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HomeMy WebLinkAboutMinutes - June 2, 1965224 - CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CFVJ%1BSR3 JUTE 2, 1965 This regular meeting of the City Council of the City of Lodi was held beginning at 5:00 p.m. of Wednesday, June 2, 1965, in the City Hall Council Chambers, ROLL CALL Present: Councilmen - BRaAq , CULBERTSON, DOW, WALTOV and KIRST AN(Kayor) Absent: Councilmen - Wone Also present: City Manager Glaves, Administrative "sistant Peterson, Planning Director Schroeder, and City Attorney Wullen. MINUTES Kinutes of May 19, 1965 were approved as written and mailed on motion of Councilman Brown, Walton second. PUBLIC Hr1,RINGS DOW APPEAL - Notice thereof having been published in accordance with REZONING SW law, Mayor Kirsten called for public hearing on the CORNER OF HAM appeal of Mr. Hugh A. Dow from the decision of the AND ELM TO C-1 City Planning Commission in denying his request for a change in zoning from the R-1 One -Family Residential ORD. NO. 792 District to the C-1 Neighborhood Commercial District for INTRODUCED property located at the southwest corner of Ham Lane and Elm Street. Councilman Dow withdrew from consider- ation of the appeal because of personal interest. Mr. Hugh A. Dow spoke in behalf of his appeal, stating that the zoning adjustment granted by the Planning Commission to expand the non -conforming use was unrealistic. He felt the Planning Commission had acted in good faith, but had not solved the problem. Mr. Dow wants to expand and develop his property, but does not consider it equitable to be required to put in the improvements as a non -conforming use. Other nurseries have C-1 zoning and with C-1 zoning he would be ready to beautify his property, provide off-street parking, etc. A drawing of the proposed development was shown. Mr. Dow said he would meet the requirements of the City, putting in the cul-de-sac at the end of Wellington Way, installing improvements along Elm Street and placing screening along Ham Lane. However he objected to erecting a solid masonry fence, stating he felt it would not be in keeping with the proposed development. There was no opposition to the appeal, either written or oral. Councilman Culbertson expressed concern that service stations were permitted in C-1 zones and said something was needed to prevent the property being used for service stations or other undesirable uses. After discussing the purpose and requirements of C -S zoning, (which is across from the Dow property on Elm Street), the Council was agreed that it would not be suitable to rezone the Dow property to C -S. C-1 zoning was felt to be the proper classification. Councilman Walton moved that the Dow property be zoned to C-1 subject to erection of a screening fence on Ham Lane; completion of the cul-de-sac for Wellington :lay; installation of street lights and one-half of the street improvement on Elm Street; installation of curb, gutter and side- walk on Ham and Elm; and that a use permit be required for a service station. Councilman Broom said some of those requirements were already covered by ordinance. ?here was no second to the motion. Councilman Walton then moved the introduction of Ordinance No. 792 rezoning the Dow property at the southwest corner of Ham Lane and Elm Street to C-1. Pis motion was seconded by - 1 - Minutes of June 2, 1965, continued Councilman Culbertson and carried by the following vote: - 2 - AYES: Councilmen Brown, Culbertson, Walton and Kirsten IZOES: Councilmen - None ABSTAIN: Councilmen - Dow FOUNTAIN AT Mr. Fred Muther, Commander, Lodi Post No. 22, The PlV RICAN American Legion, informed the Council that the fountain LEGION PARK at American Legion Park had been completed and it was a pleasure to the Post to present it to the City. He said the Council would be notified of the date for dedication. Mayor Kirsten expressed his personal thanks and those of the other citizens of Lodi. The City Manager stated he had authorized the staff to install sidewalk around the fountain. STUDY RE USE Councilman Culbertson moved that the Planning Commission PERMITS FOR be requested to study the zoning ordinance for the SERVICE purpose of requiring a use permit in a C-1 zone for -STATIONS certain uses such as service stations. His motion was seconded by Councilman Brown and carried unanimously. PLANNIIdG CO4MISSION FINAL MAP - The final map of Lakewood Subdivision Unit No. 3 was LAKEWOOD #3 presented to the Council for approval. All provisions of the subdivision ordinance have been met. Mr. Glaves said the subdivider wishes to install the water lines, storm sewers and sanitary sewers. On motion of Council- man Brown, Walton secor4 the final map of Lakewood Subdivision Unit No. 3 was approved. Councilman Brown then moved that the subdivider be permitted to install the utilities. His motion was seconded by Councilman Walton and carried. SOLID