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HomeMy WebLinkAboutMinutes - February 1, 1967I Im CITY COUNCIL, CI`:Y OF L0)I CITY HALL COUNCIL CH.rdB2,2S FEBRUARY 1, 1967 A regular meeting of the City Council of the City of Lodi was held beginning at 8400 p.m. Of Wednesday, February I, 1967 in the City Hall _ Council Chambers. ROLL CALL Present: Councilmen � BROWN, CULBERTSON, HUNNELL KIRSTMT and WALMI (Mayor) Absent: Councilmen - ,ilone F_lso present: City Manager Glaves, City Attorney Mullen: Administrative Assistant Peterson and Planning Director Schroeder. ,MINUTES Councilman Kirsten moved that the minutes of January 1B, 1967 be approved as written and mailed. Councilman Culbertson questioned the wording of the motion in the second paragraph on page 3 regarding the rental to be charged the baseball club, stating that it was not in accordance with his understanding that the minimum per game would be figured on the season basis. Councilman Kirsten said that was not the intent of his motion. Councilman Culbertson then stated he would have voted against the motion if he had understood the per game minimum. The motion to approve the minutes of January 18 was seconded by Councilman Brown and carried unanimously. Councilman Kirsten, Brown second, moved that the riinutes of January 25, 1967, be approved as written and mailed. Motion carried, with Councilman Culbertson abstaining. PUBLIC HE RTAgGS APPEAL - Wotice thereof having been published in accordance V$RN(xq WELDIN with law, Mayon Walton opened the public hearing on RE Rr7CREATIOi3 the appeal of Vernon W. Weldin from the decision CEZ47ER of the Planning Commission by a tie vote denying him a use permit to operate a family recreation center (with four pool tables) at 14 South School Street. City Attorney Kullen read portions of the City Code giving criteria for granting or denying a use permit. The appellant, Vernon W. Weldin, 1801 Analitis Drive, spoke in behalf of his request. '1he following persons spoke against the appeal: Vincent Sisco, Manager of hotel Lodi, 7 South School Street; Elmer Van, 122 West Oak Street, who said he was also representing Fullerlss Harry Dobler and Gary Siefri.ed; and Ivan Suess, owner of a boy=s store on the Downtown ivall. Receipt of a petition protesting issuance of the use permit signed by ten operators of business in the area was also noted. There being no further correspondence or persons present who wished to be heard, the public portion of the hearing was closed. Councilman Culbertson stated he had some association with the petitioner and wished to abstain from the discussion and voting on this matter. Other members of the Council felt there was no valid reason for denying the permit and after discussion, Councilman Kirsten moved that the appeal of Vernon W. Weldin be granted and that he be issued a use permit for a recreation center at 14 South School Street, subject to City ordinances. The motion was seconded by Councilman Hunnell and carried, with Councilman Culbertson abstaining. - i - 13 Niinutes of February 1, 1967 continued Planning Director Schroeder suggested that the City Code be amended in regard to issuance of a use permit for family billiard parlors since they axe now regu- lated by Section 15-12 of the Code. MM YSUM SIG -1 notice thereof having been published in accordance AREA IN C -P ZONi with law, the payor called for public hearing on the Council -initiated proposal to amend the City Code to change the maximum allowable sign area in a C -P zone from 12 square feet to 20 square feet. The Planning Commission has recommended that no change be made. Mr. Harry Duerksen, representing the Bethel Open Bible Church, 140 South Fairmont, was in favor of increasing the maximum sign area. He said his church has a 26 square -foot sign which they want to use. There were no other persons in the audience who wished to be heard on this matter and no correspondence. After Council discussion, Councilman Kirsten moved that the proposal to amend the City Code by increasing the allowable maximum sign area in a C -P zone to 20 square feet be denied. The motion died for lack of a second. Council- man Culbertson moved to allow a maximum sign area of 20 square feet in the C -P zone for all uses and also to change the ratio of square foot of sign area to one square foot to 8 lineal feet of lot frontage up to a limit of 20 square feet. The motion was seconded by Councilman Brown and failed to carry by the following vote; Ayes; Councilmen - BROWN and CULBERTSON Woest Councilmen - HUNNELL, KUSTEN and WALT0:1 Councilman Kirsten moved that the provision in the Code for sizes of signs in the C -P zone remain as is. Councilman Hunnell seconded the motion which carried by the following vote: Ayes: Councilmen - HlTNELL, KIRSTEN and WALTON Noes: Councilmen - BRMRT and CULBERTSON ?LA_N1g1NG COMMISSION lir. Glaves reported the following actions of the Planning Commission: 1. Approved the request of Mss. Jean Dunlap for a use permit to establish a home beauty shop at 423 West Elm Street in an area zoned'R-4, Kultipll�- Family Institutional District. 