04-27-87 v MINUTES OF THE WORKSHOP MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT CITY HALL ON APRIL 27, 1987 AT 9:00 P.M.
Mayor Howell called the meeting to order at 9;00 p.m. for the purpose of
discussing a suitable and equitable trade of property for the proposed right-of-way
which infringes on city owned property relative to the Selva Linksides Project.
Those present were Mayor William S. Howell, Commissioners Robert B. Cook, Sr. ;
Glenn A. Edwards; William I. Gulliford, Jr. , and John W. Morris, Jr. ; City Manager
Richard C. Fellows; City Clerk Adelaide Tucker; Representatives of Selva Linksides,
Mr. John A. Merritt, and Louis MacDonell. Several property owners were also
present.
Mr. MacDonell offered background information from their original petition
requesting the city grant an easement for right-of-way at the northern end of the
proposed project, up to the present time of swapping some of their land for the
right-of-way. He asked the Commission for direction on what they wanted in exchange
for the right-of-way.
Commissioner Gulliford suggested they swap the entire parcel of the north end of
city owned land north of the Public Works Building for something of comparable
value adjacent to the lagoon north of 11th Street approximately 100'- 150' wide.
Commissioner Morris felt the city would then be providing Selva Linksides with a
buffer for their project. A lengthy discussion followed on how the land would be
used (leave under-brush as a buffer, develop a park and allow people to fish, etc.)
Mayor Howell reminded the Commission the city owned land in Selva Lakes and the
public was not using it. The ponds were left in their natural state with no main-
tenance. Commissioner Morris quoted the adjacent neighbors "would rather see single
family homes across from them than a public city park, as they did not know what
would happen to the park in the future."
Commissioner Gulliford asked if there was some legal way to put a restriction to
keep the property existing in its natural state and could not be changed, would
they have no objections to Selva Linksides project. Mr. Billy Bucanhan, 1510 Selva
Marina Drive spokesman for the group, said "if we could get some assurance of deed
restrictions, or whatever, that it would be left like that, let's not be too
greedy, until 2095 or something like that reasonable. . .laughter. . seriously, if we
could do something with deed restrictions or something like that, we know we would
have 100-100' buffer, you've got our blessings".
Mayor Howell said there was no way you could deed restrict public property, anymore
than there was any guarantee in the future, when they were no longer on the
Commission, the city might rezone the property for multi-family, not single family.
That was why he had tried from the beginning to get a protection area for those
property owners. Mrs. Jackson said they did not want it open for a park, and she
was told they couldn't have both.
During discussion on the proposed swap, Mayor Howell reminded the developers the
city would have to retain a 25' easement for the outfall line to the St. Johns.
Mr. MacDonell assured the Mayor they were aware of the easement.
Mr. Bucanhan again said if they had the Commission's assurance that they would do
everything in their power to keep the land as a buffer, they would not have a
PAGE TWO
WORKSHOP MINUTES
APRIL 27, 1987
problem, as long as they knew there would still be some trees and vegetation across
the lagoon. Commissioner Gulliford said there was one easy way to restrict it-
by running the first 10-20' from 11th northward you would cut down the size of
the parcel that was deeded to the city to such an extent that it would make it
useless for future development. It would always remain as a natural buffer.
Commissioner Cook commented the welfare of the city would be at a loss if they did
not retain that parcel as a nature park just like it was south of 11th St. The
developers first proposed swap provided it was going to be swapped in its present
state, and the only access could be fenced.
Commissioner Morris said personally, he would prefer to see the nature buffer stay
there, but that was not what the adjacent property owners had told him. Mr.
Bucanhan said that was the first time they had really discussed the whole problem
and now they had no problem with the buffer.
Following an agreement by all parties for the swap except for technicalities, Mayor
Howell suggested, in all fairness to everyone, an appraiser be hired to appraise
both proposed parcels of land. Commission agreed. A lengthy discussion followed.
Mayor Howell expressed concern on how the other property owners not present would
feel about their decisions. The ones present were against the swap, but they were
now for it. Mr. Bucanhan said three of his neighbors told him he could speak for
them. The suggestion was made for Mr. Bucanhan to get a petition signed by the
adjacent property owners stating they had no objections.
