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HomeMy WebLinkAboutMinutes - May 18, 1966381 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CH*1BERG MAY 18, 1966 A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m, of Wednesday, May 18, 1966, in the City Hall Council Chambers. ROLL CALL Present: Councilmen - BaOV1N, CULBERTSON, HUNYELL, KIRSTF-0 and :DALTON (Mayor) Absent: Councilmen - None Also present were City Manager Glaves, City Attorney Mullen, Administrative Assistant Peterson and Planning Director Schroeder.— MINUTES Minutes of May 4, 1966 were approved as written and mailed on motion of Councilman Culbertson, Kirsten second. PUBLIC HEARINGS USE PERMITS Notice thereof having been published in accordance FOR SERVICE with law, Mayor Walton called for public hearing on STATIONS the recommendation of the Planning Commission that the City Code be amended to require that service stations be permitted in the C -S, C-19 C..2 and N districts after first securing a use permit from the Planning Commission. A list of the criteria to be used in considering requests for such use permits had previously been presented to members of the Council and also to the local association of service station operators, the members of which comprise around 50% of local operators. Mr. Riney Bender, 729 South Pleasant Avenue, representing the association of lonal operators, stated the association was 10099 in favor of the amendment. Mr. Chris Christianson, representing the Western Gas and Oil Association, questioned the criteria proposed to be used. In reference to Item 1 which provides that the distance from schools or places of public assembly shall be considered in the issuance of a use permit for a service station, he stated that studies have not shown corner stations to be hazardous. In reference to Item 2, he stated that proximity of existing stations should not be a factor in issuing a permit because an investor should be allowed to use his own judgment in such matters. (The hearing on this proposal was then postponed until later in the meeting because Yx . Christianson became ill.) OFF-STREET Notice thereof having been published in accordance PARKING with law, the Mayor called for public hearing on the REQUIREMENTS recommendation of the Planning Commission to amend . the City Code to -provide that off-street parking spaces ORD.. NO. 818 required by Section 27-13 of the Code shall not be INTRODUCED situated within any front yard area, side yard area or interior court area. Planning Director Schroeder explained the purpose of the proposed amendment was to prevent front and side yard areas from being used for off-street parking, e.g., the front yard area of an office building which was adjacent to a residential area. There was no one in the audience who wished to speak on the proposal. Councilman Culbertson moved the introduction of Ordinance No, 818 amending Section 27-13(b)13 of the City Code and thereby changing off- street parking requirements. His motion was seconded by Councilman Kirsten and carried unanimously. - 1 - Winutes of i4ay 18, 1966 continued WM. REMPM RE Mr. klvin R. Wahl, 2407 J Street, Sacramento, attorney PHARMACY IN representing Mr. Wm. E. Rempfer, said he wished to IVEDICAL ARTS direct the attention of the Council to Hunnell's BUIIDING Pharmacy in the Medical Lits Building, 845 South Fairmont Avenue, as being in violation of the City Code. Mr. Wohl stated that in July 1962 the City had issued a building permit for the Wedical Arts Building while the property was still under County jurisdiction. City f.ttorney Mullen had written him that the pharmacy was lawfully operating as a non -conforming use since the use permit therefor had been issued by the County prior to annexation to the City. However$ Mr. Wahl's opinion was that .since the construction was performed under an invalid building permit, the pharmacy was an illegal operation according to the City Code. He said Mr. Rempfer feels the Code should be enforced and the occupancy abated. -- Mr. i:m. Rempfer, 115 South Fairmont Avenue, said he doubted the use permit had been issued in good faith. City Attorney i -.ellen answered that the use permit had been secured from the County and that application had also been made to the County for a building permit. However, the County had suggested that the building permit be obtained from the City since the property was in the process of being annexed to the City. The property owners were then given a building permit by the City. Since the use