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HomeMy WebLinkAboutMinutes - August 19, 1964 (7)i01 CITY COUNCIL, CITY OF L.ODI CITY HALL COUNCIL CHAMBERS AUGUST 19, 1964 •A regular meeting of the City Council of the City of Lodi was held beginning at 8:00 p.m, of Wednesday, August 19, 1964;"in the City Hall Council Chambers. ROLL'CALL PRESENT: Councilmen - CUL.BERTSON, DOW, KIRSTEN, WALTON and BROWN (Mayor ) ABSENT: Councilmen-- None Also present were City Manager Glaves, Administrative Assistant Peterson and City Attorney Mullen. MINUTES Minutes of August 5, 1964 were approved as written and mailed on -motion of Councilman Kirsten, Dow second, after correcting the paragraph entitled "Traffic Signals at Kettleman and Hutchins" by changing the word "sidewalk" in the second sentence to "walkway." PUBLIC HEARINGS APPEAL - The appeal of Maurice 0. Ray, Jr. from the decision M. O. RAY, JR. of the Planning Commission in denying his request for lot coverage variance and a side yard variance at 1201 Edgewood Drive having been continued from the meeting of August 5, 19642 Mayor Brown asked if there was anyone in the audience who wished to speak in behalf of the appeal. Mr. Ray stated that he had given his reasons for wanting.the variances at'the previous meeting and that he could not make a decent looking enclosure for the'swimming-pool if he changed it to comply with the side yard requirement. There were no other persons in the audience for or against the appeal. Councilman Walton said he.did not believe the regu- lations should be inflexible. He said that none of the neighbors had piotested•and he was concerned about Mr. Ray's son who needed year -around use of the pool. He felt that granting the variances would not be detri- mental to the public health and welfare. On the other hand, Councilman Kirsten felt granting the variances would be detrimental, that other families had children with health problems, that not allowing the variances would not be a hardship according to the material on variances from the City Attorney, that the Planning Commission members were ,acting in good faith when they made their decision -and were more competent to do so,, and therefore there was no justification for granting the appeal." Councilman Culbertson said that one of the problems eould be taken care of in that it was possible to conform to the 5 -root side yard regulations and that it would also be possible to come close to the lot coverage requirement. He felt that the only hardship was the care of the child, but that Mr. Ray had not tried to conform to the zoning regu- lations. Councilman Dow said it was an unusual home which should be consistent with the neighborhood and that the variance should be considered in relation to the neighborhood and as an individual problem. City Manager Glaves said that requirements.were minimum and that if the Council were going to change the standards, in fairness to others,,the administration should know what those standards are. Other people have tough problems, but accept the regulations "on the word of the administration. Mayor Brown said that he had looked at the property and felt that Mr. Ray would have had - 1 - 102 Minutes of August 19, 1964 continued no problem if he had planned the pool and enclosures to conform to the zoning requirements; therefore, the Mayor was not in favor of granting the appeal. Councilman Walton said that it has not been shown that Mr. Ray's plans are detrimental to the neighborhood. Councilman Kirsten moved that the appeal of Mr. Ray . from the decision of'the Planning Commission in denying his request for a variance in the side yard requirements and a variance in the lot coverage require- ments at 1201 Edgewood Drive be denied. His motion was seconded by Councilman Culbertson and passed by the following vote: - 2 - AYES: Councilmen - CULBERTSON, KIRSTSN and BROWN NOES: Councilmen - DOW and WALTON MEETING WITH City. Manager Glaves asked if the Council would like PLANNING to have a meeting with the Planning Commission to C(X*iISSION discuss the purpose of planning. Councilman Dow moved that the City Manager schedule a meeting with the Planning Commission when convenient after the new Planning Director has been appointed. -The motion was seconded by Councilman Walton and carried by the following vote: AYES: Councilmen -DOW* WALTON and BROWN NOES: Councilmen - CULBERTSON and KIRSTEN PLANNING CO1v1MISSION _ ACTIONS Mr. Glaves'xeported the following actions of the Planning Commission taken at its meeting of August 10: 1. Approved the tentative subdivision map of Twin Oaks West. The subdivision is a 25 -acre parcel located on the west side.of.Mills Avenue from Cape'll Drive north to Son Ray Manor. 2.