Commissioner Morris said, for the record, originally, personally, to have that
piece for woods was fine with him because he liked that strip of woods, but
those people had their concern that they would rather have it privately owned so
city folk wouldn't be tromping around and swimming and fishing. If they would
rather see the woods, he was with them 200%.
Commissioner Gulliford expressed the opinion the Workshop had been successful.
Two items accomplished were the Commission had requested Mr. Bucanhan have some-
thing in writing for at least the majority of the neighbors agreed with what had
been proposed and the second was to have the proposed property appraised. The
suggestion was made for the City Attorney or the City Manager to obtain an
independent appraiser. Mayor Howell reminded them no decisions could be made at a
Workshop meeting. It would all be brought up at the meeting of May 11th, and the
expense of an appraiser before the Commission meeting could be wasted. They agreed
to contact an appraiser to be placed on a waiting list, but not for him to start
before May 12th.
Following discussion, Mayor Howell adjourned the meeting at 10:30 p.m.
ART
AGENDA
CITY OF ATLANTIC BEACH
April 27, 1987 - 7:15 PM
Call to Order
Invocation and Pledge to the Flag
1. Approval of the Minutes of the Regular meeting of April 13, 1987
2. Recognition of visitors
3. Representatives of Deloitte, Haskins and Sells to discuss the
inventory system study report as well as the single audit report
for the fiscal year ending September 30, 1986
4. Action by the City Commission to approve Change Order No. 2 in the
amount of $3,495.40 on the Sewer Rehabilitation Cleaning and
Sealing project, and authority to make final payment to Southern
Line Cleaning
5. Commission Approval to declare certain items surplus and dispose of
same at public auction
6. Action by the City Commission in regards to contract award on
construction of a new Public Safety Building
7. Action on recommendations from the Community Development Board with
public hearings to be set for May 11, 1987 for the following:
A. Application for exception for a home occupation by Curtis
Loftis at 182 Magnolia Street
B. Application for exception for a home occupation for William
Valley of 606 David Street
C. Application for exception for a home occupation for Michael
Kaufmann, 316 Sixth Street
D. Application for exception for a contractor's office with no
outside storage and an automotive service garage for Pan Am
Investments at 800 Mayport Road
8. Action on Application of Nathan Hale for an exception from the
sewer moratorium in Section H to install a septic tank on Lot 6,
Block 197
(Community Development Board recommends approval)
9. Action on Resolutions:
A. Adoption of Resolution No. 87-14 authorizing the City Manager
to execute and file an application on behalf of the City for
grant assistance for proposed major sewer system rehabilita-
tion
B. Adoption of Resolution No. 87-13 for First Coast support of a
program called "Just Say No To Drugs"
C. Adoption of Resolution No. 87-11 saluting the BEAKS orga-
nization and its founder, Cynthia Mosling
D. Adoption of Resolution No. 87-12 authorizing the City Manager
to file an application for grant assistance with the Depart-
ment of Natural Resources to repair and replace sand fencing
along Atlantic Beach
E. Adoption of Resolution No. 87-15 approving Budget Adjustments
10. Action on Ordinances:
A. Introduction and first reading of Ordinance No. 75-87-6
amending Ordinance No. 75-67-2 to delineate signal lights and
stop signs on through streets, and setting of a public hearing
for May 11, 1987
B. Introduction and first reading of Ordinance No. 09-87-120
proposing to rezone Lot 80 in North Atlantic Beach Unit 2 from
RS2 to RG1 on the application of Ellen Price and setting of a
public hearing for May 11 , 1987
C. Public hearing and final reading of Ordinance No. 90-87-119
amending the Zoning Ordinance to provide procedures for
requesting deviations from the parking requirements of the
City Code
11. Action by the City Commission to accept for maintenance the public
improvements in the Dean Russell project in Section H
12. Miscellaneous
Adjournment
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT CITY HALL ON APRIL 27,1987 AT 7 :15 P.M. V V
O O
T T
PRESENT: William S. Howell, Mayor/Presiding Officer E E
D D
Robert B. Cook, Sr.
