HomeMy WebLinkAbout10-15-1969 City Council Minutes SARATOGA CITY COUNCIL
SU~4ARY OF MINUTES
TI~E: Wednesday, October 15, 1969 - 7:30 P.M.
PLACE: Saratoga Council Chambers, 13777 Fruitvale Ave., Saratoga, California
TYPE: Regular Meeting
I. ORGANIZATION - Mayor Tyler called the meeting to order at 7:34 P.M.
A. ROLL CALL
Present: Councilm~n Tyler, Dwyer, Robbins, Sanders and Smith
Absent: None
B. MINI~ES
Moved by Mr. Smith, seconded by M~. Sanders that the minutes be approved
as mailed with the following amendments: Page 9, Paragraph 12 - add
Carried Unanimously. Page 6, Pars~raph 8, last line should read "prosecuted"
rather than "persecuted". Page 7, Item 1, add to first paragraph "and the
petitioners were invited to meet with the Planning Commissioners to develop
such a plan and it would then be reconsidered." Carried and so ordered.
Councilman Robbins abstained.
II. BIDS & CONTRACTS - None
III. FEfITIONS, ORDINANCES AND FORMAL BESOLUTIONS
A. RESOLb~ION NO. MV-20 - Establishing Stop Intersection at Prospect for
Traffic Entering from ViaiRoncole.
RES~'LN This resolution is in line with the new policy of placing stop signs
MV-20 at thoroughfare intersections.
STOP SIGN
PROSPECT & Moved by Mr. Smith, seconded by Mr. Dwyer to adopt Resolution No. MV-20.
VIA RONCOLE Carried and so ordered.
In response to a question from Mr. Sanders, Mr. Huff stated that the staff
is conducting a t.raffic study at Prospect and Miller and Council can ex-
pect a report at the next meeting.
B. RESOLUTION N0.~506 - Resolution Creating Architectural Advisory Committee
Mr. Sanders reported that in January, 1969 the Architectural Committee of
RES'LN 506 the Saratoga Chamber of Commerce proposed formation of an Architectural
ARCHITECTURAL Subcommittee of the Design Review Committee of the Planning Commission.
ADVISORY The Committee has studied this proposal with the Design Review Committee
COI~'ITE~ with particular attention given to the composition and operation of the
subcommittee and the standards of design review. Resolution No. 506
establishes an Architectural Advisory Committee to assist the Design
Review Comm~ ttee in executing its responsibilities and the Planning
Committee recommends adoption of this Resolution.
Moved by Councilman Robbins, seconded by Councilman Dwyer to adopt
Resolution No. 506 with the following changes:
Paragraph 4 to read: "BE IT FURTHER RESOLVED THAT the Architectural
Advisory Committee shall consist of a panel of at least three (3)
suitably qualified residents of the City of Saratoga, to be appointed
by the Mayor, with advice and consent of the Council~ and to serve at
the pleasure of the latter. Term of office shall be otherwise four
(~4) years and shall begin January 2~."
Paragraph 5 to read: "The members of the Committee shall be properly
qualified by training and experience to act effectively in their
functions and responsibilities." Carried and so ordered.
C. PETITION from Saratoga Creek Subdivision Residents re Area ]~evelopment
PETITION. Mr. Huff stated that he had a petition from several residents of the
SARATOGA Saratoga Creek Subdivision which is on Cox Avenue requesting that the
CREEK Council provide time for the residents to appear before the Council
SUBDIVISION and discuss completion of the development. The residents are concerned
RESIDEI~fS about the landscaping along the fence on Cox Avenue. Mr. Nuff reported
SARATOGA CITY COUNCIL MINUTES
OCTOBER 15, 1969
that this project was under study. The residents were told by the Developer
that he had posted a bond for landscaping at such time as provision was made
for maintenance. Several residents had petitioned for the formation of a
maintenance district and the Public Works Department has submitted a
description of the boundaries to the County surveyor and County Assessor
which is a pre-requisite to formation of a maintenance district. Mr. Smith
asked that residents be notified of the status of this matter.
IV. SUBDIVISIONS, BUILDING SITES AND'.ZONING REQUESTS
A. TRACT 4477 - Stoneson Construction Company
1. Continuation of Request for Park and Recreation Fee Credit.
TR'~'-4477 Mr. Robbins' reported that Mr. Rodriguez had:requested a reduction in
Stoneson his park fee on the basis that some of his facilities would be used for
Construction the public. This matter was referred to the Planning Commission, which
Request for recommends credit for the pathway, the pedestrian bridge and the common
Park and green area east of the creek on the condition that the public be
Recreation guaranteed access to the facilities. Mr. Huff reported that the pathway
Fee Credit itself is shown as an easement on the final map. The area east of the
creek is the subject of an Offer of Dedication for Park and Recreation
Purposes which was prepared by the Planning Department for Stoneson
Company's signature. The pedestrian bridge goes across the Flood
Control area.