•. Approved the request of Mrs. Frieda Permann for a use permit to operate a one -operator beauty shop in the R-3 zone at 1206 South Hutchins Street where a similar shop is now being operated by G. R. Dickhoff. REZONING NIS The Planning Commission recommended the rezoning from KETTLBMAN BTI9 -the R-1 and R-2 single family zone and the R-3 multiple HAN AND FAIRMONT. family residential zone to the C -P commercials professional office zone for the 5.5 acre parcel located along the north side of.Kettleman Lane between Fairmont Avenue'and Ham Lane.. On.motion of Councilman Culbertson,. Kirsten, second, the proposal was set for hearing on September.2, 1564.. DRAII4AGE - The City i ager presented the tentative map of Twin TWIN CAIS Oaks Wast in order to show the Council the location WEST SUED. of 3h' acres which the subdivider has offered to sell to the City in order to provide'stosm drainage by ponding. The subdivider is willing.to sell the prop- erty'for the same price paid for it and will let the City defer payment. A patch of trees which should be preserved is on this property.. This site fits in with the City's ponding plan. Adjacent land will eventually be required for the full size of the ponding basin. Councilman Dow moved that the City.Manager be author- ized to negotiate with the subdivider for the A acres, based on his offer. The motion was seconded by Councilman Culbertson and carried. - 2 - 10: Minutes of August 19, 1964 continued COMMUNICATIONS NAPA RE A resolution was received from the City of Napa SCHOOL SITES encouraging the continued provision of adequate school section and the State's recommendation that the sites and joint recreation use. The communication was southerly driveway on the west side of the Mar Val ordered filed on motion of Councilman -Culbertson, Dow Market be eliminated, Mr. Glaves reported that he had second. LEGION Mayor Brown said an invitation had been received from INVITATION the Lodi Post of the American Legion to attend their bear any of the expense. The costs of the signals to installation of officers on August 21, 1964. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of $141,506.92 were approved on birs. Wayne Cofer, Lowe's Village, read a letter from motion of Councilman Dow, Kirsten second. SPECS - Mr. Glaves stated that the City Librarian, Mr. Leonard LIBRARY FLOOR Lachendzo, had checked with different suppliers and COVERING that there was only one grade of 1/8" vinyl asbestos that route is unsafe for school children and impractical tile. Therefore the specifications for floor covering - for the Library as presented at the meeting of August 5 Committee has contacted the owners of the businesses were adequate. On motion of Councilman Dow, Kixsten at this intersection and they are of the opinion that second, the City Council adopted the specifications the intersection is very dangerous; a -great hazard and as presented and authorized calling for bids thereon. TRAFFIC'SIGNALS Concerning the traffic signals ihich-the Division of HUTCHINS AND Highways wishes to install in cooperation with the KETTLEMAN City and County at the Hutchins-Kettleman Lane inter- INTSRSECTION section and the State's recommendation that the southerly driveway on the west side of the Mar Val Market be eliminated, Mr. Glaves reported that he had talked to the Max Val owners and they are willing to have the driveway closed provided -they do not have to bear any of the expense. The costs of the signals to the City is estimated at $8,184. The balance of the costs will be shared by the County and the State. birs. Wayne Cofer, Lowe's Village, read a letter from the'Lowe's Village Safety Committee stating it would be a waste of taxpayers money to put pushbutton "Walk". "Don't Walk" signals at Hutchins and Kettleman because - that route is unsafe for school children and impractical - fox children going to recreational facilities. The - Committee has contacted the owners of the businesses at this intersection and they are of the opinion that - the intersection is very dangerous; a -great hazard and definitely unsafe for small children. The route that has been used in past years (crossing Kettleman at Church Street) is considered safest' -for the children. - Mrs. Cofer said she had talked to Mr. -Robert Tamblin, _- -- Principal at Leroy Nichols School, who said that the school patrol could -not be stationed at the Kettleman iniersection•because:according to regulations it was too far'from.thi 'school. Mr: Devern Darnell, 212 Charles Street,`and Mr. Warren Roach, 1036. South Central Avenue; partners in the Richfield Service Station 'at the Hutchins-Keitleman intersection, stated that this area was very hazardous for children and that routing them past the service station would create problems. They were in favor of stoplights but not the "Walk -Wait" signals. Councilman