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HomeMy WebLinkAboutMinutes - April 2, 1969338 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS WEDNESDAY, APRIL 2, 1969 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m. on Wednesday, April 2, 1969, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - BROWN, CULBERTSON, KIRSTEN, SCHAFFER and HUNNELL (Mayor) Also present: Assistant City lvianager Peterson, City Attorney Mullen and Planning Director Schroeder. PLEDGE Mayor Hunnell led the Pledge of Allegiance to the flag. MINUTES On motion of Councilman Culbertson, Schaffer second, the Minutes of March 12 and March 19, 1969 were approved as written and mailed. PRESENTATION OF CERTIFICATES TRAINING Mayor Hunnell commended three City employees for having CERTIFICATES successfully completed training courses and presented them with certificates as follows: Peter Horst and Dan Pechin, Certificate of Completion in the Water Utility System Operator's Course; Marvin Miller, Water Pollution Control Plant Operator, Grade IV Certificate. PUBLIC HEARINGS REZONE 301 & 305 Notice thereof having been published in accordance with law, EDEN STREET Mayor Hunaell called for the public hearing on the proposal to rezone -zarcels located at 301 and 305 Eden Street from ORD. NO. 895 the C-1, Neighborhood Commercial District to the R -MD, INTRODUCED Medium Density Multiple -Family Residential District. Planning Director Schroeder introduced the matter showing a sketch of the area. There being no one in the audience who wished to be heard on the matter, the public portion of the hearing was closed. Councilman Kirsten moved introduction of Ordinance No. 895 rezoning parcels located at 301 and 305 Eden Street to be in the R -MD, Medium Density Multiple - Family Residential District. The motion was seconded by Councilman Culbertson and carried by unanimous vote. REZONE Notice thereof having been published in accordance with law, 301 E. PINE Mayor Hunnell called for the public hearing on the proposal to rezone a parcel located at 301 East Pine Street from the ORD. NO. 896 C-1, Neighborhood Commercial District to the C-2, General INTRODUCED Commercial District. Planning Director Schroeder intro- duced the matter, showing a sketch of the area. There being no one in the audience who wished to be heard on the matter, the public portion of the Nearing was closed. Councilman Brown then moved introduction of Ordinance No. 896 rezoning 301 East Dine Street to be in the C-2, General Commercial District. The motion was seconded by Councilman Culbertson and carried by the following vote; Ayes: Councilmen - Brown, Culbertson, Kirsten and Hunnell Noes: Councilmen - Schaffer Absent: Councilmen done 339 Minutes of April 2, 1969 continued REZONE 109, 111, Notice thereof having been published in accordance with law, 115 & 117 WEST Mayor Hunnell called for the public hearing on the proposal LOCKEFORD ST. to rezone parcels located at 109, 111, 115 and 117 West Lockeford Street from the R- HD, High Density Multiple - ORD. NO. 897 Family Residential District and the C-1, Neighborhood INTRODUCED Comore rcial District to the C-2, General Commercial District. The matter was introduced by Planning Director Schroeder who presented a sketch of the area. There being no one in the audience who wished to be heard on the matter, the public portion of the hearing was closed. Councilman Brown moved introduction of Ordinance No. 897 rezoning parcels at 109, 111, 115 and 117 West Lockeford Street to be in the C-2, General Commercial District. The motion was seconded by Councilman Schaffer and carried by unani- mous vote. REZONE 301 N. Notice thereof having been published in accordance with law, PLEASANT Mayor Hunnell called for the public hearing on the proposal to rezone a parcel at 301 North Pleasant Avenue from the C -P, Commercial Professional District to be in the R -MD, Medium Density Multiple -Family Residential District. Planning Director Schroeder introduced the matter, showing a drawing of the area. Mr. Melvin Helwig, 832 Bel Air Court, spoke, opposing the proposed rezoning. There was no one else in the audience who wished to speak on the matter