Glenn A. Edwards
William I. Gulliford, Jr. M S
John W. Morris, Jr. , Commissioners
0 E
AND: Richard C. Fellows, City Manager T C
Claude L. Mullis, City Attorney I O Y
NAME OF ONEN
Adelaide R. Tucker, City Clerk COMMRS. N D S 0
The meeting was called to order by Mayor Howell. The invocation,offered
by Commissioner Cook was followed by the pledge to the flag.
1. Approval of the minutes of the Regular Meeting of April 13, 1987
Motion: Minutes of the Regular Meeting of April 13, 1987 be Cook x
approved as written. Edwards x x
Gulliford x
No discussion before the vote. Motion carried unanimously. Morris x x
* * * * * * * * * * * * * * * * * * * * ;: * * * * * * * Howell x
2.Recognition of visitors - None
J. Representatives of Deloitte, Haskins and Sells to discuss the
inventory system study report as well as the single audit report
for the fiscal year ending September 30, 1986.
Ms. Linda Sherman offered a brief report on their inventory system study
authorized by the Commission in January, 1987. The major findings includ-
ed: developing more detailed inventory records for the city as well as
centralizing an inventory tracking system. The centralized location
could be at the Public Works Building, or wherever the city might determine
would be the most feasible location to store the inventory. She sugges:ed
the city first develop good manual procedures for tracking, such as a
cardex file system. Once that system was in place and the procedures had
been streamlined, the city could consider developing an automated system
for tracking the inventory, possibly a personal computer. Ms. Sherman
was asked how many line items they had estimated, and she said there
would be approximately 1,000 items to be controlled. At the present time
the city inventoried for an accounting purpose rather than an actual
management control, and both should be incorporated into the system.
Following discussion, the Mayor thanked Ms. Sherman for her report.
Miss Susan Tripp presented their single audit report on the Federal
and State Grant programs for the City of Atlantic Beach for FY 1986.
She reviewed the reporting format with the Commission. Mayor Howell
thanked Miss Tripp for her report.
;ayor Howell asked the Commission to take action on item 9C at that
time. There was no objection from the Commission.
PAGE TWO V V
MINUTES NAME OF
APRIL 27, 1987 COMMRS. MSYN
9. Action on Resolutions - 9.0
Mayor Howell presented Resolution 87-11, a Resolution adopted April 13,
1987, saluting the Beaks Organization for their work in saving oil cover-
ed birds during the recent oil spill, to its founder, Ms. Cynthia Mosling.
He told her the organization had done a super job in saving hundreds of
the birds, and extended the grateful thanks and appreciation of the resi-
dents and citizens of the City of Atlantic Beach. A standing ovation was
given Ms. Mosling. She thanked the entire city for their help and said
over 1300 citizens in the beaches area had offered their help during the
emergency.
4. Action by the City Commission to approve Change Order No. 2 in the
amount of $3,495.40 on the Sewer Rehabilitation Cleaning and Sealing
Project, and authority to make final payment to Southern Line Cleaning.
Mr. Fellows reported that inadvertently the consulting engineers over-
looked some of the items in the project. He recommended approval of
the Change Order to close out the contract.
Motion: Approve Change Order No. 2 in the amount of $3,495.40 on Cook x x
the Sewer Rehabilitation Cleaning and Sealing Project, Edwards x
and authorize the City Manager to make final payment to Gulliford x x
Southern Line Cleaning. Morris x
Howell x
No discussion before the vote. Motion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
5. Commission Approval to declare certain items surplus and dispose of
same at public auction
Motion: The listed items be declared surplus and disposed of at Cook x
public auction. Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
6. Action by the City Commission in regards to contract award on con-
struction of a new Public Safety Building
Mayor Howell noted at the last meeting, the Commission had awarded the
contract, subject to sufficient funds being available. The amount of
$450,000 was available from the initial Fla League of Cities loan.
He suggested in lieu of taking the $250,000 from the Fla. League loan
that was earmarked for sewer rehabilitation of the lines presently being
done, to take that money from some remaining $687,000 which was in the
sewer R & R fund for FY 86-87. Then take $250,000 from the Bond issue
and roll it over into the Public Safety building. With no objections
Lrom the Commission, Mayor Howell presented Resolution No. 87-16 in
:ull, in writing.