The Planning Commission recommended that the C -P, C-1 MASONRY and C-2 zones be amended so as to require that lots in FENCE such zones which are adjacent to a residential zone be screened with a solid masonry fence six feet in height for the length of the boundary line between the two districts,excluding the required front yard or street side yard where the.property shall be landscaped or screened by a three and one_half foot solid masonry fence. Some of the Council expressed opposition to a solid masonry fence and asked the City Attorney if the hearing had to be set on the Planning Commission recom- mendation only or if the Council could include other types of fencing. Councilman Brown moved that the matter be continued to the next meetiing for a report from the City Attorney. His motion was seconded by Councilman Brown and carried, with Councilman Culbertson voting no. Cs.4 PC ACTIONS The Planning Commission denied the Commission -initiated proposal to rezone the Hugh A. Dow property at the southwest corner of Ham Lane and Elm Street from R-1 to C -S Commercial -Shopping District. COMMUNICATIONS CLAIM FOR A claim was read from Donald L. MaCrorey on behalf of DAMAGES - his minor daughter whom he claimed was injured at Lodi MCCRCREY Lake Park, On motion of Councilman Brown, Walton second, the City Council rejected said claim and referred it to the City's Agent of Record. - 2 - Minutes of June 2, 1965, continued APPLICATIO14 An application was received from Mr. Leo McCarver on TO FILE CLAIN - behalf of his minor son fox leave to file claim pur- Vwr-ARVER suant to Section 911.4 of the Government Code, claiming that the son had been injured on June 12, 1964, while playing ball under the direction of the Lodi Recreation Department. On motion of Councilman Walton, Brown second, the Council rejected the application to file the claim and referred said application to the City's Agent of Record. D. W. DAVIS Mr. Glaves presented the appeal of Mr. D. W. Davis RE R/W ON from condition No. 2 of the use permit allowing the PLEASANT S OF erection of a car wash on Mr. Davis' property at the LOCKEFORD ST southwest corner of Pleasant Avenue and Lockeford Street. This condition requires the dedication of right of way on Pleasant Avenue. The City Code requires the dedi- cation and improvement of the street before a building permit is issued. Mr. Davis is objecting to deeding ten feet to the City although he is willing to install the sidewalk for public use. i.t present his property line along Pleasant Avenue is at the back of the curb. ivir. Ben Schaffer, representing i4r. Davis, reported that Mr. Davis is willing to comply with all conditions of the use permit except for the dedication of the ten feet which he does not want to do as a matter of principle, particularly since Pleasant Avenue will not be widened. City Attorney !Iullen stated that the City has been occupying the property in question with pole lines for a considerable length of time and therefore the City can be said to have adverse_ possession. There will be no physical change to the property if it is dedicated to the City and the City Attorney recommended that Mr. Davis' request be allowed as there will be no ultimate widening of the street. With the understanding that the City in no way relinquishes any rights which the public may have in the ten feet in question by reason of the publicts use and occupation thereof,for more than ten years last past, it was moved by Council- man Brown, Dow second, that the use permit for the car wash at the southwest corner of Pleasant Avenue and Lockeford Street be granted subject to all the conditions required by the Planning Commission except for the dedi- cation of right of way on Pleasant Avenue. The motion carried, with Councilman Culbertson voting no. THANKS RE A letter was received from the Coffee Cup Net, a group LODI LAKE of radio amateurs, thanking the City for the use of PARK Lodi Lake Park and its facilities and also thanking 1%ir. Orest (ferry, Parks Supervisor, and Are Bob Baker, Park Patrolman, for their services. REPORTS OF TM CITY W=W CLAI14S Claims in the amount of $128,474.59 were approved an motion of Councilman Dow, Culbertson second. AWARD - Only one bid was received for the 1965 curb, gutter, 1965 CURB, and sidewalk replacement program. The bid was from GUTTER, AND William Burkhardt for the sum of $6,234. This bid is SIDEWALK below the City Engineers estimate and Mr. Glaves recom- mended that award be made. On motion of Councilman RES. NO. 2824 Dow, Walton second, the City Council adopted Resolution ADOPTBD Tio. 2824 awarding the contract for the 1965 curb, gutter and sidewalk program.to William Burkhardt in accordance with his bid. - 3 - 22? Ninutes of June 2, 1965, continued E. LCDI AVE. The following bids were received for the East Lodi WIDENING - Avenue Widening: E. LCDI AVE. parcels which do not have sidewalk at