permit had been obtained from the County prior to annexation, it was not in violation of the Code, but came into the City as a non -conforming use. fir. Glaves pointed out that during that period there was an informal arrangement between the City and County building departments whereby in some instances prior to annexation, the City issued the building permit and did the inspecting rather than the County. The Uniform Building Code is used throughout the County so there would be no difference in building requirements. City Attorney Mullen said he could find no violation as far as the pharmacy was concerned and the City could not stop -it from operating. Councilman Kirsten stated the Council had a strong obligation to represent everyone and to see that the laws are enforced uniformly. He said Mr. Rempfer had come to his office and -told him the pharmacy was in violation and should be abated. However, Mr. Kirsten said he wondered about Mr. Rempfer's motives since I/r. Rempfer told him at that time that if the Council would fire the City Manager and the City Attorney, he would not pursue the matter of the pharmacy further. Councilman Kirsten felt the whole matter stemmed from Lor. Rempfer's desire to have his property on West Lodi Avenue rezoned so that it could be used for a real estate office.. For Councilman Hunnell's benefit, he then gave a -.chronological review of Mr. Rempfer's attempts to have his property rezoned. iJiss Joanne Thomas, 107 N. Avena Avenue, asked several questions concerning Mr. Rempfer's complaint and about the building code. i.1r. Richard Johnson, Deputy County Counsel, on being questioned, said that similar arrangements with the County building department and city building depart- ments had occurred before concerning issuance of building permits but this practice has been stopped. 2 Minutes of May 18, 1966 continued - 3 - Councilman Kirsten moved that this matter concerning Hunnell3s Medical Arts Pharmacy be dismissed. His motion was seconded by Councilman Culbertson who prefaced his second by stating.the use permit was legal and the technicality concerning the building permit was something that had occurred in other instances. The motion passed, with Councilman Hunnell _abstaining. HEARING ON Mr. Christianson having returned to the Council USE PERMITS Chambers, the Council reopened the hearing on the Fri SERVICE proposal to require -use permits for service stations. STATIONS Mr. Christianson, referring to Item 3 of the criteria CONTINUED for service station locations, said that the number of service stations at an intersection should not be the concern of the City, that it was an economic con- sideration and should not be regulated by government. He recommended that Item 4 which required a minimum of 15,000 square feet for a station be changed to 12,000 square feet. In discussing Item 5 which pro- hibited major repairs at service stations, and Item 6 which prohibited sale of products not associated with automobile accessories, he suggested that both items be covered by the use of the definition for service station recommended by the Western Oil and Gas Association. He passed around copies of the definition to each member of the Council. In regard to Item 7 he recommended that screening only be required when adjacent to.residential areas. He said that Item 8 which requires landscaping to the approval of the Public Works Departmentshould be more specific. The Association agreed with Item 9 which regulates signs. There was no one else in the audience who wished to be heard on this matter. During the discussion Councilman Culbertson said he hesitated to require a use permit in C..2 and M zones and was in favor of continuing the hearing. Councilman Kirsten felt Item 8 could be more clearly defined and Mayor Walton said he would like MIr. Christianson to discuss the proposed regulations with the Planning Director and the City Attorney. Councilman Kirsten moved that the proposed amendment to the Code and the criteria for --service stations be referred to the Administration to work with Mr. Christianson and other intexested parties. The motion was seconded by Councilman Brown and carried unanimously. Councilman Hunnell said he questioned Items 2 and 3 of the criteria. The Mayor then declared a ten-minute recess. PLANNING COMMISSION _ OPENING OF Mir. Glaves stated that in reading over the petition DOWZR DR. IN for the opening of Donner Drive in Lawrence Ranch LAWRENCE RANCH Subdivision after the last Council meeting, he realized SUBDIVISION