•
PAGE THREE V V
MINUTES NAME OF
APRIL 27, 1987 COMMRS. MSYN
6. continued
Motion: Passage of Resolution No. 87-16. Cook x x
Edwards x
Gulliford x x
During discussion before the vote, Commission Morris said he had Morris x
asked Melody Linger to give them a break-down on why the cost Howell x
came in so much higher than the original estimate. Mr. Fellows told
him the land site was a major cost. It was very expensive to build
on piers, but it was more expensive to remove what was there and re-
place with clean soil. There were also three design additions that
were approved by the Commission, the fire bays enlarged, and one
area in the police dept. and one area in the fire dept. enlarged.
Also they voted to have the hose tower which was costly. Several
requirements set forth by the State had also driven the cost up.
Commissioner Morris asked the possibility of moving the building
site over to the south. Mayor Howell told him everything west of
the ditch was land fill. Following discussion, the question was
called and the motion carried unanimously.
* * * * * * .. * * * * * * * * * * * * * * * * * * * ..
7. Action on recommendations from the Community Development Board
with public hearings to be set for May 11, 1987 for the following:
A. Application for exception for a home occupation by Curtis Loftis
at 182 Magnolia Street
B. Application for exception for a home occupation for William Valley
at 606 David St.
C. Application for exception for a home occupation for Michael Kaufmann,
316 Sixth St.
D. Application for exception for a contractor's office with no outside
storage and an automotive service garage for Pan Am Investments at
800 Mayport Road
Motion: Accept all listed applications for exception and set Public Cook x
Hearings for May 11, 1987. Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
8. Action on Application of Nathan Hale for an exception from the sewer
moratorium in Section H to install a septic tank on Lot 6, Block 197
The Community Development Board recommended approval of Mr.Hale's request.
He assured the Commission he was building his home and not a rental unit.
Cook x x
Motion: Request for exception on Lot 6, Block 197, Section H by Edwards x
Mr. Hale be approved. He will convert to city's system Gulliford x x
when available. Morris x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PAGE FOUR V V
MINUTES NAME OF
APRIL 27, 1987 COMMRS. MSYN
9. Action on Resolutions
A. Resolution No. 87-14
Mayor Howell presented in full, in writing Resolution No. 87-14, a
Resolution pertaining to the submittal of application to the Florida
Department of Environmental Regulation for Major Sewer Rehabilitation
Construction Grant Assistance.
Motion: Passage of Resolution No. 87-14. Cook x
Copy of said Resolution attached hereto and made a part Edwards x x
Thereof. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
B. Resolution No. 87-13
Mayor Howell presented in full, in writing Resolution No. 87-13, a
Resolution committing the city to joining in "Jacksonville and the First
Coast Says No To Drugs".
Motion: Passage of Resolution No. 87-13. Cook x
Copy of said Resolution attached hereto and made a part Edwards x x
thereof. Gulliford x
No discussion before the vote. Motion carried unanimously. Morris x x
* * * x * ;: * * * * :r * * * * * * * * * * * * * * * * * * * * Howell x
C. - Taken up earlier on the Agenda.
D. Resolution No. 87-12
Mayor Howell presented in full, in writing Resolution No. 87-12, a
Resolution authorizing the City Manager to file an application for grar.t
assistance with the Department of Natural Resources to repair and replace
sand fencing along Atlantic Beach.
Motion: Passage of Resolution No. 87-12. Cook x
Copy of said Resolution attached hereto and made a part Edwards x x
Thereof. Gulliford x x
Morris x
Commissioner Gulliford asked if the city had any discretion as to the Howell x
type of fence the city could use. Mr. Fellows will research for a
better fence. The question was called and the motion carried unanimously.
* * * * * * * * * * * * * * *- * * * * * * * * * * * * * * *
E. Resolution No. 87-15
4ayor Howell presented in full, in writing Resolution No. 87-15, a
Resolution transferring certain monies between funds.
PAGE FIVE V V
MINUTES NAME OF
APRIL 27, 1987 COMMRS. MS Y N
Action on Resolutions - continued E.
