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HomeMy WebLinkAboutMinutes - March 23, 1968FARM CM COUNCIL, CITY OF LODI CITY HALL COUNCIL CRAM M MARCH 23, 1968 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m, on Vedneaday, March 20, 1968, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - BR04N, CULBMTSON (8:01), HUNNELL, WALTON and KIRST=N (mayor) Absent: Councilmen - None Also present: City Mager Gloves, Assistant City Manager Peterson, City Attorney Mullen (8:06) and Planning Director Schroeder. PLEDGE Mayor Kirsten led the Pledge of Allegiance to the Flag. MIN= On motion of Councilman Brown, *dalton second, the Minutes of March 6, 1968 were approved as written and mailed PUBLIC H 4LIINGS APP'_+AL - Notice thereof having been published in accordance with law, DAIID C. PAUL Mayor Kirsten called for hearing on the appeal of David C. Paul from the decision of the City Planning Comafesion in denying his request for a change in zoning from the R-3, Luted 'Multiple -Family Iesidential zone to the :1-4, Multiple -Family Institutional zone for a 25,000 square - foot area consisting of three parcels located at 704 and 708 North Church Street and 117 Forrest Avenue. City Manager Gloves asked Planning Director Schroeder to outline the appeal. The Planning Director explained the request, stating that Mr. Paul desires his property rezoned so that he may erect thirteen additional units. With the present zoning, Mr. Paul may erect 10 additional units. The Planning Commission has determined that both the existing sanitary sewer facilities in Church Street and the street width are inadequate to handle the increased apartment density which would be created by rezoning to :1-4. (City Attorney Mullen arrived) Mr. David C. Paul, 708 North Church Street, spoke in favor of the rezoning. He presented his proposed pian for development of the property stating he does not intend to build apartment units, but desires to build 13 additional single units. Mr. Paul stated he felt he was treated un- justly in that areas adjacent to his property are zoned 3-4 end apartment units may be built thereon, whereas his property is zoned R-3 and this limits his development -- Mr. C. R. vanBuskirk, 625 North Church Street, spoke in favor of the rezoning, stating he would lite to see the area developed to the mazinum including the widening of Church Street and adequate sewage facilities. Mrs. Ruth Rozier, 709 North School Street, also spoke in favor of the rezoning. Five letters had also been received favoring it. There being no others in the audience who wished to speak on this matter, the public portion of the hearing was closed. After considerable discussion concerning the sewage facilities in this area, Councilman Culbertson stated he felt the Council should continue this matter to the next meeting so that more Information sight be obtained regarding cost of additional sewage lines in the area and what problems might be created - 1 - 186 Minutes of larch 20, 1968 continued in other areas if this property were rezoned. The City Manager recommended that the Planning Commission make a recommendation regarding zoning in this area. Council- man Hunnell agreed with the City Hanger's recommendation as he felt there were too many individual requests for rezoning. On motion of Councilman Culbertson, Hunnell second, the matter was continued to the meeting of April 3, 1968. ANN"X CLADDE Notice thereof having been published in accordance with C. ?MOOD ADDN. law, Mayor Kirsten opened the public hearing on the pro- posed annexation of the Claude C. !-load Addition. There were ^.'.S. NO. 3171 no protests, written or oral. On motion of Councilman Brown, Hunnell second, the City Council adopted Resolution No. 3171 annexing the Claude C. flood Addition to the City of Lodi by unanimous vote. CITY CAB CO. - Notice thereof having been published in accordance with law, :.AT" INCZAS Nayor Kirsten called for the public hearing on the proposed rate increase by the City Cab Company. There was no one who wished to speak in favor of or against the proposal. The City Manager explained that the Cab Company has made no profit this past year, and since :;r. Doyle Brown pur- chased the City Cab Company within the past year, previous financial records are not available for review. Mr. Brown also proposed sale of script books which allow for discounts as follows: $5 value - $4.75 $10 value - $9.50 $20 value - $19.00 After