2. Denied the request of Mr. Thomas J. Doyle for a variance to erect 189 square feet of sign area on a parcel where only 134 square feet of sign is permitted at 873 Last Pine Street in an area zoned "M" Industrial District. 3. COUNTY REFERRAL - Recommended the denial of the referral by the San Joaquin County Planning Com- mission of the request of Mr. Jack Comer for a change in zoning from R-3 Residential to C-2, Community -Commercial for a 10,000 square foot area at the southwest corner of Wokelumne and Lilac Streets in the Tori of Woodbridge. - 2 - 14 Minutes of February 1, 1967 continued PUBLIC !MAR Ii tGS (continued) APPEAL - @4x. Stewart Adams, representing Mr. Thomas J. Doyle, T. DOYL.E RE addressed the Council concerning the request of Slot lir. Doyle for a sign variance which had been denied by the Planning Commission. He stated that sir. Doyle had expressed his intention to appeal the decision of the Planning Commission, had received the notice con- cerning the five-day limitation for submitting an appeal, but had been unavoidably detained, and unable to file his appeal on Monday which was the last day to file. Mr. Adams was therefore requesting that the Council waive the five-day limitation. Otherwise i-ir. Doyle would have to make reapplication to the Planning Commission. City Attorney Mullen informed the Council that the Council could waive the limitation if it felt there was sufficient justification. Councilman Culbertson expressed his concern that it might become a habit to file belated appeals. He then moved that the Council waive the five-day limitation on the appeal of Thomas J. Doyle, but not make a habit of such action, and that the matter be set for public hearing at the meeting of iiarch 1, 1967. The motion was seconded by Councilman Kirsten and carried. COtliNt VICATIais APPEAL RE An appeal was received from the operators of eight Bi:AUTY SHOP beauty salons protesting the issuance of a use permit AT 423 W. SUi to establish a home beauty shop at 423 West Elm Street. On motion of Councilman Hunnell, Brown second, the appeal was set for public hearing at the meeting of February 15, 1967. RECESS !_t 9:35 p.m. the Mayor declared a five-minute recess. REPORTS OF US CITY MANAGER MOSQUITO Ur. Glaves read a letter from the !Northern San Joaquin ABATFNENT DIST. County %iosquito Abatement District explaining that SITE DEVELOPi-F-itT the District had recently purchased a site for future operations north of t:=e present State Maintenance Station and east of the 99 Freeway frontage road. Since the district has very limited funds for immediate development of this site in accordance with City requirements, it is rising the City to approve the following; 1. Installation of about 200 feet of sidewalk, curb and gutter at present, which is necessary for access, and that the remaining 475 feet be installed as needed. 2. Payment of storm drainage fee for one acre only since the remainder of the property will be ponded and not drainable. 3. Engineering assistance from the City for water end sidewalks. i.r. Robert H. Peters, i;anager, and Mr. Robert S. i±uller, local member of the Distzict=s Board of Trustees, were present as representatives of the Board. i -1r. Glaves pointed out that in accordance with the City Code certain improvements are required for develop- ment of property and these improvements are what the District is concerned about. Mr. Robert H. Peters, croute 1, Box 16, Acampo, Ptanager of the District, - 3 - 35 !.Anutes of February 1, 1967 continued explained that the ponded area would be used for the propagation of mosquito fish and other predators of mosquitoes, and since this ponded area would not require drainage, the District was requesting that they not be charged a drainage fee on this portion - of the property. He said they would be willing to put in 200 feet of sidewalk, curb and gutter now and the balance when the City requires it. City Manager Glaves drew a sketch of the property on the blackboard to indicate how it was being used. He said the City could enter into a contract with the Mosquito Abatement District which would protect the City. He said he would not want to commit the City as far as engineering services are concerned since -the staff has projects scheduled and it might not be easy to schedule this extra job. Mr. Peters stated they wanted to get going on the job as soon as possible. Stating that the District had to depend on taxes, Councilman Brown moved that the City accept the propo- sition for development of the 1Iorthern San Joaquin County mosquito Abatement District property as outlined in their letter and that the District be given a ma--i- mum of six years in whic:i to complete the improvements. The motion was seconded by Councilman Kirsten and carried. CLAIMS Claims in the amount of $176,130.57 were approved on motion of Councilman Culbertson, Kirsten second. LCDI BALL CLUB City Managez Glaves presented the Council with figures OFFICE AREA on the costs of moving the check stand from Lodi Lace Park or the geodesic dome from Lincoln School or of