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January 24, 1989 <br /> <br />335 <br /> <br />specifications and inspection $or the repair of the Effingham Tan~ <br />by AEC Engineers. Once bids are received, a further appropriatior <br />will be requested to cover the actual repair contract (currently <br />estimated at $79,000). The 198~-89 CIP earmarked $92,400 for this <br />project. ,, <br /> <br /> I., therefore, recommend approval of the appropriation in the <br />amount of $13,200 and award of contract to AEC Engineers to <br />provide for~design and inspectionservices.' " <br /> <br /> ~otio~ of Mr. Simpson and seconded by Mr. Gray, the motion <br />was adopted on first and final reading, and the following <br />ordinance was adopted on first reading, and by the following vote: <br /> <br /> "AN ORDINANCE TO APPROPRIATE $13,200.~ FROM THE PUBLIC <br />UTILITIES CAPITAL IMPROVEMENT FUND FOR THE PREPARATION OF PLANS <br />AND SPECIFICATIONS AND INSPECTION.~FOR REPAIRS TO THE EFFINGBAM <br />ELEVATED WATER TOWER." <br /> <br /> Ayes: Barnes, Corprew, Gray, Hawks, Lucas, Simpson, Webb <br /> N · <br /> ays. None <br /> <br /> 89-34 Letter from the City Manager recommending adoption <br />an ordinance to close a portion of Perry Street. <br /> <br /> "Mr. John H. Grimes has requested that the City close Perry <br />Street which is located off Victory Blvd. near the intersection o~ <br />Afton Parkway. The closure request involves a 720 x 30 foot <br />section of unimproved right-of-way. The owmer of the adjacent <br />property indicates that the additional land would be used in <br />conjunction with an expansion of a private marina on Paradise <br />Creek. <br /> <br /> This request has been reviewed favorably by the road viewers <br />which were appointed by City Council on October 11, 1988. The <br />Planning Staff recommended denial of the closure in order to <br />retain the right-of-way for possible future public access to <br />Paradise Creek. The Planning Commission concurred with the <br />Planning S%aff recommendation-by 3-2-1 vote to recommend denial of <br />the closure. The key Issue is the protection of public access to <br />the major waterways within the City. From past discussions with <br />the City Attorney, conditions drawn to protect the public in such <br />instances: <br /> <br /> 1. A perpetual easement, privilege and right-of-way to <br />install, operate, maintain and replace electric power lines and <br />telephone lines be reserved for the' City. <br /> <br /> 2. For the benefit of citizens, the right <br />ingress along the closed street during the hours <br />the adjacent marina shall be reserved for public <br /> <br />of egress and <br />of operation of <br />use. <br /> <br /> 3. The right of ingress and egress shall include, but not <br />limited to, the right of temporary tying of boats at the end of <br />the property for the purpose of loading and unloading of pleasure <br />boats. <br /> <br /> 4. The right of ingress and egress shall specifically not <br />include the right of persons to fish, crab or swim on or adjacent <br />to the subject property. <br /> <br /> I, therefore, recommend adoption of the proposed ordinance <br />for a closing of Perry Street with the conditions as noted." <br /> <br /> Motion of Mr. Gray and seconded by Mrs. Lucas, the following <br />ordinance was adopted on first and final reading, and by the <br />following vote: <br /> <br />"AN ORDINANCE CLOSING A PORTION OF PERRY STREET." <br /> <br /> <br />