09/15/1969 - Laserfiche WebLink

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UNSCHEDULED ITEM NO, 1: Neidhart cont'd.: 06 allow the Town to install a path adjacent to the Neidhart property. City Manager stated the fence had been located in the public right-of-way and had been removed and the path installed at Town expense. City Attorney stated that the fence was public property due to its location in the public right-of-way and that there was no legal basis to expend public funds on private property, unless the Town could find public need for the fence. Council discussion ensued with Floor participation by Clayton J. Smith, Building Inspector, and Mr. Neidhart, Mayor Aiken noted it was unfortunate that the claim had not been presented in December, 1966, rather than waiting until 1969. MOTION, SECONDED AND CARRIED: Councilman Benson moved, seconded by Helgesson and carried unanimously, that the claim of H. A, Neidhart, 10779 Magdalena Road, for replacement of fence be denied. UNSCHEDULED ITEM NO. 2: STAFF REPORT ON REALIGNMENT OF SHERLOCK ROAD. City Manager reviewed summary of events, noting Mr. James Bell, 27471 Sherlock Road, had received tentative approval from the City Engineer to relocate a section of Sherlock Road in mid-July. City Manager stated that upon receipt of complaints and inspection, the realignment work had been stopped until a Site Development Permit had been granted by the Town. Letter was read dated 40 September 8, 1969 signed by five property owners adjacent to Sherlock Road stating their support of the relocation and their intent to not deprive anyone of any rights -o£ -way which exist over Sherlock Road. Mayor Aiken stated that, since Sherlock Road is a private road on private property, the Town's interest is restricted to whether Town ordinances have been violated and the only consideration before the Council is the require- ment of a grading permit. Council discussion ensued, with Floor participation by Thomas Williams, 18844 Dundee Avenue, Saratoga; Mrs. D. Miller, 13076 Vista del Valle Court; Mrs. J. G. Ronsiek, 13023 Vista del Valle Court; James Bell; David Jansson; and Commissioner L. Dawson. Letter dated August 30, 1969 from Mr. David Janssen was read in its entirety, at his request, stating free passage over Sherlock Road has been obstructed and requesting the Town to restore Sherlock Road to its original grade and alignment. City Attorney noted the following: 1) Any private road could be realigned and the only jurisdiction the Town would have would be to require compliance to Town ordinances, i.e., Site Development Ordinance No. 133. 2) The Town Staff has an obligation to see that the plan and complete road conform to Ordinance No. 133, but they have no jurisdiction to refuse to grant a site development permit if the plan conforms to ordinance requirements. 04W Mayor Aiken requested the Staff to review penalties that could be added to the Site Development Ordinance for enforcement by the Council, without court action (such as, double fees required when the ordinance is violated,) -3-