erecting a new building at Lawrence Ballpark to be used as office space for the baseball club. For moving and/or building -and equipping for office use with one restroom, the estimated costs were as follows: Check stand 432 sq. ft. $3,883 Dome 485 sq. ft. 3,700 New building 432 sq. ft. 5,542 Wayor Walton also mentioned the possibility of having the City move the ckeck stand and of letting the Club fix it for their use and 'having it rent free. Mr. Howard Clark, president of the Lodi Baseball Club, 2525 Victor Road, said an office at the park would be wonderful, but he felt the prices quoted were way out. He thought something could be worked out with the check stand. He also proposed that the Club pay a flat fee of $2500 for lease of the park. Viz. Glaves said that the City could move the stand, place it on a concrete slab and provide one restroom for approximately $1,580._ Councilman Kirsten suggested that the City do this and that the Club do the rest and receive rent free for a period of time, say four years. Councilman Culbertson was of the opinion that the figures on a new building were high. He said the City could charge rent on a new building which he felt was preferable to having the club fix up the check stand and having it rent free. City manager Glaves said the ball club may have to pay taxes because of possessory interest. Mr. Culbertson thought a building could be put up and rented for $50 a month. He said the money would be invested one way or the other and felt the ..4- 16 ;,iinutes of February 1, 1957 continued City should prepare plans and get bids on a building before making a decision. Councilman Culbertson moved that the Council postpone action on moving any buildings and get someone to draw up plans for an office building at the ball park and get bids as soon as possible. The motion was seconded by Councilman Kirsten and carried by unanimous vote. BALL CLUB Councilman Kirsten reiterated his view that it is diffi- LEASE OF cult to make a contract depend on attendance and unfair LAWRENCE to penalize the ball club for putting forth sales PARK efforts. He then moved that the City lease the ball park to the Lodi Baseball Club for $1144.50 for the box seats and $20 per game. His motion was seconded by Councilman Hunnell. Councilman Culbertson suggested that a flat fee of $2500 be charged. Councilman Hunnell felt the box seats should be separate. The motion carried, with Councilman Culbertson voting no. Mr. Clark said the ballclub would accept these terms, but he could make no promises at this time in regard to office space. Councilman Culbertson moved that $1250 be due on July 15 and the balance on September 15. The motion was seconded by Councilman Kirsten and carried by unanimous vote. CHiUXGE CRDEV3 City Manager Glaves recommended that the following FOR PLBLIC change orders for the Public Safety Building which had SAFETY BUILDIiIG been received from F_rchitect Marion J. Vainer be tpproved. k7 - Alter window sashes - $572.88 On motion of Councilman Xi=sten, Culbertson second, the Council approved Change Order No. 7. n8 - Revise roof and mechanical platform - $265.65 On motion of Councilman Kirsten, Culbertson second, the Council approved Change Order No. 8. #9 - Special faucet for darkroom sink - $43.89 On motion of Councilman Hunnell, Kirsten second, Change Order No. 9 was approved by the Council. DESTRLCTIOiT On motion of Councilman Hunnell, Kirsten second, the OF RECORDS City Council adopted 2.esolution No. 3028 authorizing RES. NO. 3023 destruction of certain records as approved by the City Attorney. SPECS - Mr. Glaves presented specifications for 2,700 feet of COPPER CAaLZ 500 ACM copper cable. On motion of Councilman Culbertson, Kirsten second, the Council approved the specifications and authorized calling for bids thereon. LAWRENCE lir. Glaves said he had received a letter from Piz. Jake BALLPARK Ferguson, concessionnaire at Lawrence Ball Park, COIITCESSION stating it was inconvenient for him to run the con- cession because of health reasons and he had therefore recently completed arrangements with Mr. Ray De Lapp of Coca Cola Bottling Company and with mr. Ray Bennett to take over the concession. He is now requesting permission from the Council to assign the balance of Lis contract to Aar. De Lapp and FLIT. Bennett. Wr. Ferguson, who was present. said he had a 3 -year contract with the Ball Club. Mr. Glaves, recommended that the assignment be approved. Councilman Kirsten pointed out that differences between the Ball Club - 5 - 17 idinutes of February 1, 1557 continued and Mx. Ferguson have not been worked out. The Zouncil inquired about terms of the contract with Air. Ferguson and further discussion was postponed while the i.dministrative Assistant went after the contract. SPECS - !..Ix. Glaves stated that in connection with the develop - SANITARY SZJ,--;Z ment of the Westgate Shopping Center at the southwest _ L06ER SACTO RD corner of Lodi Avenue and Lower Sacramento Road, the west side of Lower Sacramento Road must be improved from the Irrigation District canal to Lodi Avenue. The