Culbertson said that he doubted there was any way to solve the problem short of a crossing -guard, bus, or car transportation. He recognized that the parents have a real problem, but hesitates to recommend flashing lights or signals at Church Street against the recommendation of the people who try to make the highways safe (State Division of Highways). He stated that up to a certain point statistics show that signs and signals are more 3 - 04 Minutes of August 19, 1964 continued hazardous than nothing. Councilman Walton agreed that a flashing light was not the answer. Nevertheless, traffic lights were needed at the Hutchins-Kettleman intersection even though it does not help the people of Lowe's Village, Councilman Walton stated these people should continue to seek a solution; perhaps authority at a higher level could do something. Council- man Culbertson moved that the City approve the cooperative installation of traffic signals, safety lighting and curbs at the Kettleman-Hutchins/West Lane intersection as outlined by the State Division of Highways. His motion was seconded by Councilman Dow and carried. SPECS - Specifications for Subdivision Paving - 1964 were SUED. PAVING presented for Council approval. On motion of Councilman Dow, Kirsten second, the Council adopted the specifi- cations and authorized calling for bids on the Subdi- vision Paving Project. SPECS - On motion of Councilman Culbertson, Dow second, the BASIN 1-1 Council adopted the preliminary plans and specifications STRUCTLRES for A-1 Retention Basin Structures and Piping and authorized advertising for bids thereon: ELEbWiTARY City Manager Glaves said an agreement had been drawn SCHOOLS up with the Lodi Elementary School District for use AGREEiiENT of approximately 2112 acres of the school site east of C-1 BASIN the freeway as a part of the Basin C-1 ponding area.'_:. The agreement provides that the use of the land is an extension of the reciprocal use agreement which the City has with the School District for recreation facilities. Under the new agreement the City will have the right to excavate for ponding. On motion of Councilman Culbertson, Dow second, the Council accepted the agreement and authorized its execution by the Mayor. PENSION Members of the Retirement System have elected Donald BOARD Cockayne and Darrell Wilson as the employee members APPOINTMENTS on the Pension Board and are requesting acceptance by the Council. Mayor Brown nominated Councilman Dow to take his place on the Pension Board. On motion of Councilman Culbertson, Kirsten second, the City Council confirmed the appointments of Donald Cockayne and Darrell Wilson to the Pension Board and appointed Councilman Orwin Dow to replace Mayor Brown on said Board...:. UTZLITY dir. Glaves explained $hat the owner of a lot in the EXTENSION Walnut Orchard Tract wanted someinformation concerning POLICY utility services to his lot. The Walnut Orchard Tract was subdivided in 1947 at which time the City installed the► gtilities at no cost.to.t_he developer. All the lots in the subdivision have utility service except this one lot. Mr. Graves' understanding is that the utilities should be extended under.the City's present policy and not the policy that was in effect in 1947, but he wished to have the determination of the Council on this policy. Mr. Wendel Davis, 601 Palm Avenue, ownpr of the lot, said that he had assumed the lot was provided with utilities or would be when he bought it, but discovered under the present policy of the City he would have to pay for the utilities. No mention of a problem with utilities had been made when he purchased the lot. After discussion of this and similar situations in,the City, it was moved by Council- man Dow, Culbertson second, that the Council reaffirm its policy that extension of utilities is to be done - 4 - i 0 E Minutes of August 19, 1964 continued - 5 - under present regulations and confirm the under- standing of the City Manager in regard to the lot of hir. Davis. Motion carried. ORDINANCE:: JUNK YARDS -ORDINANCE NO. 768, entitled "AN ORDINANCE Af�ENDING SECTION 27 OF THE CODE OF THE CITY OF LOO I REGARDING ORD. NO. 768 USE PERMITS FOR JUNK YARDS" having been introduced at ADOPTED the regular meeting of August 5, 1964, was brought up for passage on motion of Councilman Dow, Kirsten second. Second reading was omitted after reading by title and the ordinance was then passed, adopted and ordered to print by the following vote: AYES: Councilmen - CULBERTSON, DOW, KIRSTEN, WALTON and BROWN NOES: Councilmen - None ABSENT: Councilmen - None REZONING ORDINANCE NO. 769, entitled "A►MENDING THE OFFICIAL 1335 W.LOCKEFORD DISTRICT MAP OF THE CITY OF LODI AND THEREBY REZONING TO C -P LOT 1, RODINE SQUARE, TO BE IN THE C -P COMMERCIAL - PROFESSIONAL OFFICE