and the public portion of the hearing was closed. Coucilman Schaffer spoke, stating he felt the parcel should not be zoned R -MD as it is presently being used as a commercial use. Councilman Culbertson then moved the parcel at 301 N. Plea sant Avenue retain its present zoning as C -P, Commercial Professional. The motion was seconded by Councilman Schaffer and carried by unanimous vote. PLANNLNG COMMISSION The Assistant City %la.nager gave the following report of the Planning Commission meeting of March 24, 1969: REZONE LONE The Planning Commission recommended approval of the OAK SUBD. request of Mr. Robert D. Houston for the rezoning of the Lone Oak Subdivision from the R- 1, Single -Family Residential District to the P -D, Planned Development District. On motion of Councilman Culbertson, Schaffer second, the matter was set for public hearing on April 16, 1969. OF INTEREST The Planning Commission also took the following actions of interest to the City Council: 1. Denied the request of Mr. George T. Marsh for a variance to erect a 6 -foot high fence within the street side yard where the maximum allowable height of a fence is 42 inches at 2145 Tracy Place in an area zoned R-2, Single -Family Residential. 2. Approved the Amended Tentative Map of the Lone Oak Sub- division, a twenty-two acre, 175 -lot subdivision located north of the easterly extension. of East Vine Street and east of the -2- :14U Minutes of April 2, 1969 continued southerly extension of South Cluff Avenue with certain conditions. 3. Denied the request of Mr. Ralph Burlington for a charge in zoning for a five -acre parcel located at the southeast corner of West Turner Road and North Ham Lane from the R-1 and R-2, Single -Family Residential Districts to the R -GA, Garden Apartment Residential District. 4. Denied the request of Lodi Property InvestMent Company by Dr. Frank V. Johnson for a change in zoning for Lots 58 through 76 and 94 trough 96 of the Westlake Subdivision, Unit No. 2 from the R-2, Single -Family Residential District to the R -HD, High Density Multiple -Family Residential District, C O-MMUN ICA TIONS ABC LICENSES The following notices of application for alcoholic beverage license were read: 1. Person-to-person, premise -to -premise transfer, Lucky Stores, Inc,, 330 :Vest Lodi Avenue, ofi-sale zeneral. 2. Original license, rederick R, May, Orlie's Place, 114 North School Street, or --sale general, 3. Person-to-person transfer (temporary license) Leona and William Cronin, The Spot Club, 220 N. Cherokee Lane, on -sale general eating place. MO�iAGAN A letter was read from State Assemblyman Robert Mlonagan SENATE BILL 4 concerning Senate Bill 4. PARKING - A petition was presented to the Council which was signed by 700 S. CENTRAL residents of the 700 block of South Central Avenue requesting that the on -street parking on this block be converted from diagonal to parallel. The matter was referred to the staff for study and recomr_iendation. TOWN AFFILIATION Councilman Culbertson reported that membership dues had ASSti. DUES been increased for the Towr. Affiliation Association. He stated the City's dues would be increased froze $100 to $150 for 1969-70 and recommended approval of the additional expenditure. On motion of Councilman Kir sten, Schaffer second, the expenditure of $150 for the Town AE-iliation Association dues for 1969-70 was approved as recommended. CITIES & COUNTY Mayor Hunnell read a notice of the Cities and County of San ASSN. MEETING Joaquin association meeting to be held in Tracy on April 10, 1060, REPORTS OF THE CITY MLANAGER CLALMS Clair_:s in the amount of $397, 567, 78 were approved on motion of Councilman Brown, Schaffer second. ST. PETER'S Assistant City Manager Peterson stated that Mlr. Clint LUTHERAN Hoellw-orth, ren-esentinb S*_. Peter's Lutheran Church, had CHURCH mat!.- _-- Ci=;'staff _.__-_._ g ele_tr_-a1 service ELECTRICAL to the church site. He asked Mr. HoeLworth tcrr . ,ent his SERVICE request to the Council. -3- 341 Minutes of April 2, 1969 continued Mr. Hoellworth stated that verbal arrange tents for electrical service for the development were made sc.