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CASSELBERRY CITY COMMISSION Minutes of July 14, 2014 — Regular Meeting Page 14 of 15 pricing for the wall replacement and there was overwhelming approval by the association membership at that time requesting staff to proceed. He added that at that time staff requested that the homeowners' association work to acquire letters of commitment from the 29 property owners whose property abutted the wall, explaining that the wall was situated in such a way that it was technically owned by the individual property owners of those 29 lots. He further added that neither the City nor the homeowners association had any legal rights to the property on which the wall was located. Dr. Brock advised that at this time the homeowners association had obtained commitments from 28 of the 29 property owners, and had requested that staff bring the issue forward to the Commission at this time. He explained that the resolution being considered was the first real step in the special assessment process and was simply a declaration of the City's intent to use the method of collection to fund the special assessment so it would appear on the homeowners' property tax bill. He added that the assessment would appear on the tax bill for Fiscal Year 2016, but the intent needed to be executed by the Commission before January 1, 2015. He noted that then the homeowners' association could work to obtain the actual easements from the property owners rather than just the commitment agreements they have currently. Dr. Brock explained that if Resolution 14-2628 was approved at tonight's meeting, then the City Attorney would work to craft the easement language and staff would then depend on the homeowners' association to do the footwork to get the easements executed. He added that once that step was completed, the process would require two more detailed resolutions, including pricing of the project, and additional public notice to each affected property owner. He noted that approval of Resolution 14-2628 would be simply a statement of intent on the part of the City; it would not bind the City to do anything, but would give the City the option to do so. Budget Impact: None. Recommendation: The City Manager and the Public Works Director recommended approval of Resolution 14-2628. Public Hearing: Mayor Glancy opened the public hearing relative to Resolution 14-2628. The following individuals came forward: 1. Mr. James Fraleigh, 23 Teresa Court, spoke in opposition to Ordinance 14-2628, stating he felt the assessment constituted a raise in taxes and he felt the burden of replacing the wall damaged by construction of the flyover should have been borne by contractors who built the flyover and not passed down to the property owners. He also expressed concerns about the elimination of accessibility to the Sausalito development cause by construction of the flyover. 2. Mr. Ken Terrell, 682 San Pablo Avenue, stated was the current President of Sausalito Shores and agreed with Mr. Fraleigh's comments regarding the cost of the project. He also expressed appreciation to the City for the work done to improve the flyover with landscaping and the roundabouts in his community to help with traffic flow problems. He advised that his community was in approval of moving forward with the wall replacement and utilizing the special assessment method to pay for the project, and urged the Commission to do what it could to expedite the work. 3. Mr. John Casselberry, 700 South Lost Lake Lane, suggested that the City obtain some of the photographs of the flyover construction project taken by Mr. Robert Elliott. He stated that if the before and after photographs showed the wall had been damaged due to the construction,