Mr. Walker stated that the bridge spans the Flood Control Fee Title
right-of-wa~ and it might be necessary to obtain some type of encroach-
ment from them. The bridge openings at either end would be onto lands that
were either offered for dedication for public use or shown on the map as
public easement. Flood Control is aware of the proposed construction of
this bridge. The City Attorney'commented that Section B.7 of the City
Code says that Flood Control are only to receive easements. Our condition
was that Stoneson wotLld build the bridge before he gave Title to Flood
Control.
Moved by Mr. Robbins that the Committee Report be approved, subject to
the condition that the public access be provided to the pathway bridge
and common green area. Seconded by Councilman Smith. Carried and so
ordered.
B. Proposed Agreement for Care, Maintenance and Operation of Condomin~ium
Development
Agreement for City Attorney stated that the form is basically correct but referred
Care, Maint. it back to the Planning Director for some corrections with regard to
and Operation the Site Development Plan and the Landscape Plan which are deemed to
of Condominium be part of the improvement plans which are subject to the bond that is
Development put up for the improvements.
Moved by Mr. Robbins that. the Mayer be authorized to sign this agreement
with Stoneson Company, subject to approval of form by the City Attorney.
Seconded by Councilm~n Smith. Carried and so ordered.
B. 'TRACT 4B44 - Acceptance of Improvements for Construction in Tract
TR. 4344 Mr. Huff ,reported that the improvements have been satisfactorily completed
Acceptance in the. abdve tract and recommended acceptance of improvements for construction
of Improv'ts only. Moved by Mr. Smith, seconded by Mr. +Robbins. for acceptance of improve-
'merits for construction in Tract 4B44. Carried and so ordered.
'C. TRACT 4536 ,
:
TR. 4536 Mr. Huff reported that the Parks & Recreation Commission had reviewed the
Claude ::request from Claude Lindsay, Inc. to delete the pathway and landscaping on
Lindsay, Inc. : P.G. & E. right-of-way. WithOut objection, the matter was referred to the
: Planning Comm4ttee to review the Pa~ks a~d'Recreation report and recommend
Council action.
SARATOGA CITY COUNCIL MINUTES
OCTOBER 15, 1969
V. PUBLIC HEARINGS
A. GENERAL PLAN REVIEW - Continuation of Public Hearing on General Plan
Review
1. Park Element of General Plan
Public Rearing opened at 8:07 P.M.
PARK Mr. Huff reported that he had received letters from Mr. Richard A.
ELEMENT Mahrer, Anita L. Eagletqn, 13405 Surrey Lane and Mrs. Ned R. Powley
OF 'l'n~ supporting the central park; and the first two letters also supporting
~ the neighborhood park proposed on Allendale Avenue.
Mr. Huff then reviewed the recommended park sites area by area and
the Mayor invited the public to comment on the proposal in each area.
Area ~l - The park proposed in this area by the Parks and Recreation
Commission is the parcel east of Azule School. The Planning Commission
agreed with this recomnendation and also recommended retaining the
designation of the corner of Prospect and Highway 85 as an entry park
to the City.
Mayor Tyler stated that ~he had no objection to leaving the corner on
the General Plan but pointed out that the land is extremely expensive,
commercial property and he doubted that we could obtain it as a park
site.
Mr. James Naugle, representing the Prides Crossing Home Owners
Association, stated that relative to the corner site, he agreed
wholehesrtedly with the Parks Consultant. He stated that size does
not permit its use as a neighborhood park and that the only concept
or use would be as a monument type entrance to the City of Saratoga.
He felt that the use of .the parcel as a park would be a waste and
that the visual~ impact~t. the city entrance would be the only benefit.
Area.~2 - The Parks & Recreation Commission designated a ten acre
triangle fronting on Scully Road and a~jacent to the future West
Valley Freeway; and 3½ acres fronting on Saratoga Avenue and tying
in with an existing vacant lot facing on Radoyka Drive. The
Planning Commission endorsed both these park sites.
