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• Zoning and Annexation Committee February 12,2001 Page 2 Following discussion, Council Member Coleman made a motion, seconded by Dr. Varner that Bill No. 1-01 be recommended favorably to Council. The motion passed. Council Member Ujdak noted that the Council received a letter dated February 9, 2001, from Mr. Oxian requesting that Bill No. 10-00 which would establish the property located at 3016 Portage Avenue as an historic landmark be continued until September (copy attached). Mr. Oxian however stated that he had been in touch with the Portage Manor Director and that they desired to go forward this evening. Mr. Hunt voiced concern that the entire area is being suggested for historic landmark designation. He noted that this is valuable acreage. Mr. Oxian responded that the Portage Manor Board would like all of the property included in the designation and that since the Manor is full they are operating with a waiting list. The Council Attorney noted that she and Council Member White met last year with the County Commissioners and discussed this proposed designation. The Commissioners requested to be kept advised on this matter. She noted that since the Bill was to be continued tonight that she had not advised the Commissioners that any proposed Council action would be taking place this evening. Dr. Varner stated that in light of the letter from Mr. Oxian which previously requested a continuance that he would be much more comfortable delaying action on this measure until the next Council meeting. Following discussion, Council Member Coleman made a motion, seconded by Dr. Varner that Bill No. 10-00 be continued until February 26, 2001. The motion passed. The Committee then reviewed Bill No. 52-00 which is a proposed ordinance to re-designate and re-establish as an historic landmark the property located at 108 North Main Street(JMS Building). Mr. Oxian noted that he had met with the owner of the building back in 1998 when the Council originally designated this building. He learned that the consent form contained several restrictions which he was unaware of and therefore did not send them to the Council in 1998. He stated that such designations are not to be subject to such conditions. Council Member King stated that he had reviewed a letter from the former Historic Preservation Director dated April 21, 1998 as well as the consent form. He also reviewed the Ord. No. 8915- 98 which the Common Council passed on June 22, 1998 (copy attached). He stated that he does not believe that it would be in the best interests to change the ordinance today and therefore would be against the proposed Bill. Dr. Varner suggested that the designation be left as it is today. Council Member Coleman noted that in rare instances there should be exceptions, however the conditions should be honored as agreed upon between HPC and the owner. Following discussion, Council Member Coleman made a motion, seconded by Dr. Varner that Bill No. 52-00 be recommended unfavorably to Council. The motion passe,