the City would be unable"to comply with the May 16 deadline for action requested by Mr. Kirst and had referred the petition to the Planning Commission. The Commission recommended denial of the request. Com- missioners recognize that traffic circulation and congestion exist within this subdivision, but feel this can be alleviated when the property to the north is subdivided. Councilman Culbertson suggested that a footpath might be the answer instead of a street opening as it would provide a way for children to get to school. Mr. Stanley D. Kirst, 1232 Midvale Road, - 3 - 39Q Winutes of Nlay 18, 1966 continued said the people in the area were concerned about the children going to school. He said there was an ease- ment for a storm line along the lot line whexe the street opening was requested, but that a path would cut down the use of the lot. He expressed willingness to extend the deadline fox a decision a couple of weeks to give the City time to come to some conclusion. After discussion concerning traffic hazards if the stxeet were opened and the possibility of having a walkway instead, it was moved by Councilman Culbertson that the matter be referred to the Administration for discussion with Mr. Kirst and with residents in the area regarding the possibility of working out a solution to the problem. The motion was seconded by Councilman Brown and carried by unanimous vote. STUDY OF Councilman Culbertson moved that consideration of COUNCIL CHAP1BER the plans for remodeling the Council Chambers be PLANS POSTPOPIED postponed to June 1, 1966. His motion was seconded by Councilman Brown and carried, with Councilman Kirsten voting no. REZONING 830 & City Nanager Glaves read the report from the Planning 836 S. CENTRAL Commission which recommended that 830 and 836 South R-3 TO C-1 Central Avenue be rezoned from R-3 Limited Multiple - Family Residential to C-1 Neighborhood -Commercial. On notion of Councilman Brown, Kirsten second, the proposal was set for public hearing on June 1, 1966. PREZONING The Planning Commission also recommended that property 1581 S. STKN at 1581 South Stockton Street be zoned "M" Industrial TO "Vi" IND. prior to annexation to the City. On motion of Council- man Kirsten, Culbertson second, the matter was set for public hearing on June 1, 1966. OTHER PC In other actions, the Planning Commission granted a ACTIONS variance to add to an existing garage at 501 East i1alnut Street, granted Frontier Savings and Loan Association a use permit to erect a flashing sign (time and temperature) at 116 Uest Pine Street, granted a use permit to erect a miniature golf course on the east side of Cherokee Lane north of the extension of East Oak Street with certain conditions, and denied the request for variances to reduce the minimum lot width and lot size at 939 Wellswood Avenue in order to erect a duplex. coma iJNICATIONS CATV A letter was read from Mr. Charles Vlcek, Ellensburg, Vashington, stating that if the City is interested in the installation of a community antenna television system, he would be happy to discuss the matter. On motion of Councilman Culbertson, Brown second, the . letter was ordered filed. MEMORIAL DAY An invitation was received from Lodi Post No. 22, SERVICES American Legion, to attend Uemorial Day services at Lodi Memorial Cemetery on Alay 30, 1966. ABC LICENSES Notices of the following applications for alcoholic beverages license were read: 1. Person to Person Transfer, On Sale Beer & Wine, Jose R. Tapia, 35 N. Sacramento Street. 2. Person to Person Transfer, On Sale General, Hazel Ilichols and Robert Self, Piemonte Hotel, 104 Z. Lodi Avenue. - 4 - 325 14inutes of kay 18, 1966 continued REPORTS OF THE CITY MANAGER . CLAIMS Claims .in the amount of $702,9.46,97 were approved on _ motion -'of Councilman Kirsten, Culbertson second. APPROVE Mir. Glaves explained that Mr. Carlton Yoder, design ACTIVATED engineer for the sewage treatment plant, and Director SLUDGE of Public Works Jones have -been meeting with repre- 4ETHOD FOR seniaiives of the State Division -of Highways concerning SEWAGE. the location of the Westside Freeway and also with TREADENT the State Department of Water Resources and the Federal Bureau of Reclamation concerning the Peripberal Canal as both relate to the Thornton Road site of the sewage treatment plant. The location of the freeway has been resolved but the final location of the Peripheral Canal has not been determined. White Slough, which is in.the area of the Thornton site, has been selected for development as a