Mr. Naugle stated that his Association considered these parcels
as extremely important and would like to restate a comment made at <~
a Parks and Recreation meeting as to the possibility of linkage of
the two sites on either. side of the freeway, ~specially prior to the
freeway being built and possibly incorporating it into state planning
to keep the connection. In addition, the matter of a central park
comes up from the standpoint of the concept of moving the central park
away from the geographic center of the city to the population center of
the city. At the meeting of the Prides Crossing Home Owners Association
the members voiced considerable favor toward moving the site out of the
Herriman Avenue area. Dr. Abr-m~ has proposed a development on Cox and
Saratoga but is having trouble getting funds. He is not opposed to the
City purchasing the land for a park site. One of the shortcomings of
the Park Consultant, in the opinion of Prides Crossing Home Owners
Association, is that he considered only areas of land which were not
spoken for - tracts which had not been filed or plans where zoning
changes were not in progress. Mr. Naugle felt that this area did provide
access or boundary along the creek. He continued that all elements
suggest it could be a very! d~-~rable parksite and one that bears
consideration as a central park.
Mayor Tyler pointed out that one of the reasons Mr. Beck did not
consider this was that we wanted an optimum plan, but within reason.
In other words, something that would be possible to obtain. Mayor
Tyler also suggested that it might be advantageous to show the link
across the future West Valley Freeway.
Moved by Mr. Robbins, seconded by Mr. Smith that the Planning
Commission be asked to consider the link between the Azule site and
the Scully site. Carried and so ordered.
Area ~3 - A portion of the E1 Quito Park School site is shown as a
_ ~ _
SARATOGA CITY COUNCIL MINUTES
OCTOBER 15, 1969
neighborhood park by both the Parks and Re_c~eation and the Planning Cornre1 ssion.
The Parks and Recreation Commissionlr~comnends that this be expanded by the
addition of a portion of commercial area at Cox Avenue. The Planning Comm~ ssion
concurs ·
~r.Ulmer, 13004 Paseo Presado stated he would like to reaffirm the great need
for a park in this area, and questioned the stage of development with regard to
this park site.
Mayor Tyler explained that the Council is establishing a general plan for parks
and the next step will be for the Council to determine priorities on acquisition
and funding. In response to a question from Mrs. Ulmer of the same address as
to what sort of time plan the Council envisioned, Mayor Tyler estimated some time
next year.
Area ~4 - Parks and Recreation Commission recommends the lot adjacent to Gardiner
Park fronting on Portos, the grove of oak trees near the end of Chester; the larger
neighborhood park area fronting on Allendale between the Latter Day Saints and
Serbien Orthodox Churches; a parcel (3 acresl adjacent to Sobey Road south of
Chester; and three to eight acres northeast of Dagmar.
The Planning Commission recommended that the lot adjoining Gardiner Park be
acquired. They did not recommend additional parks in the area bounded by
Allendale, Fruitvale and Quito Road (areas 4 and 5), pr~m-~ily because of the
very low density development in that area, although they did recommend the
designation of a site on Allendale to serve higher density. They did not
recommend the oak grove.
Mr. Smith questioned whether these recommendations against acquisition of
parks were based on planning reasons or cost considerations, particularly in
reference to the last twe sites.
Mr. Walker replied that he thought the oak grove and the site on Allendale
were based on planning reasons because of the low density of development.
Mr. Smith stated with regard to the Oak grove that if we had the money he
felt it would be of benefit ~o the whole city. Mr.Dwyer felt the oak grove
should remain. Mr. Robbins felt that it should remain on the General Plan
but as low' priority. ~
Mrs. Duffy, Parks and Recreation Commissioner, stated her opinion that she
would be in favor of including all the recommendations in the General Plan
because it is a 25 year plan and we should be considering an optimum, idealistic
plan for the total picture.
Mr. Naugle added that when areas are designated on the General Plan as parks,
it is possible, when people file for development of these tracts, for the City
to have the benefit of looking at the area and, if necessary, stopping the
development. He stated his displeasure at the fact that some of the low~er
priority sites in high density areas were not included.
Mayor Tyler noted that the second and third priorities have been referred
back to the planning Commission for reconsideration.
Mr. Huff pointed out that the Council is/obligated to refer any prgpQse_d
changes to the Planning Commission for study and recommendation, but that the
Council is not°bound to the decision of the Commission.
Mr. Wade, former Chairman of the Park~ and Recreation Commission, stated that
parks cover many different types of uses and the community should have the
opportunity to view these different considerations. Ultimately a decision
has to be made whether the public is willing to invest its money into ownership
:of things of beauty which are availa]jle for public enjoyment..
