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HomeMy WebLinkAboutMinutes - May 17, 1961117 CITY COUNCIL, CITY OF LODI CITY HALL COUNCIL CHAMBERS MAY 17, 1961 This regular meeting of the City Council of the City of Lodi held beginning at 8:00 p.m. of Wednesday, May 17, 1961. Council- men 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 May 39 1961 were approved as written and mailed on motion of Councilman Katzakian, Brown second. PUBLIC HEARINGS ANNEX Notice thereof having been published in accordance MAYER ADDN, with law, Mayor Culbertson called for public hearing on the proposed annexation of the Mayer ORD. N0. 694 Addition. There were no protests, written or INTRODUCED oral. On motion of Councilman Brown, Mitchell second, the City Council introduced Ordinance No. 694 by reading of title only and waiving the reading of the ordinance in full, annexing the Mayer Addition to the City of Lodi. FLAHERTY Mr. Ralph Christianson, 38 Wellington Way, spoke USE PERMIT on behalf of himself and Dr. Donald Brown as co- owners of the property at 1004 South Cherokee Lane for which a use permit for a body and fender shop had been granted by the Planning Commission. Mr. Christianson stated that because an appeal had been filed with the Council on the decision of the Planning Commission the prospective lessees had changed their minds about leasing the prop- erty as they did not want their neighbors against them. He felt that he and Dr. Brown were being unfairly treated for the following reasons: They had bought this -property with the understand- ing that it had C-2 zoning subject to a use per- mit for certain businesses; they had facilities which previously had been used as a sheet metal shop and were now being penalized by adjoining property owners who had nothing more than plans for their property; these adjoining property owners should have been aware of the use made of the Christianson and -Brown property in the past when they purchased the adjoining property and should not have the right to appeal to the Coun- cil for a change in the Planning Commission's decision. Mr. Christianson and Dr. Brown were informed that the Planning Commission had granted the use permit so had not prevented the leasing of the property and that the ability to appeal was a part of the constitutional -process and a requirement of the State.Planning Act. PLANNING COMMISSION BA.RBERA AND City Manager Glaves read .the report from the FORD REQUESTS Planning Commission recommending the rezoning of FOR C -S ZONING the Edward Barbera property from R-1 family resi- dential and C-1 neighborhood commercial to the . C -S commercial shopping zone. This property con- sists of a ten -acre parcel located along the south side of Kettleman Lane between West Lane bnd Church Street. Approval by the Planning 118 Minutes of May 17, 1961 continued Commission was based on development in accordance with the plot plan of the proposed shopping center which was modified to.eliminate the second service station and to provide screening along the street frontages of the development except where directly across the street from commercial development. On motion of Councilman Brown, Mitchell second, the matter was set for public hearing on June 7. 1961, Mr. Glaves then read the recommendation of the Planning Commission that approval be granted to the request of Mr. William Ford for a change of zoning from the R-1 family residential to the C-3 commercial shopping zone for a 14.2 -acre parcel located along the north side of Kettleman Lane between Ham Lane and Fairmont Avenue. Approval was based upon development in accordance with the plot plan of the proposed shopping center which was submitted by the developer, with the stipulation that the department store with a 30,000 square foot mini- mum floor area be constructed in the first stage of development. Councilman Brown moved that his original motion setting the public hearing on the Barbera rezoning request be rescinded and that both the Barbera rezoning request and the Ford rezoning request be set for public hearing on July 5, 1961, so as to have the hearings on the same right.in fairness to both applicants and in order that Planning Director Rodgers may be present. (He will be vacationing June 7.) The motion was seconded by Councilman Mitchell and carried. PC ACTIONS Mr. Glaves then reported the following actions taken by the Planning Commission: 1. Denied the -request of Mr. Howard Mason for a change of zoning from the R-1 one -family residential zone to the R-3 limited multiple family residential zone fox` property located along the north side of Turner Road immedi- ately east'of Edgewood Drive (Lots 1 - 6, Willow Glen Subdivision). 