Motion: Passage of Resolution No. 87-15. Cook x
Copy of said Resolution attached hereto and made a part Edwards x x
thereof. Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
10. Action on Ordinances
A. Ordinance No. 75-87-6- First Reading
AN ORDINANCE AMENDING ORDINANCE NO. 75-67-2, BEING AN ORDINANCE ENTITLED
AN ORDINANCE ADOPTING THE FLORIDA MODEL TRAFFIC ORDINANCE FOR REGULATING
THE MOVEMENT OF ALL VEHICULAR, PEDESTRIAN AND OTHER TRAFFIC WITHIN THE CITY
OF ATLANTIC BEACH, FLORIDA; AMENDING SECTION 1 , SCHEDULE III, TO AUTHORIZE
THE PLACEMENT OF STOP SIGNS AT CERTAIN INTERSECTIONS ON OCEAN BOULEVARD
AND EAST COAST DRIVE; PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 75-87-6 on
first reading.
Motion: Passage of Ordinance No. 75-87-6 on first reading. Cook x
Edwards x x
Gulliford x x
Commissioner Morris asked if the Ordinance was simply a matter of Morris x
record keeping. The Mayor told him the Model Traffic Ordinance was by Howell x
State Statute and the city had designated Ocean Blvd. , East Coast Drive,
Sherry Drive, and Mayport Road as through streets. Stop signs had been
placed on some of the through streets and he felt the authority to place
stop signs should rest with the Commission by voting on an amendment to
the Ordinance. The City Attorney added if stop signs were placed the city
was liable, and if they were placed, they had to be maintained safely.
The question was called and the motion carried unanimously. Mayor Howell
set the Public Hearing for May 11, 1987.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
B. Ordinance No. 90-87-120 - First Reading
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING THE LAND DEVELOPMENT CODE AND THE OFFICIAL ZONING MAP
OF THE CITY OF ATLANTIC BEACH, FLORIDA, TO REZONE LAND OWNED BY ELLEN C.
PRICE, AND DESCRIBED AS LOT 80 NORTH ATLANTIC BEACH UNIT NO. 3 HERETO
FROM RS-2 RESIDENTIAL SINGLE FAMILY TO RG-1 RESIDENTIAL GENERAL TWO
FAMILY AND PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 90-87-120 on
first reading.
Motion: Passage of Ordinance No. 90-87-120 on first reading. Cook x x
Edwards x
No discussion before the vote. Motion carried unanimously. Mayor Gulliford x x
Howell set the Public Hearing for May 11, 1987. Morris x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
•
PAGE SIX V V
MINUTES NAME OF
APRIL 27, 1987 COMMRS. MSYN
Action on Ordinances - continued
C. Ordinance No. 90-87-119 - Final Reading and Public Hearing
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 24, ARTICLE III, DIVISION 7, SECTION 24-161
TO PROVIDE A NEW SUB-SECTION (i) WHICH SAID SECTION PROVIDES PROCEDURES
FOR REQUESTING DEVIATIONS FROM OFF-STREET PARKING AND LOADING REQUIRE-
MENTS; PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 90-87-119 on
second and final reading. Said Ordinance was posted in line with Charter
requirements. He opened the floor for a Public Hearing and invited
comments from the audience. As no one spoke for or against the Ordinance,
the Mayor declared the Public Hearing closed.
Motion: Passage of Ordinance No. 90-87-119 on second and final Cook x
reading. Edwards x x
Gulliford x x
Commissioner Morris expressed concern relative to the Ordinance not Morris x
addressing the off-street parking problems the city had. It only Howell x
clarified what was already in the Code. Mr. Fellows explained during
the extensive hearings on Ragtime, it was mentioned several times that
he variance procedure was not the correct procedure to require or
request deviations from the Parking Regulations. It should be done
by exception, and said he could not find that listed in the Code.
Mr. Fellows added that he and Mr. Mullis were working on an amendment
to the Parking Ordinance, and hope to submit it at the next meeting.
Commissioner Morris asked if it would be practical to open portions
of the beach for parking, perhaps one or two blocks. Several said no.
Following discussion, the question was called and the motion carried
unanimously.
* * * * * * * * * * ;; * * * * * * * * ;: ;: * ;: *
11. Action by the City Commission to accept for maintenance the public
improvements in the Dean Russell project in Section H.
Mr. Fellows reported he had received all documentation on the project
which involved water and sewer lines on Stock and Hibiscus Streets.