Moved by Mr. Smith, seconded by Mr. R0bbins that the grove of oak trees and
the park site on Allendale be referred back to the Planning Commission for
further study.
Mr. Sanders wondered if we should refer all areas back to the Planning
Commission and have them point out the planning reasons for turning down
specific recommendations. However, Council did not feel this was desirable.
SARATOGA CITY COUNCIL MINUTES
OCTOBER 12, 1969
Park Element of General Plan - Continued
Area ~5 - Park and Recreation Con~nission recommends a two acre parcel near E1
Camino Grande and the Planning Commission recommends that this parcel be deleted
based on the fact that this ~is a low density area and they do not feel park sites
are necessary in this area. Without objection referred back to the Planning
Commission.
Area ~6~.- Parks and Recreation Commission recommendation included the'six acre
parcel adjacent to Hakone Gardens; portion of the school district land adjacent
to Saratoga School in the area off Forrest Hills Drive; the 4th Street right-of-
way from Oak Street to Big Basin Way; and a portion of ten acres extending from
Saratoga Los Gatos Road to Mendohlson Lane. The Planning Commission recommends
only the first parcel - extension of Hakone Gardens.
With regard to the 4th Street area, it was pointed out that Mr.Beck felt this
might be desirable as a mall area for outdoor art exhibits and sidewalk fairs.
Mrs. Duffy thought there was some work being done by the parking district and
felt the city should consider the visual aspects that careful design could create.
Moved by Mr. Smith, seconded by Mr. Sanders that the 4th Street strip be referred
back to the Planning Commission. Carried and so ordered.
Mr. Naugle stated that he got the impression from attending one Planning
Commission meeting that the CommissiOn tends to incorporate in their report to
some extent public feeling from current property owners in the area. The
suggestion was made that a portion of their report be sent back and asked for
specific planning reasons and he felt that the best place for public reaction
would be at the Public Hearing before' the Council.
Area ~7 - This area was extensively covered at the previous meeting and several
points were referred back to the Planning Commission. There was no additional
discussion at this meeting.
Area ~8 - The Parks and Recreation Commission proposal includes the Congress
Springs site, a triangle between the railroad and the freeway; the Argonaut
Shopping Center site (frontlug on Cox Avenue and running south towards the
shopping center); the area at Herriman Avenue and Saratoga Creek (the small
open area where tie road turns and runs along the creek) and Loma Rio Drive
adjacent t0' the church; the area along Saratoga Creek south of the high school;
Joint development with St. Andrews Church on Crestbrook near Saratoga Avenue;
and the parcel at the west end of Franklin Avenue.
The Planning Commission has approved the Congress Springs site, and the south
east corner of Cox and Highway 85 (this would be a change from the General
Plan designation of Professional Administrative. ) They recommend the Miljevich
parcel at Cox and Highway 85, a slight' revision over the Parks and Recreation
Commission recommendation.
Area ~9 - Includes the three lots adjacent to Foothill, which have recently been
acquired, plus two acres to expand this area to the east; an area of the Mathis
property along the extension of Paramount Drive; the Congress Springs Resort
site on Big Basin Way and Wildwood Park. Except for the low priority sites,
the recommendations of the Parks and Recreation Commission were approved by the
Planning Comml scion.
Mayor Tyler stated that with regard to pathways, he recommended no change in the
General Plan. It was the consensus of opinion of the Council Fthat ~the Planning
Commission be asked to reconsider the park sites referred back to~Ithe Commission
on the merits of long range planning only and that they not consider the current
need or cost factors.
Mr. Naugle felt that it would be extremely valuable to the citizens of Saratoga,
as far as knowing what was going on with regard to the Parks Plan to provide a
means of getting the information to them and suggested that the Mayor send out
another newsletter prior to the final consideration of the parks plan.
· SARATOGA CITY 'COUNCIL MINUTES
OCTOBER 15~ 1969
2. Change in General Plan Designation to Professional Administrative instead
of Community Commercial in the area along Saratoga-Los Gatos Road between
Oak Street and Our Lady of Fatima.
Moved by Mr. Robbins, seconded by Mr. Dwyer to adopt the recommendation
contained in the Planning Comm~ ttee Report of June 18, 1969 endorsing the
Planning Commission recommendation to designate this area as Professional
Admini strat ire.
AYES: Sanders, Robbins, Dwyer, Smith
NOES: Tyler
Carried.