Capital Improvement Program calls for a sanitary sewer in this location and the Public Works Director had expected to schedule this project for the next fiscal. year. However, because of the street improve- ment required in connection with the development of the shopping center, the Public Works Director xecom- mends that the sewer line be installed before con- struction of the street. The estimated total cost is $14,400. Councilman Culbertson moved that the specifi- cations for this project be approved, that the expenditure of $14,400 from the sanitary sewer bond funds be authorized therefor, and that calling for bids be autboxized. His motion was seconded by Council- man Kirsten and carried. IRWRENCE The concession contract with Jake Ferguson was given BALLPARK to City Attorney Mullen who reviewed its conditions CONCESSIOAT and suggested that the City inspect Air. Ferguson's books before assignment of the contract. He also said the City should have assurance of the assignee's insurance and that date of payments should be included in the assignment. On motion of Councilman Kirsten, Culbertson second, the request to assign the concession contract for Lawrence Ballpark was deterred to the meeting of February 15, 1967. i+ir, Glaves said the local Chamber of Commerce had invited members of the Council to attend a noon meeting on February 13. Also, i-ir. Varner will be in Lodi on February b and will give members of the Council a tour of the Public Safety Building. Tours were scheduled for 12 noon and 5 o'clock. REGIONAL Nayor Walton asked for a formal statement from the PLAIN ING Council concerning formation of a regional planning AGENCY agency in San Joaquin County. He said the idea of a regional planning agency was sound and was a necessity in order to get funds from the Federal Government. The law provides that the County has power to form this agency and the Board of Supervisors has adopted a motion to form an Intergovernmental Alliance for Regional Planning in San Joaquin County. Nix. Glaves suggested that the representative from each city on the Local Agency Formation Commission be appointed to represent his city on this agency. Councilman Kirsten moved that the City of Lodi repre- sentative be that member of the Council who is on the Local Agency Formation Commission. The motion was seconded by Councilman Brown and carried by unanimous vote. Councilman Kirsten tizen moved that the City's delegation to the next meeting with the Board of Supervisors to discuss formation of the regional agency be advised represent the City with the Uayor as spokesman to express positive interest in an intergovernmental alliance for regional planning in San Joaquin County - 6 - 16 i•:inutes of February 1, 1957 continued aad suggest it consist of one elected representative from each city and one from the County. The motion was seconded by Councilman Hunnell. Councilman Culbertson said he was not too enthusiastic about establishing this agency, that it would result in a lot of duplication and wasted energy. The cities and t::e County have planning commissions and the County- wide Local Agency Formation Commission. He felt it would be better to have the regional agency built around the Local F.gency Formation Commission. Other members of the Council expressed the view that it would not be a duplication, would conform to requirements for Federal funds, and would serve to establish priorities for expenditure of such funds. After further discussion, the motion carried by unanimous vote. EASEMENTS FQ; City Attorney Mullen stated that Projects Officer OUTFALL LINE TO 'Elmer Weimer had been meeting with farmers along the DSSPOSAL AREA route fox the outfall line to the White Slough treat- ment area. The City needs a 20 -foot easement for the line and temporary easements of 50 feet on each side of the 20 -foot easement during the construction period. The City will be paying for damage to crops, etc. i•ir. kullen requested that the Director of Public i:or-:s be given authority to sign formal agreements between tine City and the property owners covering these ease- ments and the amount to be paid for damages. Council- man Kirsten moved that the Director of Public Works be given the authority to sign agreements on behalf of the City for the purpose of obtaining easements for instal- lation of the outfall line to the disposal area. The motion was seconded by Councilman Culbertson and carried. EMPLOYEES Councilman Brown said all the employees who worked COWviENOED during the recent storm should receive a pat on the back for the tremendous work they had done and requested that a letter be written to each department involved expressing the thanks of the Council. ASH TRAYS Councilman Kirsten requested that clamp -on ash trays be obtained fox seats in tine Council Chambers. PUBLIC On motion of Councilman Culbertson, Kirsten secoad, RELATIONS discussion of public relations was continued to the meeting of February 15, 1:57. ADJOL82i'Z'W1T There being no further business, the Council adjourned at 12:05 a.m. Attest. BEATR CE GAR3BALDi City Clerk - 7 -