1984-09-05 Regular Meeting and Public Hearing

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,... ""lIIl e e . Minutes, Regular Meeting and Public Hearing La Porte City Council September 5, 1984, Page 5 Councilperson Matuszak: I realize the issue involved here, and I also understand the problem that's associated with,' as Mr. Kiibler puts it, a place that's not on this earth.' How- ever, I also recognize that time has its way of es"tab lishing certain metes and bounds, I guess. I would find it rather remiss that this Council, or this City, does not make 'a statement of sorts in writing. And I would sugges't that if we can find the proper terminology to state something like "to the best of our knowledge, the encroachments do exist but at the moment they pose no hazard. If they do at .some time in the future involve or constitute an obstruction or hazard, that the fence be removed to an appropriate property line ,that's been established by time or by survey. That at the moment it does not pose such and until it does" such',' that we merely recognize that the encroachment exists." . There is some official recognition needed here; that some noti- fication given to Mr. Johnston that the "issue has been brought up and the City fully recognizes' it; however', ,based' on' the' present metes and bounds as we know'it, poses no hazard. But if in the future another Hurricane Alicia comes by, that instead of allowing this thing to continue, ,that at that time, perhaps, a determination be made - not at our expense at the owner's expense, before that fence is allowed to be reinstated it be established on a survey basis. And I feel that in many instances this would also apply in other areas. That's the way I feel about it. I think that right is right. If it's recognized that it's an encroachment, if it's recog- nized as not posing any threat to us and we recognize 'it 'as such. But we have to establish at some time that we 'are "not in a position at this point to resolve it in a monetary way or to set a survey out there to do it. But that we "recog- nize there's a problem there. If they want a more 'immediate' solution - the arguing parties in this - then perhaps they may have to go some litigate route. I feel it is incumbent upon us to make some kind of written statement how we feel. Mayor Cline: Coming before the Council tonight will be "of record that it was presented to Council. Any other comments from Council? . Councilperson Pfeiffer: Yes mam. I'd like to make "one" I- concur with Knox's statement that we have "a standing policy', and we must comply with it. I do realize "that there "is a problem; I foresee a larger problem if we 'are "to move 'on cor- recting the survey problem at this point. I guess tha,'t the policy stay as it has been. lIo.. ~