To give the Planning Commission sufficient time to study and report on the
matters referred to it the Mayor ~ontinued the Public Nearing on the General
Plan to November 19, 1969.
MEETING RECESSED AT 9:45 P.M. AND RECONVENED AT 9:55 P.M.
V. B. Public Hearing on Proposed Abandonment of Portion of Sea Gull Way at Highway 85.
PROPOSE Mr. Beaudoin stated that he represented Mr. Galeb, and that he agreed to the
ABANDONMENT conditions of payment of the cost of abandonment and relocating of the Azule
SEA GULL WAY entry signs. Moved by Mr. Robbins, seconded by Mr. Dwyer that the Public
Hearing be closed.
Moved by Mr. Dwyer, seconded by Mr. Smith for adoption of Resolution No. 507
Ordering Vacation and Abandonment of Portion of Sea Gull Way. Carried and
so ordered.
VI. ADMINISTRATIVE I~'I'I'Ed~S
A. MAYOR - None
B. FINANCE
t. Payment of Claims
With regard to Warrant ~11546 ~ Pittsburgh-De Moines Steel Co. - $4,033.17,
Mr. Shook explained that this is for 24" and ~B" culvert pipe and presented
a memo outlining the projects on which it would be used.
Moved by Mr. Sanders, seconded by Mr. Smith for approval of Warrants Nos.
11500 to 115~9 inclusive in the amount of $59,979-59 and that the Mayor
be authorized to sign them. 'Carried and so ordered.
2. City Clerk's Financial Report - noted and filed.
3. Treasurer's RepGrt - noted and filed.
C.COUNCIL CO~4I'I'i'ES AND CO~[[SSION REPORTS - None.
D.DEPARTMENT EEADS AND GFFICERS
1. Department of Public Works
LEFT TURN (a) Mr.Shook reported that the left turn signals at the corner of
SIGNAL Cox and Saratoga are now in operation. They are still in a
COX & SARATOGA testing period; and hopefully we will see a reduction of accidents
at this intersection.
CULVERT - (b) Mr. Shook requested authorization from the Council to advertise
SOBEY CREEK for bids for the installation of a pipe culvert at Sobey Creek.
The existing 48" corrogated pipe has shown signs of extreme
distress in that the bottom has rusted out and it is only a
question of time until ~e experience a complete failure. The
City intends to acquire the material and solicit bids on the
installation.
Moved by Councilman Robbins, seconded by Councilman Dwyer for
authorization to advertise for bids. Carried and so ordered.
SARATOGA CITY COb'NCIL ~S
OCTOBER 15, 1969
STOEM (c) Mr. Shook requested approval for purchase and installation of a storm
DRAIN drain pipe on Bohlman at Kittridge Road. Moved by Councilman Dwyer,
PIPE seconded by Councilman Smith. Carried and so ordered.
BOELMAN & KITI'HIDGE
E. CITY MANAGER
(a) WVC-Saratoga Assessment District - Transfer of Title of Sanitary
Sewers - Fruit vale Avenue
TRANSFER OF Mr. Huff requested authorization for the Mayor to sign the Transfer of
TITLE OF Title for sanitary sewers on Fruitvale, which were constructed in con-
SANITARY junction with the Assessment District. Moved by Councilman Smith,
SEWERS - seconded by Councilman Robbins. Carried and so ordered.
FRUITVALE AVE.
(b) Mr.Huff referred to a request for the parishioners of Sacred Heart
Parish to have a "Champagne Party" at the front of the Council Chambers
on the night of October 26, in conjunction with a performance of the
Musical "Mame" being staged by the Saratoga Drama Group. Set up time
will be approximately 5:30 P.M. and the area will be returned to its
proper appearance at the end of the party. Moved by Councilman Smith,
seconded by Councilman Sanders. Carried and so ordered.
VII. COM~jI~ICATIONS
A. ORAL
ACCESS TO 1. Letter from Mrs. Doris Tougas, 2060~ Wardell Road with regard to access
PLAY A~EAS to play areas. Without objection referred to Public Welfare Committee.
WILD OAK WAY 2. Letter from Paul and Frances Flanagan, Patsy H.Acker, Dr.John S. Egbert,
RESU~FACING and Mrs. Harriet Q. Johnson of Wild Oak Way concerning re-surfacing.
This is a similar situation to Farwell Avenue - private vs. public
roadway. Without objection, referred to staff for study and report
back to Council.
