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HomeMy WebLinkAboutMinutes - February 1, 19611.0 CITY COUNCIL, CITY OF LODI CITY FALL COUNCIL CHAMBERS FEBRUARY 1, 1961 This regular meeting of the City Council of the City of Lodi held beginning at B:OO p.m. of Wednesday, February 1, 1961. Coun- cilmen Brown, Katzakian, Mitchell, Ullmann and Culbertson (Mayor) present; none absent. Also present: City Manager Glaves,.Admin. Asst. Carlton, Planning Director Rodgers and City Attorney Mullen. MINUTES Minutes of January 18, 1961 were approved as written and mailed on motion of Councilman Kat- zakian, Mitchell second. PLANNING COMMISSION City Manager Glaves reported the following actions of the Planning Commission taken at its meeting of January 23: USE PERMIT FOR 1. Approved a use permit by a 5 - 2 vote for the CHURCH-QN S. Church of Christ of Lodi to construct a church HAM LANE building on an .82 acre site located at 600 South Ham Lane in the R-1 single family resi- dential zone. ADJUSTMENT FOR 2. Approved a zoning adjustment by a 5 - 3 vote DOW NURSERY for Mr. Orwin Dow to replace and expand buildings used for a nonconforming nursery business at. 45 North Ham Lane in the R-1 single family residential zone. APPEAL NURSERY Appeals from the decision of the Planning Commis - ADJUSTMENT sion in granting the adjustment for Dowls Nursery were read from Mr. R.G. Christianson, 38 Welling- ton Way, and Mr. R.B. Westgate, 37 Wellington Way. Councilman Katzakian moved that the matter be set for public hearing on February 15, 1961. The motion was seconded by Councilman Brown. Mr. Christianson and Mr. Westgate, who were in the audience, requested that their appeals be withdrawn. They were informed that their appeals could not be legally withdrawn. The motion to set the matter for public hearing was passed by unanimous vote. LODI AVENUE Mr. Glaves then read the memorandum from the REZONING Planning Commission regarding the action of the CONTINUED Commission which.voted 4 - 3 .in favor of a re- zoning from R-2 and R-3 residential zones to the C -P commercial -professional office zone for six lots located along the north side of Lodi Avenue between California Street and Avena Avenue. Since State law isequires five affirmative votes of the Planning Commission to recommend a zoning change, the City Attorney questioned the legality of having the rezoning come before the Council through the Planning Commission and suggested that the matter be continued to the next meeting so he would have time to check the State laws in this regard. On motion of Councilman Mitchell, Katzakian second, the rezoning request of Mr. Rempfer was continued to the meeting of February 15, 1961. Minutes of "ebrunry 1, 1961 continued SUBD. ORD. The Planning-ommission recommended that the Sub - AMENDMENT division Ordinance be amended to require that a Record of Survey map be required for all minor subdivisions which are located outside of recorded subdivisions. Councilman Katzakian, Ullmann second, moved that a public hearing on the proposal be'set for March 1, 1961. Motion carried. PC MEETINGS Request from the Planning Commission that the INCREASED Council authorize payment for additional Planning - Commission meetings during the months when such ORD. NO. 688 meetings are needed. The time devoted to zoning INTRODUCED matters and public hearings has resulted in lack. of time for planning functions. Councilman Katzakian suggested that the Commission hold three meetings a month for one year with one meeting to be used only for overall planning matters. Councilman Mitchell stated that it should be tried for one year only. Councilman Katzakian moved the adoption of Resolution No. 2413 adding one meeting a month for one year for the purpose of study and review of overall planning. City Attorney Mullen explained that the compensation to be paid for each meeting could be increased or decreased by resolution but that the number of paid meetings per month was established by the City Code and Could only be changed by ordinance. Councilman Katzakian withdrew his motion and moved the adoption of Ordinance No. 688 amending Section 2-32 of the Lodi City Code by increasing the number of meet- ings to three in each calendar month with one meeting to be restricted to planning study. The motion was seconded by Councilman Mitchell and carried unanimously after waiving reading of the' ordinance in full. COMMUNICATIONS Invitation to the Camellia Festival in Sacramento March 3 - 12, 1961. ABC LICENSE Notices of the following applications for Alco- holic Beverage Licenses 1. Transfer On Sale Beer and wine, Matsuo Okazaki and Satsuno Okazaki, Chiugoku Hotel, 22 S. Main Street. 2. Transfer on Sale Beer and wine, Hiroshi end Yukie Okazaki, Okazaki Club, 18 S. Main St. - KOREA Letter from Kyong 1. Song, Superintendent of an orphanage in Korea, soliciting support. REPORTS OF THE CITY MANAGER AWARD Mr. Glaves presented the following summary of TURNER RD. bids on the Turner Road Underpass: UNDERPASS Contractor Total Bid RES. NO. 2413 ADOPTED Thomas Construction Co. $319,397.50 Bos Construction Co.