Minutes 06/13/1989 - Laserfiche WebLink

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TUESDAY, JUNE 13, 1989'. Council unanimously accepted and approved the updating of the City's Overall Economic DevelopmentProgram/Plan, as presented by the OEDP Committee under date of June 1, 1989.. In connection with the recent grading and placing of fill material by Mr. Roger L. Young at the rear of his property at 719 Mulberry Road and some concerns therewith registered by one or more adjoining property owners, City Manager Brown reported that such grading and placing of fill material are not subject to the requirements of the City's Erosion & Sediment Control Ordinance and, further, Mr. Young would be responsible to adjacent property owners for any damages to their properties and the City would have no cause to intervene. City Attorney Worthy concurred with Mr. Brown's findings in this matter and, in addition and by written opinion, stated that in the case of Mrs. Sarah Mansfield, whose property at 712 Finley Street abuts the Young property, Mrs. Mansfield" .... would have no civil remedy whatsoever against Mr. Young unless his fill in some way damages her land by flooding, erosion, or otherwise, in which event she should employ her own attorney and seek redress privately through an appropriate civil action." Thus, the City Attorney ruled that the City has no responsibility in this matter, which he described as a private dispute between individual land owners. Councilman Cole, however, pointing to the fact that sediment has washed from Mr. Young's property onto adjoining properties, expressed the opinion that the City ought to take steps to protect landowners in such instances, such as amending appropriately the City's applicable regulations, the application of which--as to the square footage involved in the case at hand determined by City Manager Brown--Mr. Cole took exception to. Mrs. Mansfield then presented photographs of the extent of Mr. Young's landfill/grading operations at various stages, as seen from the rear of