VIET NAM 3. Letter signed by eleven people requesting City Council to endorse a
RESOLUTION resolution with regard to the war in Viet Nam. Both the letter and
the proposed Resolution were read aloud.
Mr. Robbins stated that the Saratoga City Council bass had a policy fc~
some time of not acting on this sort of thing. The Council restricts
its action to matters relating to local issues.
Mr. Smith affirmed that it has been council policy not to speak out on
non-local issues. He personally found the resolution non-objectionable.
He felt that here we had a situation which was both national and local.
He felt that the resolution was only asking for continuing withdrawal
of forces in Viet Nam. He felt that it was important that we show
concern about the loss of humanity ih Viet Nam and believed, as John
Kennedy'salad, that one man can make a~difference land that five
~ainly make a difference'F~ speaking out on this issue.
Mayor Tyler stated that he did not run on the basis of national or
international viewpoints and felt that if Council passed this resolution
it would be on the basis that they were representing the way the people
of Saratoga think and he did not feel he was elected for this type of
judgment or that the Council should consider this type of resolution.
Mr. Sanders pointed out that this was an issue over which people
become extremely emotional and concerned. He felt that his own views
had been outsspoken but he did not feel there was any way that he could
use his position on the Council to voice an opinion and carry with
it the opinion of the electorate of Saratoga. He felt that the City
councilmen did not have this role and would be violating the r~hts
of the people of Saratloga.
Mrs. Barbara Ulmer, 1330~ Paseo Presado, spoke from the audience.
She stated that she felt this was a~y local issue in that 550 men
from Santa Clara County, some of whom were residents of Saratoga, had
already been killed. She stated that the resolution was asking f~r
nothing radical but is supportint the President in what he is planning
to do. She stated that the Chicago City Council has adopted this
resolution, as did the Santa Clara City Council.
SARATOGA CITY COUNCIL ~NUTES
OCTOBER 15, 1969
Jacqueline Welch, 209R5 Jacks~Road stated that she had circulated the
petition and had collected ll names in just one day. She hoped that
Saratoga would be one of the communities which would stand up .and be
counted as concerned about the w~r.
~r. Beaudoin felt that there was too much of this that smacks of
pressure. He stated that he ~as in favor of peace but felt we should
direct pressure toward the North Vietnamese as well as Washington and
that thi~ was not a matter for council consideration.
Mr. Ulmer stated that the President needs the support of the people
and he felt that this was what the resolution was doing.
Mr. Ray Cook, Prides Crossing resident, stated that he elected his City
Council to vote on local, city matters.
~4r. Naugle added his endorsement and stated that he felt the Council
were not elected, as councilman, to act on national or 'international
measures or, for that matter, state measures, which effect the City.
Richard Bennett of Brookwood Lane felt strongly that the Council should
not. endorse this resolution and that the City Council are not elected to
do this sort of thing.
Geraldine English, Big Basin Way, voiced her opinion that the City
Council should endorse the proposed resolution.
Moved by Mr. Robbins, seconded by Mr. Dwyer that the City Council take
.n~o a_~ct_ion~_on the proposed resolution regarding the war in Viet Nam.
Motion 'withdrawn by Mr. Robbins on grounds that it appeared unnecessary
to'~c'tion. Mr. Dwyer concurred.
VII. ORAL
COMPLAINT Mrs. Price, a resident of Paseo Flores, ~approached the Council with regard
I~E DOG to a complaint about a German Shepherd dog owned by her mother-in-law. She
felt that this was a personal grudge from a particular neighbor.
Mayor Tyler explained that City ordinance requires a petition signed by three
people in order that staff can investigate and determine whether or not there
is a public nuisance.
At the request of the City Attorney, Mrs. Bork, a neighbor for 19 years
and Mr. Lamica, the neilghbor on the other side, reported that the dog was
not considered a nuisance by them and did not bark more than expected nor
did it run loose in the neighborhood. Mrs. Price also presented written
comnunications from ether neighbors on her block verifying this and these
were turned over to the City Attorney.
It was the consensus of the Council that the matter be referred~.to the
City Attorney to con~er with the Pl~.nning Director on final disposition
of the problem.
VIII. ADJOURI~ENT
Mayor Tyler acknowledged the presence of Planning Commissioner Krause,
and Parks and Recreation Commissioners Puffy and Wade; as well as Nrs.
NcGuire of the Good Government Group, who provided coffee dUring the
recess.
There being no further business to discuss, the meeting adjourned at
11:00 P.M.
1R~spectfully submitted,
J.~H~ff l~//
JRH:r