__„ __.._ ago with a former City employe_. It v --as Mr. HoelllJorth's under- standing that the site would be served wit -1, = derground utilities at no expense to the church but after recently -,neet- inn With the City Staff 1,a had been i forTMeA this arrangement was not acceptable. He requested that the City give St. Peter's Lutheran Church a letter of waiver of the right to serve the ch:. -ch site with electrical _wer. \:ir. Hoellworth telt the charges made by the City for the electrical service did not favorably compare with charges rr'tide by ri rate compare -a- -J p-.. __.. companies for the same se..-_... He also presented a sketch of the develop-ment and discussed location of poles for over- head lines to serve the site. City Attorney Mullen informed Mr. Hoellworth that no City employee, either past or present, could bind the City with a verbal agreement and therefore no agreement had been made with him regarding this service. Mr. Peterson explained that the City Code [,Section 2-41. (b) and (d)}states if Lie custom_- desires urdergrolir_d_ g, he is charged for __ch an installation, that change being the difference between underground Service and the cost of pro- viding service overhead. He also explained that costs are established by the Utility Department based on exu _-_ .ce in constructing overhead and underground facilities. The department has found that underground facilities are more expensive and Mr. Peterson cited several c=ases in which subdividers had elected to install underground :acuities and had paid the difference. Mayor Hunnell asked Superintendent of Utilities Royal Newman to comment on the matter. Mr. Newman agreed with Mr. Peterson's comments and stated that Mr. uoell•wor+h _ad not made some information a railable to the staff which would have facilitated resolving the natter. After further discussion, Xlayor 1H,=nell stated he felt the matte- could be resolved at the staff level, and since the Code specifically states the City Manager's decision shall be final in such matters, lee reccrr_iended the „"atter be referred to the City ,ran=ger and Sunerin+-...tent utilities to resolve with �.,Ir. Hoellworth. The Council agreed_ KETTLEMAN . Or. motion of Councilman Culbertson, Kirsten second, the LANE GRADE - City Council unanimously adopted Resolution_ No. 3250 SEPARATION recommending that the grade separation at Kett-teman Lane and the Southern Pacific Railroad tracks be constructed as RES. NO. 3250 an underpass. AWARD - 60 -KV Bids were received for the 60 -KV aluminum wire as follows: ALUMLNUM WIRE G. E. Supply Company $ 59, 193.75 RES. NO. 3251 Consolidated Electric Dist. 59, 826, 00 Graybar Electric 59 982. 57 Valley Electric Co. 60, 529.21 � estinghouse Supply 64, 551.43 The Assistant City Manager recommended that award be made to the low bidder. On motion ofCni_ __ilman Schaffer SEE U42 2 Minutes of April i - 1969 continued Culbertson second, the City Council adopted Resolution No. 3251 awarding the contract for the furnishing of the 60 -KV aluminum wire to the low bidder, G. E. Supply Company, for the amount of the bid. AWARD - KOFU Assistant City Manager Peterson stated that bids had been PARK RECR, received for the Kofu Park Recreation Building as follows: B LDG. Main RES. NO. 3252 Bldg. Alt. Total Ed Fratzke $ 43,696 $ 6.939 $ 50.635 C. L. Jones & Co. 44,100 9,700 53.800 Buettner. Carter, Denton 46,500 11,490 57.990 & Assoc. S. M. C. Construction Co. 47,249 10.163 57.412 Mr. Peterson explained that Architect Arlie Preszler had also prepared for bid an alternate to provide for the construc- tion of a second smaller structure, of similar design, to house a press box and concession stand. However. since there were no budgeted funds for this portion of the project and there was no immediate need for this type of building. the Recreation and Parks Director had recommended the alternate be rejected. The Assistant City Manager recom- mended the award be made to the tow bidder. Ed Fratzke . for the amount of $43, 696 and the alternate be rejected. On motion of Councilman Schaffer. Culbertson second. the Council adopted Resolution No. 3252 awarding the contract for the construction of the recreation building at Kofu Park to Ed Fratzke for a total amount of $43, 696 and rejected the alternate bid. VACATE POR The Assistant City Manager reported that the Public Works EASEMENT - Department had recommended that the City Council abandon TICKNOR COURT a portion of an easement in Tract No. 798 - Ticknor Court. The easement was dedicated to the City on September 21. 