Motion: Accept for maintenance the public improvements for the Dean Cook x
Russell project. Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * * ;; * * ;: * * * * * * * * * * * * * * * * * * * * * Howell x
12. Miscellaneous
;ommissioner Cook asked the City Attorney to research for ways to
)btain a five (5') foot easement at 17th St. to the beach. Mr. Mullis
will report back at the next meeting.
Commissioner Edwards said he had discussed with the City Manager
PAGE SEVEN V V
MINUTES NAME OF
APRIL 27, 1987 COMMRS. MS Y N
Miscellaneous - continued
the problem of enclosing carports and installing fences without permits.
He suggested that all city employees watch on their way back and forth
to work and when they saw violations, bring it to the attention of their
supervisor and he would report their findings to the City Manager.
Commissioner Edwards also reported on the lack of proper driving and
parking at the Post Office. He had noticed they drive into the exit
side and come out the entrance creating bad traffic problems. Mayor
Howell told him the post office was currently looking for a new site.
Commissioner Morris asked if Mr. Fellows had received a copy of a letter
from Mrs.Gale Meshaw and the concerned parents of Magnolia. Mr. Fellows
said yes. He wrote Mrs.Meshaw the city was going to evaluate the problen.
The Police Chief had also written a letter to set up a meeting with the
concerned parents. The problem will be resolved.
Commissioner Gulliford expressed the opinion the next time verbatim
minutes were requested, they should pursue some other alternative. Mayor
Howell reminded the Commission all advertised public hearings state "if
a person decides to appeal any decision made by the City Commission wita
respect to any matter considered at any meeting or hearing, he will need
record of the proceedings, and for such purpose he may need to ensure
,hat a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which appeal is to be based". The City
Attorney said to challenge any decision, you should have a court reporter.
Commissioner Gulliford said a request for verbatim minutes was an undue
burden on the clerk unless there was something paramount relative to
those proceedings. He added he would respect the majority rule on ask-
ing the clerk to produce verbatim minutes of a proceeding rather than
on an individual basis.
Mayor Howell informed the Commission of a problem on Beach Avenue
relative to a portion formerly known as Garage Approach Roadway.
It was assumed the road was public, but apparently it was not a
publicly dedicated road, only dedications for the property to be
used for ingress and egress. In January, 1987 the city issued a
building permit to Mr. & Mrs. Russell to build a duplex at the
northerly end of the street and entered into a contract with them
to furnish water and sewer. There seemed to be some indication the
city might run into problems in attempting to serve Mr. Russell
with sewer and water. He had asked the City Attorney to prepare
a Resolution authorizing Eminent Domain proceedings to acquire
perpetual unobstructed easement for water and sewer services over the
described property and authorizing the City Attorney to file
condemnation suit therefor.
-layor Howell presented in full, in writing the Resolution, No. 87-17
authorizing the City Attorney to institute condemnation proceedings.
He said the Resolution was only to condemn insofar as an easement
to install water and sewer lines, not the taking of the property as
a street. The city would assume no maintenance of the street.
PAGE EIGHT V V
MINUTES NAME OF
APRIL 27, 1987 COMMRS. M S Y N
Miscellaneous - continued
Mr. Russell was in the audience and said his house would be completed
by July 1, 1987. A lengthy discussion followed on the cost of filing
and other courses that could be followed. One of the property owners
stated no one had contacted them to discuss the problem, and suggested
the matter be discussed with all the property owners before filing a
condemnation suit. During discussion, Lynn McManus, one of the property
owners, said they had paid Pete Dowling to tap into his sewer line. They
did not have city water. The City Attorney would contact their attorney
within the next few days if the Resolution was adopted unless the
property owners had reached an agreement.
Motion: Passage of Resolution No. 87-17. Cook x x
Edwards x x
Gulliford x
No discussion before the vote. Motion carried with a three to two vote. Morris x
Commissioners Gulliford and Morris voted nay. Howell x
* * * * * * * * * * * * * * * * * * * * .. :: * * * * *
There being no other business to come before the Commission, the Mayor
declared the meeting adjourned at 9:00 p.m. The Mayor reminded the
Commission a Workshop Meeting would be held immediately following the
ommission meeting.
Will am S. Howe 1
Mayor/Presiding Officer
ATTEST:
Adelaide R. Tucker
City Clerk
41
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