOLUTION APPROVING AN AMENDMENT TO THE GATEWAY FINAL PLANNED UNIT DEVELOPMENT (PUD) TO MODIFY THE HEIGHT ALLOWANCE LANGUAGE ON LOT 1, BLOCK 1 FROM "1 STORY WITH A 26 FEET MAXIMUM BUILDING HEIGHT"