discussion, on motion of Councilman 6'siton, Brown second, the Council granted the City Cab Company an increase in taxi cab fares as follows: $ .6O flag .10 each 1/5 mile and approved the sale of script books as proposed. On motion of Councilman Brown, Walton second, the Council established the effective date of the rate increase as March 21, 1968. The Council questioned Mr. Brown as to his proposal for a jitney service in conjunction with the cab service. He has proposed a jitney service which would include six routes using one of his present cabs covering shopping areas, doctors' and dentists' offices'and Memorial Hospital. The proposed charge an each route is $ .50 per person, plus .25 per bag in excess of one bag per person. Mr. Brown felt this service would be a convenience to elderly people and people with low incomes who cannot afford the regular taxi service. After discussion, Counciloan dalton moved the Council grant Mr. Brown permission to experiment with the jitney service within the City Limits for a one-year period. The motion was seconded by Councilman Hunnell and carried by unanimous vote. The Council also gave approval for Mr. Brown to operate his cabs without the meters for two or three days so that he might have the meters serviced. POPLAR ST. Notice thereof having been published in accordance with law, SPT@CIFIC Mayor Kirsten called for the public hearing an the proposal PLAN to establish a Specific Plan for the development of Poplar Street from Central Avenue to Cherokee Lane. Planning 012D. NO. 859 Director Schroeder reviewed the Planning Commission's INTR. - 2 - 187 Minutes of March 20, 1968 continued recomecendatien which pvvwides for the video' of Poplar Street and will also preserve the existing olive trees on the south side of the street, Mr. Jake Bletz, 409 Mission Street, stated he would like to see the olive trees preserved. There being no others in the audience who wished to speak on this matter, the public portion of the hearing was closed. On motion of Councilman Brown, Ualton second, the Council introduced Ordinance No. 859 adopting the Specific Plan for the development of Poplar Street between Central Avenue and Cherokee Lane. COMPLAINT - Mr. John Zenco, 225 North Hutchins Street, complained JOHN Z,NCO that the refuse collectors create an unusual amount of noise in his area in the early mornings on Mondays, Wednesdays and Fridays. Councilman Walton requested the City :anger to discuss the problem with the Sanitary City Disposal Company people and report back to the Council. PLANNING COMMISSION 1. Approved the request of Xr. Albert Hinsz for a variance to permit the erection of a duplex for rental purposes at 224 North Central Avenue in an area zoned "M" Industrial. 2. Took the following actions on items requested by Mr. Robert D. Houston for Capell Development Company to amend the approved plot plan of Town and Country Park, an approved Planned Development Zone (P -D(1)) contain- ing a shopping center and multiple -family uses. a. Approved the change from a reversed -frontage service station to one of conventional design with four driveways, two each on Turner Road and Lower Sacramento Road. b. Approved the exact dwelling -unit counts for Lots 2, 3,4,5 and 6 as presented by the applicant with the condition that the parcel lines for Lot 4 be adjusted so as to provide the necessary square footage to accommodate 12 units. c. Submitted the request for an opening in the Lower Sacramento ^load median to the City Consulting Traffic Sngineer, Dr. D. Jackson Faustman. 3. By a tie vote of 4 to 4 the Planning Commission failed to approve the request of Burton's Shoes by Mr. Jack Carter for a variance to increase the permitted sign square footage at 17 Test Pine Street from 100 square feet to 124 square feet. CoUNUNIU.TIONS APPAL - A letter was read from Jack Carter on behalf of Burton's BunTON'S SHO=S Shoes appealing the decision of the Planning Commission in denying a request for a variance to increase the permitted sign area square footage at 17 West Pine Street from 100 square feet to 124 square feet. The matter was set for public hearing on April 3, 1968 on motion of Councilman *alton, Brown second. CLAD1 FOR A "Claim for Personal Injuries" was received from Ills. Faye I?:JM12S Goehring in the account of $75,000 plus medical expenses. Claimant claims she was injured while walking on lot adjacent to ?leigum's Nursery. On motion of Councilman