present and STREET LIGHTS A. Teichert & Son $135,182.57 AJOPT;:D Claude C. Wood Company $119,607.09 RES. NO. 2825 walk. A form letter to such property owners, prepared ADOPTED The City Manager recommended the award be made to the low bidder. On motion of Councilman Culbertson, Walton second, the City Council adopted Resolution No. 2825 awarding the contract to Claude C. good Company for $119,607.09. Mr. Glaves stated the portion of the project covering the installation of street lights amounted to $7,500 which was above the original esti- mate. Since this is not a typical lighting district, he recommended that the City stand the portion of the lighting district expense which would be over $1.50 per front foot, which was the estimate given to the property 1965-66 owners. Councilman Dow moved that if the cost of the OPERATING street lights on East Lodi Avenue exceeded $1.50 per BUDGET front foot, anything over that atiount be paid for by the City. His motion was seconded by Councilman Culbertson and carried unanimously. REMOVAL OF Mr. Glaves stated that no agreement has been reached SIGN ON E. on the removal of the sign at Miert's Alinement at 230 LODI AVE. East Lodi Avenue. Miert leases the sign which is in the street right of way. On motion of Councilman Culbertson, Dow second, the sign was declared a public nuisance and the City Attorney and Director of Public Works were directed and authorized to abate said nuisance by removal of the sign. SIDEWALK As a part of the widening of East Lodi Avenue, curb, INSTALLATION gutter and sidewalk are being replaced. There are five parcels which do not have sidewalk at present and RES. NO. 2826 Director of Public Works Jones recommends that steps AJOPT;:D be taken requiring the property owners to install side- walk. A form letter to such property owners, prepared by the Director of Public Works, was shown to members of the Council. Mr. Jones also recommends inclusion of a parcel at the northeast corner of Lincoln Avenue and Turner Road which is without sidewalk. On motion of Councilman Dow, Culbertson second, the City Council adopted Resolution No. 2026 directing the Superintendent of Streets to proceed to give notice in accordance with the Streets and Highways Code to owners of property on East Lodi Avenue and at the corner of Lincoln P.venue and Turner Road where there is no sidewalk, for the installation thereof. 1965-66 Mir. Glaves reviewed his letter of June 2, 1965 covering OPERATING the 1965.66 Operating Budget. He said the City was BUDGET going through a period of transition in getting out of subdivision work, the proposed budget being based on the assumption that City crews will be doing no subdi- vision work after July 1. SCREENING In regard to the Planning Commissions recommendation REQUIREM�L1TS that the Code be amended to require a solid masonry SET FOR fence between property in C -P, C-1 and C-2 zones which PUBLIC HEARING are adjacent to residential zones, City Attorney Mullen said the Council had asked the Planning Commission for a report on screening fence and would have to hold a public hearing on the Planning Commissions recom- mendation. He stated that if the Council changed the Planning Commissions recommendation, it should be referred back to the Commission. Councilman Culbertson stated that certain building permits were being held up - 4 - ?219 Uinutes of June 2, 1965, continued - 5 - until screening requirements were adopted and he moved to set for public hearing on June 16, 1965, the proposal of the Planning Commissions adding "wooden or living screening" between the words "solid masonry" and "fence." His motion was seconded by Councilman Dow and carried. DEATH OF Mayor Kirsten expressed regret concerning the death HAROLD DUTTON of Harold Dutton who had served the City for the past 24 years and suggested that a resolution of condolences be sent to his family. On motion of Councilman Culbertson, Dow second, the City Council ordered con- dolences sent to the Harold Dutton family. B014D Referring to the June 8 Special Bond Election, Mayor ELECTION Kirsten said the Citizens Bond Committee had gone all out to make the needs of the community known to the voters. He asked that the Council show its solidarity by appearing at the rally which was to be held at the Stokely -Van Camp Cannery on June 3. All members of the Council were able to go except Councilman Walton who had to be in Court on that day. Councilman Walton said he was behind the bond issue 100% and would give the Mayor a statement to be read at the rally. YOUTH On motion of Councilman Walton, Dow second, the Council OPPORTUNITY approved issuance of a proclamation by the Mayor MONTH declaring the month of June "Youth Opportunity Nonth." ADJOLR!,TNZNT There being no further business, the City Council adjourned to June 9, 1965 on motion of Councilman Doan, Walton second. Attest: BEATRIC.? GARIBAL.DI City Clerk - 5 -