HomeMy WebLinkAboutMinutes - November 11, 1987SEE PAGE 284 FOR NOVEMBER 4, 1987 MINWES
This office represents Mr. Daryle Geweke who is the
purchaser, pursuant to a land sales contract, of three
adjacent parcels of real property, Parcels 428, #29 and #30
lying to the north of Kettleman Lane, east of Highway 99
and adjacent to Lodi City limits belonging to Orrind 0.
Kettleman. Said contract of sale recites that "the city of
Lodi is contemplating condemning approximately 10 acres of
said parcel #30".
We have reviewed the Master Plan of Park Base "C" adopted
by the City Council on October 15, 1986, and discussed the
proposed acquisition of the portion of parcel #30
specifically, timing, configuration, use and damages.
Mr. Geweke has instructed us to attempt to minimize the
adverse impacts the presently proposed acquisition would
have on Parcel #30 while attempting to equitably
accommodate the needs of the City of Lodi.
We subsequently contacted Mr. Ronald Stein, City Attorney,
and inquired as to how soon the city needed the property,
what methods were available to mitigate Mr. Geweke's
damages and how could we work with the City of Lodi in the
equitable resolution of these problems.
Mr. Stein advised that the City's department of Public
Works wanted to proceed immediately with the acquisition of
the property and the construction of the project; that as
the plan had been adopted by the City Council, it could
only be modified by the City Council; that we would
therefore have to direct our concerns and proposals for
mitigation to the City Council.
Will you please schedule this matter for discussion by the
City Council as soon as mutually convenient. As resolution
of these problems need to be explored through open
G.sal
CITY COUNCIL, CITY OF LODI
CITY HALL COUNCIL CHAMBERS
ADJOURNED REGULAR MEETING
WEDNESDAY, NOVEMBER 11, 1987
7:30 P.M.
The Adjourned Regular
Meeting of the Lodi City Council was called to order by
Mayor Evelyn Olson
at 7:30 p.m.
City Clerk Reimche
recorded the roll as follows:
ROLL CALL
Present: Council Members - Hinchman, Pinkerton,
Reid, Snider and Olson (Mayor)
Absent: Council Members - None
Also Present: City Manager Peterson, Public Works
Director Ronsko, City Attorney Stein, and City Clerk Reimche
REVIEW OF C -BASIN
City Manager Peterson reminded the Council that the matter
before the Council for discussion was the review of
CC -27(a)
C -Basin. The following letter which, had been received
CC -27(c)
from the Law Offices of Freeman and Brown who represent Mr.
Daryle Geweke was presented for Council review:
"Re: Park Basin "C"
Acquisition of Property
10 Acre Parcel
Dear Mayor and Council Members:
This office represents Mr. Daryle Geweke who is the
purchaser, pursuant to a land sales contract, of three
adjacent parcels of real property, Parcels 428, #29 and #30
lying to the north of Kettleman Lane, east of Highway 99
and adjacent to Lodi City limits belonging to Orrind 0.
Kettleman. Said contract of sale recites that "the city of
Lodi is contemplating condemning approximately 10 acres of
said parcel #30".
We have reviewed the Master Plan of Park Base "C" adopted
by the City Council on October 15, 1986, and discussed the
proposed acquisition of the portion of parcel #30
specifically, timing, configuration, use and damages.
Mr. Geweke has instructed us to attempt to minimize the
adverse impacts the presently proposed acquisition would
have on Parcel #30 while attempting to equitably
accommodate the needs of the City of Lodi.
We subsequently contacted Mr. Ronald Stein, City Attorney,
and inquired as to how soon the city needed the property,
what methods were available to mitigate Mr. Geweke's
damages and how could we work with the City of Lodi in the
equitable resolution of these problems.
Mr. Stein advised that the City's department of Public
Works wanted to proceed immediately with the acquisition of
the property and the construction of the project; that as
the plan had been adopted by the City Council, it could
only be modified by the City Council; that we would
therefore have to direct our concerns and proposals for
mitigation to the City Council.