1966, but had never been used. The Public Works Depart- ment had determined there was no present or future use for the easement, On motion of Councilman Brown. Kirsten second. the City Council adopted its Order vacating a portion of an easement being the West 2 feet of the South 65 feet of the 10 -foot public utility easement shown on Lot 9, Ticknor Court. PLANS & SPECS - Assistant City Manager Peterson presented plans and PIPE - TWIN specifications for the piping at Twin Oaks Park. On motion OAKS PARK of Councilman Kirsten. Schaffer second. the Council approved the plans and specifications and authorized advertising for bids thereon. GRIFFIN IND. Assistant City -Tanager Peterson presented a letter from DEVELOPMENT Mr. Robert L. Griffin, owner and developer of the property located at the northeast corner of Lodi Avenue and Clufi Avenue, requesting temporary water service for his industrial development which is outside the City Limits. Mr. Griffin also requested that he be allowed to bond the off-site improve- ments and thereby defer construction until further development occurs in that area. Mr. Peterson explained that the requests - 3 - 343 2 Minutes of April 1969 continued were in accordance with the agreement made with Mr. Griffin last November, and he recommended they be approved subject to certain conditions. The conditions were: 1. Preparation of improvement plans for the off-site improvements. 2. An agreement with the City and a bond covering these improvements. 3. Dedication of necessary rights of way for Cluff Avenue and Lodi Avenue. Councilman Schaffer moved, Brown second, that Mr. Griffin be granted outside water service and that he be allowed to bond the off-site improvements as recommended, all subject to the above conditions. The motion was carried by unanimous vote. POPULATION Mr. Peterson reported that the State Department of Finance had ESTIMATE informed the City staff they would be unable to prepare a popu- lation estimate for the City this year due to a lack of adequate information upon which to base the estimate. ORDINANCES REZONE 800-826 ORDINANCE NO. 894, entitled, "AMENDING THE OFFICIAL N. MILLS AVE. DISTRICT -IAP OF THE CITY OF LODI AND THEREBY REZONING LOTS 28 - 32, LAKESIDE PARK SUBDIVISION TO ORD. NO. 894 BE IN THE R -MD, MEDIUM DENSITY MULTIPLE -FAMILY ADOPTEai - RESIDENTIAL DISTRICT, " having been introduced at the meeting of March 19, 1969, was brought up for passage on motion of Councilman Culbertson, Schaffer second. Second reading was omitted after reading by title, and the ordinance was then passed, adopted and ordered to print by the following vote: Ayes: Councilmen - Brown, Culbertson, Kirsten, Schaffer and Hunnell Noes: Councilmen - None Absent: Councilmen - done REORGANIZATION OF CITY COUNCIL The City Clerk asked for nominations for Mayor. On motion of Councilman Culbertson, Schaffer second, Councilman Kirsten was nominated for Mayor. On motion of Councilman Culbertson, Brown second, nominations were closed and Councilman Kirsten elected Mayor by unanimous vote. Mayor Kirsten then took the chair and called for nominations for Vice - Mayor. On motion of Councilman Brown, Hunnell second., Councilman Schaffer was nominated for Vice -Mayor. On motion of Councilman Culbertson, Brown second, the nomi- nations were closed and Councilman Schaffer was elected Vice -:Mayor by unanimous vote. - 6 - 344 Minutes of April ¢, 1969 continued The Council thanked Councilman Hunnell for his efforts as Mayor the past year. Congratulations were expressed to both the new Mayor and Vice -Mayor. EXECUTIVE At 9:40 p. m. the Council adjourned to executive session to SESSION discuss personnel matters. The Council reconvened at 10:00 p. m. ADJOURNMENT There being no further business, the Council adjourned at approximately 10:00 p.m. ATTEST: BESSIE L. BENNETT City Clerk - 7 -