•$293,222.50 Oscar C. Holmes Co. $292,292.00 A. Teichert & Son $289,719.00 Dan Caputo Co. $282,924.00 Nomellini Construction Co. $276,144.90 Lord & Bishop $272,220.00 Leedham & Roebbelen $270,975.70 S� Minutes of iebruary 1, 1961 continued He reported that an irregularity had been found in the low bid which was apparently a typographical error on Item 10 in entering as the unit price the number of tons being bid. City Attorney Mullen had approved making the correction which did not change the position of the bidder. Mr. - Glaves recommended that award be made to the low bidder, Leedham & Roebbelen, approval to make an award having been received by telephone from the State Division -of Highways. He also reported to the Council the re -estimated cost of the project submitted by the City Engineer, totalling $378,000. Councilman Brown, Katzakian second, moved the adoption of Resolution No. 2413 awarding the con- tract for the Turner Road Underpass to Leedham and Roebbelen for a total amount of $270075.70. Motion carried by unanimous vote. RIW LOCKEFORD City manager Glaves presented a right of way deed STREET from Signal Oil and Gas Company for 5-J feet on the south side of West Lockeford Street at Hut- chins which was being offered with the under- standing that the City will pay for the cost of widening the street except for that portion which will become driveway and will also remove the trees in the right of way upon request. He recommended that the deed be accepted. Council- man Katzakian moved that the deed be accepted sub- ject to the conditions presented. Motion was seconded by Councilman Ullmann and carried. CROSSWALKS - The City Manager next presented a recommendation LAWRENCE SCHOOL from the Engineering Department that school and pedestrian crosswalks be established for the RES. NO. 2414 safety of children going to Lawrence School and ADOPTED submitted a sketch showing the locations of the proposed crosswalks. On motion of Councilman Mitchell, Katzakian second, the Council adopted Resolution No. 2414 establishing school and pedes- trian crosswalks as recommended. LOWE'S VILLAGE The Assessment Diagram for Lowe's Village Street LIGHTS Lighting District was approved by adoption of RES. NO. 2415 Resolution No. 2415 on motion of Councilman Kat - ADOPTED zakian, Mitchell second. S. KIRST City Manager Glaves submitted a request from REQUESTS Stanley D. Kirst that the City abandon one foot EASEMENT of an easement at the rear of his lot at 301 ABANDONMENT North Pleasant Avenue. Mr. Glaves explained that Mr. Kirst had placed a concrete slab and building six feet within the eight -foot easement (without obtaining a building permit). In his letter, Mr. Kirst stated he was not aware that he was encroaching an easement and wished to move the building, to be used as a garage, so that it would be the six foot minimum from the main build- ing. This action would still leave it one foot in the present easement so he was now asking that this one foot be abandoned. It was pointed out that abandoning a portion of the easement would be setting a policy which could be detrimental. This is the first known request for abandonment of a portion of a rear easement. The Council members looked at the sketch of the lot submitted by Mr. Kirst and the one from the Planning Director and discussed the area that would be required for f ! Minutes of Febr:.r=ry 1, 1961 continued a driveway and for the parking stalls, since the lot has been -zoned C -P. Councilman Katzakian stated that a very bad precedent would be set if the request were granted and moved that Mr. Kirst be given 30 days in which to remove the structure from the easement and that a citation be issued if he did not comply. The motion was seconded by Councilman Mitchell and carried. CLAIMS Claims amounting to $117,583.06 were approved on motion of Councilman Brown, Mitchell second. LEASE OF Since the lease between the City and the Grape GOLF DRIVING Festival and National Wine Show, Inc., for the golf RANGE driving range area had expired, a new lease was being presented for .Tproval. The lease is for a RES. NO. 2416 period of three years and, among other things, ADOPTED provides that the City will pay to the Grape Festival 50% of the revenue received for rental of golf balls, that no permanent buildings will be erected without permission of the lessor, and regulates the use of the grounds during the Grape Festival and other major events. The Council adopted Resolution No. 2416 authorizing the Mayor and City Clark to execute said lease on motion of Councilman Brown, Mitchell second. PIRTLE Councilman Katzakian, Ullmann second, then moved SUB -LEASE that the sub -lease for the Golf Driving Range be renewed with Otto Pirtle for three years. Motion carried. GROVES AND Mayor Culbertson stated that Althea Groves and V EREGGE TO Charles Veregge, whose terms on the Recreation REC. COM. Commission had expired, were willing to serve another term and he recommended that they be re- appointed. On motion of Councilman Katzakian, Brown second, Charles Veregge and Althea Groves were reappointed to the Recreation Commission for four year terms which would expire December 31, 1964. The Council adjourned at 9:20 p.m. ATT EST : BEATRI C ARI BALDI City C1 k