Will you please schedule this matter for discussion by the
City Council as soon as mutually convenient. As resolution
of these problems need to be explored through open
G.sal
..2 iJ
Continued November 11, 1987
discussion, we would suggest an initial council study
session for that purpose. Unfortunately, Mr. Freeman will
be out of the country until the end of October. We will be
pleased at that time to present to you our concerns and our
proposal to mitigate Mr. Geweke's damages while
accommodating the needs of the City of Lodi.
Thank you for your consideration and cooperation. We look
forward to working with you and your staff in the equitable
resolution of this problem.
Very truly yours,
s/Gerald A. Sperry"
City Manager Peterson indicated that the City has, to date,
expended approximately $12,000 in the development of the
Master Plan for C -Basin.
City Attorney Stein elaborated on the City Manager's
introduction indicating that Mr. Geweke is asking that the
City change the configuration of the park basin in order
that his client might have a 600 foot property depth from
Beckman Road. Mr. Geweke has indicated that he would be
willing to pick up the costs involved for redesigning the
Master Plan for the requested reconfiguration of the park
basin.
The City's Consultant, Mr. Richard Biegler, addressed the
Council giving an indepth overview of the Master Plan of
C -Basin and responded to questions regarding the matter as
were posed by members of the Council.
Mr. Biegler pointed out that this is a special interest
park with natural landscape features. The proposed marsh
area would require low maintenance. The site, as it is
presently proposed, would hold the required volume of
water. Mr. Biegler indicated that he feels that it is an
outstanding plan.
Mr. Arlie Preszler, 1150 West Kettleman Lane, Lodi,
addressed the Council regarding the model airplane facility
at the site.
Mr. Gerry Sperry, Attorney-at-law representing Mr.Daryle
Geweke, Law Offices of Freeman and Brown, 1818 Grand Canal
Boulevard, Stockton, California, addressed the Council
stating that he feels that a car dealership is an
appropriate use of this land, and reiterating the request,
that the City change the configuration of the park basin in
order that his client might have a 600 foot property depth
from Beckman Road. Further, Mr. Sperry suggested that Mr.
Geweke employ Mr. Biegler to work out a redesign of Park
Basin "C" in a reasonable time frame that will accommodate
all requirements. Mr. Sperry further suggested that Mr.
Biegler's proposal for the redesign will be brought to the
City Manager for approval.
A lengthy discussion followed with questions being directed
to Staff, to Mr. Biegler and to Mr. Sperry.
Mr. Raymond Schaffter, 2200 Newbury Circle, Lodi,
representing the Model Airplaners, indicated that they
would like an opportunity for input during the replanning
process.
On motion of Mayor Pro Tempore Snider, Pinkerton second,
Council approved proceeding on Mr. Geweke's request with
the following directions:
Continued November 11, 1987
A) The Council does not necessarily want to change the
present facilities configuration of the Master Plan but
is willing to review an alternate plan.
B) Consultant Richard Biegler is to provide the City with
a time and cost proposal for the redesign.
C) The City and Mr. Geweke will review and approve Mr.
Biegler's proposal. Mr. Biegler will be retained by
the City for the redesign and Mr. Geweke is to be
responsible for all the involved costs.
D) Mr. Biegler is to work on a time and material basis,
not to exceed the amount of the proposal.
E) City staff time involved in the redesign will be
monitored and accounted for. Mr. Geweke is to
reimburse the City for these costs.
The motion carried by the following vote:
Ayes: Council Members - Pinkerton, Reid, Snider,
and Olson (Mayor)
Noes: Council Members - Hinchman
Absent: Council Members - None
Council Member Hinchman indicated that he is concerned
about a park facility being located behind a commercial
facility and that he feels it is in the City's best
interest to work with the original plan.
City Attorney Stein gave a status report on negotiations
with the Kettleman family regarding property acquisition in
the subject area.
ADJOURNMENT There being no further business to come before the Council,
Mayor Olson adjourned the meeting at approximately 8:20
p.m.
ATTEST:
Alice M. Reimche
City Clerk
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