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File #: 19-89    Version: 1 Name:
Type: Resolution Status: Passed
File created: 6/12/2019 In control: City Council
On agenda: 6/18/2019 Final action: 6/18/2019
Title: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LICENSE AGREEMENT FOR A FENCE AT 384 NORTH MAIN STREET. Brief Description: This resolution authorizes the City Manager to enter into a license agreement with Michael and Susan McNealis to allow them to repair and replace their longstanding fence within the City's right-of-way on N. Main Street in the Historic District.
Sponsors: David A. Basil
Indexes: Easements, Leases & License Agreements
Attachments: 1. License Agreement, 2. Resolution No. 19-89

Title

A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LICENSE AGREEMENT FOR A FENCE AT 384 NORTH MAIN STREET.

Brief Description:  This resolution authorizes the City Manager to enter into a license agreement with Michael and Susan McNealis to allow them to repair and replace their longstanding fence within the City’s right-of-way on N. Main Street in the Historic District.

Body

Legislative History

None.

Purpose & Explanation

Michael and Susan McNealis recently decided to repair and replace the previously existing fence in the front yard of their property.  The current (and proposed) fence is located within the City’s public right-of-way.  The replacement fence will go in the same location and be nearly identical to the existing fence which has been in the same location as it is today for many years.  After applying for a fence permit from the City, Mr. and Mrs. McNealis were informed by the CD Department that they needed a license agreement from the City to allow a fence to be placed within the City’s public right-of-way.  This resolution authorizes the City Manager to enter into a license agreement with Michael and Susan McNealis to allow them to repair and replace their longstanding fence on N. Main Street in the Historic District.  The proposed replacement fence received design approval from the Architectural & Historic Board of Review on June 12, 2019.

As a bit of background, this is not an issue of first impression.  Council has historically granted license agreements to property owners who wish to retain fences, signs, or other structures within the public right of way upon demonstration of need and/or historical significance.

Legal Authority for Proposed Legislation

Pursuant to Charter Section 6.04, Contracts & Purchasing:

                       Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])

                       Joint or Cooperative Purchase Program

                       Professional Services

  X                       Other, not applicable.

Fiscal Impact

                       Currently Budgeted (Account #, $)

                       Supplemental Appropriation Required (Account #, $)

  X                       Appropriation Not Required

Does this legislation require use of an emergency clause?

                       Yes [if so, explain why]

  X                       No

 

Recommendation

Suggested Action

Staff recommends passage of this Resolution.

Submitted by,

Jane Howington, City Manager

Thomas Sheridan, Assistant City Manager - Professional Services

Greg Hannan, Community Development Director