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CITY COUNCIL MINUTES - February 2, 1977 <br />ITEMS REMOVED FROM CONSENT CALENDAR (Cont'd): <br />3 a) LANDS OF SWYRYD, File #BSA6005-73: Variance & Permit Commission <br />recommends granting of request for building site approval subject to <br />conditions. <br />Mrs. Mary Cogliani, Leander Drive, expressed concern over a possible movement <br />of the earth on this piece of property based on past history, and stated that <br />she wished Council to be aware of this problem; that she would not be re- <br />sponsible because the property was located below hers. <br />City Engineer Alex Russell stated that he was aware of the previous problem, <br />where the retaining wall which existed at that time had not been adequate. <br />An agreement had been entered into privately between the property owners <br />affected and the soil had been recompacted and a new retaining wall built by <br />a structural engineer. <br />Councilman McReynolds did not feel the plan presented was adequate because it <br />did not take care of the flow of water from above or the sub -surface flows. <br />Commissioner Perkins stated that the Variance & Permit Commission had considered <br />the problems raised by Council and that it had been brought out during this <br />discussion that the earth would be reworked on this property under the strict <br />control of the Engineer. <br />[ When asked by Councilman McReynolds if the Town was under a responsibility to <br />fir' approve this request, City Attorney Frank Gillio stated that the Council should <br />satisfy themselves as to the requirements before making a decision. <br />Councilman McReynolds moved, seconded by Councilman Proft and unanimously carried <br />by roll call vote to postpone the request for building site approval, LANDS OF <br />SWYRYD, File #BSA6005-73, to the next meeting of Council, so the Soils Engineer <br />could be present to answer questions of concern for Council. <br />C. SPECIAL REPORTS: <br />1. Reports of Standing Committees: None <br />2. Reports of Ad Hoc Committees: None <br />3. Presentations from the Floor: <br />a) Mrs. Florence Fava, Moody Road: Regarding the Town's option to purchase <br />lands located on Moody Court from Mr. Alan Lambert, Mrs. Fava stated that she <br />had been told by the City Manager that the Agreement was for the purchase of <br />four acres only. She stated that, in 1968, the residents of Moody Court had <br />been promised that all of the lands would be kept in open space. She felt <br />there should be a thorough checking of the records regarding this matter. <br />Mrs. Fava stated that she was speaking, not only for herself, but for all <br />the residents in the neighborhood. <br />40, City Manager Robert Crowe stated that the Town had entered into a Lease <br />Option Agreement with Parkside Estates and Mr. Alan Lambert, a Limited <br />Partner. This option called for the Town to exercise its option to purchase <br />four acres on Moody Court within seven years, with six months prior notice <br />-2- <br />