Culbertson, Hunnell second, the Council denied the claim of Illa Faye Goehring and referred it to the City's Agent of Record, Max Elson. Councilman Brown abstained from voting on the matter. - 3 - 188 Unutes of '![arch 20, 1963 continued i 7�PTMS OF THS CITY MANAG P. MAIMS Claims in the amount of 3407,152.14 were approved on motion of Councilman Culbertson, '!Talton second. i:. O. r-A.Y. , M. City ldanager Glaves stated he had requested ia. !lay's ECUS AT presence at the meeting so that he could explain to the 939 TMLS`.DOD Council his intentions concerning the removal of the house at 939 Fellswood. Mr. Ray stated that he has endeavored to find a lot on which to move the house but has not been successful. He is presently waiting for a reply from the County of San Joaquin and if it is favor- able it is possible he may move the house onto a lot out- side the City. Lie explained that he has applied for a permit to set the house down and take the necessary steps to remove the kitchen facilities from the existing alley house. Hayor Y.irsten and Councilman Hunnell expressed that they felt the Council has been more than fair with Mr. ?ay in granting him a reasonable length of time to eliminate the nuisance the house has caused. After further dis- cussion, Councilman Culbertson moved the Council permit Mr. Ray to obtain a building permit to set the house down and remove the kitchen facilities from the existing alley house, all work being completed within 120 days. The motion died for lack of a second. Councilman Culbertson, after discussiod, then amended his motion stating Mr. Ray either be permitted to obtain a permit to set the house down and remove the kitchen facilities from the existing alley house, all work being complete within 120 days, or within two weeks notify the City if the house will be removed for the x2300 offer previously made by the City and subsequently move the house by May 25, 1968. The motion was seconded by Mayor Kirsten and carried with Councilman Ualton abstaining. Councilman ':altos abstained from the discussion as well. A:1A'.D - BASIV Only one bid was received for the Basin B-1 curb, gutter 3-1 CUl3 GtrM__ and sidewalk construction. It was from William Burkhardt F: SID' :ALK in the amount of $6,225.30. The City Manager felt it was a reasonable bid and recommended the award be made. On nL S. NO. 3173 motion of Councilman Brown, Culbertson second, the Council adopted Resolution No. 3173 awarding the contract for construction of Basin B-1 curb, gutter and sidewalk to 'lilliam Burkhardt for the amount of the bid. A`.7AM - The following bids were received ori the Cherokee Lane CWT.01= LN Storm Drain: STO_'11: MAW A. Teichert & Son $4,296.00 17S, NO. 3172 William Burkhardt 5,330.67 Kirkwood-Bly, Inc. 6,970.00 The City Nanager recommended award be made to the low bidder. On motion of Councilman Culbertson, Brown second, the Council adopted :Vssolution No. 3172 awarding the contract to A Teichert & Son and authorized an increase in the amount budgeted for this project to cover costs. D^.. BATS Dr. Bates, who is planning to construct a veterinary hospital 71M -ST on South Cherokee Lane below Delores Street has requested access to Cherokee Lane and agrees to comply with the land- scaping plans in exchange for the access rights. Mr. Glaves recommended Mr. Bates be granted this request. After discussion, Councilman Culbertson moved the Council approve reasonable access to Cherokee Lane subject to conformance to the Cherokee Lane Beautification Plan. The motion was seconded by Councilman Brown, and carried unanimously. - 4 - om riinutes of March 20, 1968 continued TACTION CO. An agreement with Central California Traction Company was AGR:3ILNT presented for Council approval. It would permit the City's PIXY NOUSy water line crossing under the Company's tracks on Cluff ?.