wild life con servation area and.a.recreational program is being considered in conjunction with the canal and delta development.. Because of these and other factors,. Mr. Yoder is recommending that the Council use the activated sludge method of disposal of sewage rather than the primary treatment plus oxidation ponds as previously approved by the Council. Councilman Culbertson moved that*the City accept the activated sludge method of sewage treatment and that Mr. Yoder proceed with the plans.. The motion was seconded by Councilman Kirsten and carried unanimously. -- AWARD - Mr—Glaves presented the following tabulation of bids STREET IM ViS„ which had.been received on -the Street Improvements - HAM & SYLVIA Ham Lane_ and` Sylvia Drive'=,and recommended that award be 'made' to the lova bidder: RBS. NO. 2945 ADOPTED Tompkins & Gallaven $16,637.50 Claude C. Wood Company $16,766.00 A. Teichert & Son $19,493.00 On notion of Councilman Culbertson, Kirsten second, the City Council adopted Resolution No. 2945 awarding the contract for the above named project to the low bidder, Tompkins & Gallaven, for the amount of bid. ACCEPT STREETS The Public Works Director has recommended that the IN TWIN OAKS streets in Twin Oaks West- Unit 11o. 1 - be accepted NEST -UNIT 91 as public streets. On motion of Councilman Culbertson, Kirsten second, the City Council adopted RHS. NO. 2946 Resolution No. 2946 accepting the streets in Stain ADOPTED Oaks West - Unit No. 1. UNDERGROEM In connection with the Cityls program of placing tJIRING FOR electric wiring underground in the downtown area at BLKS 3 & 10 the rate of one block each year, tar. Glaves stated because of the construction of the Public Safety Building in Block 3 and the Farmers & Merchants Bank Building in Block 10, no work had been scheduled for the current year. However, both blocks have been scheduled for the 1966-67 fiscal year and have been timed to meet construction schedules of the buildings. P-ir. Glaves has been informed that some of the equipment will require a 20 -week order period. He therefore recommended that at this time the Council approve the - 5 - 3$ to Minutes of may IS, 1966 continued At 11:15 p.m. the Council adjourned on motion of, Councilman Kirstel. Attest; BEATRICE_CAL ARIBDI City Cleric V - 6 - undergrounding of Blocks 3 and 10, City of Lodi, so the equipment can be received in time for the con• struction schedule. Councilman Kirsten. moved that plans for the undergrounding.of Blocks 3 and 10, City of Lodi, be approved. The motion was seconded by Councilman Hunnell and carried unanimously. SPECS - Specifications for curb and gutter replacement at five CUE & GUTM locations throughout the -City and for walkways at 3rPLACEHFNT American Legion Park were presented for Council con- sideration. On motion of Councilman Kirsten, Brown second, the City Council adopted the plans and speci- fications for the above project and authorized calling for bids thereon. SPECS - The Council then approved the plans and specifications STUW,I DRAIN for construction of a storm drain on Hills Avenue ON NILLS AVE. between Tokay and Viae Streets and authorized adver- tising for bids thereon on motion of Councilman Brown, Kirsten second. CURBSIDE Mr. Glaves reported -that a bulletin had been received MAILBOXES from the League of California Cities stating that the OPPOSED League Board of Directors has requested the Post -Office Department to rescind its -regulation calling RES. NO. 2947 for curbside delivery of mail in new subdivisions and ADOPTED is urging each of -the cities to adopt a resolution stating its opposition to such regulations. The bulletin pointed out that cities in California are making an effort to beautify residential areas by undergrsu►iding electric utilities and that having curbside mailboxes will be a detriment to beautifi- cation, will increase the temptation to pilfer mail, and will discriminate against new home owners... Officials to whom copies of the resolution'should be . sent were listed. Councilman Culbertson moved the adoption of Resolution No. 2947 opposing curbside delivery of mail and the mailing of copies thereof •'t.6 the persons listed on the League bulletin. The motion was seconded by Councilman Brown and carried, with Councilman Kirsten voting against the motion because he felt the Post Office Department should not be discouraged from trying ,to reduce costs. ADJOUPJO ENT At 11:15 p.m. the Council adjourned on motion of, Councilman Kirstel. Attest; BEATRICE_CAL ARIBDI City Cleric V - 6 -