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<br />7/5/83 <br /> <br />Page -8- <br /> <br />in a given time; not be able to get all of <br />them at one time. <br />Administrator Wurl advised the maximum at <br />the present rate is 40 taps. Further stated <br />that these particular taps would be used at <br />either Mission Greens or Continental View <br />subdivisions and in terms of allocation <br />or phasing these 40 taps would be used up <br />by the end of the year. <br />Discussion not to change agreement. <br /> <br />VOTE ON MOTION <br /> <br />Question called for. All in favor. Motion <br />carried unanimously. <br /> <br />JOECKEL SEWER EASEMENT - <br />AUTHORIZE CONDEMNATION <br /> <br />Administrator Wurl stated attempts have been <br />made with Mr. Joeckel to negotiate an ease- <br />ment for the sewer line to Superior. and the <br />efforts were futile. Mr. Joeckel stated that <br />he would not negotiate for the easement - <br />is friendly, but has a major disagreement <br />with the City and ultimately may file suit. <br />The City's agreement with Homart prQvidesthat <br />in the event we are unable to negotiate the <br />easement - condemn the property. The appraisal <br />will be provided to us next week, and all costs, <br />i.e. the appraisal, court costs, land costs, etc. <br />will be borne by Homart. Requested Council's <br />authorization to proceed with condemnation. <br /> <br />Councilman Leary <br /> <br />Inquired what Mr. Joeckel's major disagreement <br />was with the City. <br />Wurl advised that his property is basically <br />split by Coal Creek and he cannot understand <br />why this was done as he wants to develop <br />both sides of the Creek or in the absence of <br />that would like to have all the density trans- <br />ferred to the north side. Sometime ago they <br />presented a proposal to the City that did not <br />go anywhere. Mr. Joeckel felt that was unfair <br />and eventually is going to sue. <br /> <br />AUTHORIZATION TO PROCEED <br />WITH JOECKEL CONDEMNATION <br /> <br />Councilman Cussen moved, Councilman Cummings <br />seconded that the City proceed with the <br />Joeckel sewer easement condemnation. <br /> <br />yor Meier <br /> <br />Inquired why the alignment as shown on the <br />map. <br />Administrator Wurl replied because it is in <br />the flood plain. <br />Commented in his opinion no one wished to <br />force condemnation on a person's property <br />but to complete a project of this size and when <br />negotiations fail there is no other alternative. <br /> <br />Councilman Leary <br />