^S. NO. 3174 Avenue. On motion of Councilman Hunnell, Walton second, the City Council adopted resolution No. 3174 authorizing the mayor to execute the agreement on behalf of the City. LIP'LT Mr. Glaves presented a request from Mr. R. X. Lipelt for L:AS7 removal of a yearly lease with the City covering a small portion of the Lodi Lake area immediately east of Lipelt's property. He recommended the lease be renewed. On motion ASST. CIVIL of Councilman Culbertson, Hunnell second, the Council 3IGINEJR - renewed Mr. Lipelt's lease for one year ending March 31, 1969. SPO':TSMANIS City Manager Glaves recommended renewal of the lease with CLUB I: AS: the Lodi Sportsman's Club at $300 per year for two acres adjacent to the old City dump site along the Mokelunne River. On motion of Councilman Brawn, '•Talton second, the lease with the Lodi Sportsman's Club was renewed to F= HOUS; idarch 31, 1969. STAT" BLDG The State Dapartment of Housing and Comaunity Development r'GULATIONS is requesting that a notice be sent to the department, as prepared by them, stating that the City building standards are equal to or greater than certain sections of the Health and Safety Code. The City had sent the State a notice to this effect in August, 1967, but there have been some changes in the housing code since then. Councilman Walton moved that the State Department of Housing and Community Development be notified that the City Building Code exceeds State building regulations. The motion was seconded by Councilman Brown and carried by unanimous vote. SP?CS - City Manager Glaves presented specifications for a line LL --17 MUCK, truck and plans and specifications for the body, derrick BODY, D--RRICK and equipment. Councilman Culbertson moved that the & rQUIP14MT specifications for the line truck and the plans and specifications for the body, derrick and equipment be approved and advertising for bids be authorized. The motion was seconded by Councilman Walton and carried by unanimous vote. HA:IS'Ni The City Manager stated that the jury's verdict had valued P30P3?:TY the Hansen property at $20,050. The City Manager felt the PIXY NOUSy Council should accept the verdict of the jury and proceed SIT"'. with the purchase of the property. He felt this site to be the most feasible location for the proposed fire house. On motion of Councilman Culbertson, Hunnell second, the Council accepted the verdict of the jury and agreed to proceed with the purchase of the Hansen property at the comer of Lodi Avenue and Cherokee Lane for the amount of $20,050. ASST. CIVIL The City Manager requested permission to hire an Assistant 3IGINEJR - Civil 3ngineer at the third step of the salary range. On THIRD STyP motion of Councilman Culbertson, dalton second the City Council authorized the City ,Manager to appoint an Assistant Civil 3ngineer at the third step of the salary range if the candieate is qualifie3. 71te motion was seconiel by Council- man Ualton sad carried by unanimous vote. F= HOUS; Councilman 'dalton reported that the Junior Chamber of Commerce has requested permission to use the vacant fire house at the southeast corner of Lodi Avenue and Sacramento Street for storage of an old fire engine the club has purchased for use in parades. After discussion, Councilman 17altoo moved, B:ayor Kirsten second, that the Jaycees be granted permission to house a fire truck, rant free, in the fire house on a temporary basis and subject to conditions set down by the City Attorney. The motion passed by unanimous vote. -- 5 - 190 i1inutes of March 20, 1968 continued ORDINANC`_'.S D'. 1. N. HAY'S ORDINANCE NO. 857, entitled "AM.Z!TDING TiL OFFICIAL ?,?ONING DISTRICT MAP OF Ti0 CITY OF LODI AND TH—gZBY R2ZONING LOTS 16, 17 AND 18 OF CRF.SCRNT MANOR SUBDIVISION TO OZD. NO. 857 B3 IN TI0 R-4, MULTIPLE -FAMILY INSTITUTIONAL :L;SID7NTIAL ADOPTID DISTRICT," having been introduced at the regular meeting of :larch 6, 1968 was brought up for passage on motion of Councilman Brown, Ralton second. Second reading was omitted after reading by title, and the ordinance was then passed, adopted and ordered to print by the follow- ing vote: Ayes: Councilmen - BROT-17, CULB-_RTSON, HUNN':LL, WALTON and KIRST".:N Noes: Councilmen - None Absent: Councilmen - None r.2ZONING GPLDINANC3 NO. 353, entitled "PRZZONING M- Pr?:TY ON THE C. C. MOOD NO"= SIDE OF ::AST LOC? --ORD STR3 T B=TTW =. U.S. 50-99 ADDN TO "M" FLONTAG3 ROAD AND CLUFF AV=TU.T: TO B3 IN THE "M" INDUSTRIAL INDUSTRIAL DISTRICT," having been introduced at the meeting of larch 6, 1968 was brought up for passage on motion of ORD. N0. 858 Councilman T.-ralton, Culbertson second. Second reading was ADOPirD omitted after reading by title, and the ordinance was then passed, adopted and ordered to print by the following vote: Ayes: Councilmen - BROPH , CULBZRTSON, HLWrLL, T?ALTON and KI:STMT Noes: Councilmen - None Absent: Councilmen - None ADJOU',N2.T.NT There being no.further business, the meeting adjourned at approximately 10:30 p.m. , Attestl : BLSS12- 1 L. B':Ptt>✓TT City Clerk - 5 -