ZONE" having been introduced at ORD. NO. 769 the regular meeting of August 5, 1964, was brought up ADOPTED for passage -on motion of Councilman Culbertson, Dow second. Second reading was omitted after reading by title and -the -ordinance was then passed, adopted and ordered.to•print by the following vote: AYES: Councilmen - CUL.BERTSON,-DOW, KIRSTEN, WAL70N and BROWN -NOES: Councilmen .. None ABSENT: Councilmen - None REPORTS OF THE CITY MANAGER (Continued) CORBIN LANE Mr. Glaves stated that Corbin Lane 70 feet west of ACCEPTED Alto Way to Lower Sacramento Road in the Westdale Sub- division has been completed and is ready for acceptance RES. NO. 2754 by the City. On motion of -Councilman Walton, Dow ADOPTED second, the City Council adopted Resolution No. 2754 accepting the above portion of Corbin Lane in the Westdale Subdivision. LAWE'S VILLAGE Councilman expressed concern that the traffic lights CHILDREN might not be in at the intersection of Hutchins and Kettleman when school starts and a crossing guard might be needed again •for the Lowe's village children. It was decided io have this matter placed on the September 2 agenda. 1964-65 Mr. Glaves stated that with`i6e present tax rate the TAX RATE City would be budgeting toa balance of approximately $33,000. He said that the Council's policy in the RES. NO. 2755 past has been to leave some balance. Councilman ADOPTED - Culbertson stated that the money •was needed for the capital improvement projects, that the_voters bad turned down a bond issue, and'that'the 180 raise in taxes last year had not done much good. Some people apparently prefer to pay for the City's needs on a pay-as-you-go basis'. He felt the tax should be raised 500. -Councilman Kirsten said the low tax rate was the worst kind of false economy when the City is faced with capital improvements; costs go up and the longer the delay, the more the people will have to pay. - 5 - f 04 Minutes of August 19, 19, 1964 continued Councilman Dow agreed that the City could not continue with a low tax, but felt that a 50,� increase might be hard for the property owners. He said there should be some other way to obtain the revenue, such as raising the water rates. Councilman Walton said that the City should know what it is going to do with the money before raising taxes. City Manager - Glaves said there are so many capital needs, that there would be no trouble in spending the money. He said an increase in taxes would serve to reduce a - bond issue. Mr. Fred Kleymeyer, 900 Mariposa, said that the City had gotten along in the past, but with the improvements scheduled the City needs to raise more money. He said there was nothing wrong in accumulating funds, and that the Council should boost utility charges. Mr. Robert Houston, 824 Mariposa, agreed with Mr. Kleymeyer; he said the needs in Lodi will continue and the City should use every revenue tool possible. In his opinion, the sewer rates are too low. Mr. Glaves said the problem was not the rates for the City's utilities, but the amount of the utilities revenue going into the General Fund. Councilman Culbertson moved that the Council adopt_ Resolution No. 2755 setting the following tax rate_ for 1964-65: General Fund j........$1.00 Pension Fund ......... .2275 Storm Drainage ....... .20 Sewage ............... .0725 Library .............. .18 Total $1.68 Mr. Culbertson's motion died for lack of a second. Councilman Kirsten moved that the Council adjourn to August 263 1964 for the purpose of setting the tax late. His motion was seconded by Councilman Walton. Council- man Dow moved that he be allowed to make a substitute motion to set the tax rate at $1.48. His motion was seconded by Mayor Brown. The motion carried by the_ following vote: AYES: Councilmen - DOW, WALTON and BROWN NOES: Councilmen - CUL.BERTSON and KIRSTEN Councilman Dow then moved the adoption of Resolution No. 2755 setting the 1964-65 tax rate as follows: General Fund .......$1.00 Pension Fund .10 Storm Drainage ..... .20 Library ............ .18 Total: $1.48 His motion was seconded by Councilman Walton and failed by the following vote: AYES: Councilmen - DOW and BROWN NOES: Councilmen ._ CULBERTSON, KIRSTEN and WALTON Councilman Walton moved the adoption of Resolution No. 2755 setting the 1964-65 tax rate as follows: General Fund .......$1.00 . Pension Fund ....... .20 Storm Drainage ..... .20 Library ..........s. .18 Total. Tax Rate $1.58 - 6 - Minutes of August 19, 1964 continued The motion was seconded by Councilman Dow and carried by the following vote: AYES: Councilmen - DOW, WALTON and BROWN NOBS: Councilmen - CULBERTSON and KIRSTEN ADJOURNMENT There being no further business, the Council adjourned at 11sO5 p.m. on motion of Councilman Dow, Kirsten second. Attest: BEATRICE GARIBALDI City Clerk - 7 -