2. Approved the request of Mr. Don Flaherty for a use permit to operate a body and fender shop at 1004 South Cherokee Lane in the C-2 general commercial zone. This permit was made subject to several con- ditions which would reduce the adverse effect of the business on nearby properties. COMMUNICATIONS• FLAHERTY Letter from Wendell R. Davis, Fern M. Davis, and USE PERMIT Gordon L. Davis appealing the decision of the ApR,EA,LED Planning Commissicn granting a use permit to Flaherty Bros. to operate a body and fender shop at 1004 South Cherokee Lane which is adjacent to the property owned by theabove mentioned people. In view of the statement made earlier in the meeting by Mr. Christianson that Flaherty Bros. were withdrawing their request for a use permit since they had changed their minds about leasing this property, the Council postponed action on the appeal until the next regular meeting. I tq Minutes of May 1%, 1961 continued DR. ROGET Letter from Dr. Gordon B. Roget requesting per - FALL -OUT mission to complete the construction of a fall - SHELTER out shelter for which a hole has been dug and concrete floor poured. He had started construc- tion without a building permit since he was not aware that a permit would be required for such a structure. According to Chief Building Inspector Paul McClure, who was in the audience, the hole is five or six feet within the easement and water pipe has been exposed by the excavation. Members of the Council felt that the building of a shelter was a worthy project, but that Dr. Roget should conform to the City's policy of.not permitting structures within easements and to the City's building requirements, and on motion of Council- man Mitchell, Katzakian second, the request for an encroachment into the easement was denied. SCHOOL BOARD Letter from the school board of the Lodi Union RE SWIMMING High School District informing the Council that POOL AT the school board is interested in constructing a WEST CAMPUS swimming pool at the West Campus of the high school in cooperation with the City providing that the school district pay one-half of the cost not to exceed 435,00.0.00. Declaring that the Council had already expressed its villingness,to cooperate with the school board in constructing a swimming pool at West Campus, Councilman Mit- chell moved that the offer of the school board be referred to the Recreation Commission and the Department of Public Works to investigate and report on requirements for such a project. Motion was seconded by Councilman Ullman and carried. ABC LICENSE Notice of application for Alcoholic Beverage License, On Sale Beer, for Maria and Masami Shimose, Main Hotel Club, 8 S. Main Street. MELBER AYERS Mayor Culbertson read a letter he had received RESIGNS from Melber Ayers resigning from the Planning FROM P.C. Commission effective May 8th. Mr. Ayer's resig- nation was due to his moving away from Lodi. Councilman Katzakian moved that a letter accepting the resignation with regrets and expressing the City's appreciation for.his service on the Planning Commission be sent to Mr. Ayers. Councilman Brown seconded the motion which passed unanimously. MAYOR OF KOFU Mayor Culbertson then read a letter which he had TO VISIT LODI received from the Mayor of.Kofu accepting Lodi's offer of sister -city relationship and stating RES. NO. 2445 that he would be coming to the United States and ADOPTED would be visiting Lodi for three days after arriving in. San Francisco on May.28. Mayor Culbertson appointed the following citizens committee to make arrangements for housing and entertaining our distinguished guest: George Creighton, Chairman; Fred Weybret, Roy Miura, H. Lawson Smith, Fred M. Brown, Bill Lange and Frank Carlton. On motion of Councilman Brown, ;Mitchell second, the Council adopted Resolution No. 2445 welcoming the Mayor of Kofu and calling on the citizens of Lodi to join in the welcome. REPORTS OF THE CITY MANAGER CLAIMS Claims in the amount of 81301127.65 were approved on motion of Councilman Katzakian, Brown second. 120 Minutes of May 17, 1961 continued SPECS Specifications for concrete pipe which it is anticipated CONCRETE PIPE will be required for the next six months were approved and advertising for bids authorized on motion of Councilman 3rown, Mitchell second. GAS TAX FUNDS The project statement for gas tax funds for the 1961-62 fiscal year was presented for approval. RES. NO. 2446 $40,000 has been budgeted for Lodi Avenue, $2,000 ADOPTED of which is for right of way. (The Lodi Avenue project will cost around $100,000 and is not expected to be done this coming year.) The amount of $5,785 has been budgeted for engineering funds and $20,000 for street maintenance. On motion of Councilman Katzakian, Brown second, the Council adopted Resolution No. 2446 adopting and submitting a budget for expenditure of funds allocated to the Division of Highways from the State Highway Fund. CIVIC CENTER The City *Tanager stated that Mrs. Martha Dickhoff ACQUISITION had offered to sell her property at 220 West Elm Street to the City for a total of $35,740 t,,AJ�,,5 which included the cost of the land, an urnish- ,t ' ings, and that the executrix of the estate of Adolph Krumb was offering the parcel at 212 West Elm Street to the City for $14,800, including land, buildings and furnishings. On motion of Councilman Katzakian, Mitchell second, the Coun- cil approved purchasing both parcels for the amounts requested and authorized the City Manager to sign the agreement on the Krumb property. COMPLAINANTS Mayor Culbertson stated that several property RE LOCKEPORD owners who felt they had a grievance had contacted ST R/ W him regarding the City's acquisition of right of way on Lockeford Street and he had informed them they should come before the Council to state their case. Stanley D. Kirst, Dr. Thomas Carle- ton and Jefferson Davis were present to express their views. Mr. Kirst addressed the C6uncil, explaining that he wished to get the highest use out of his property withoiit injuring the City, but he felt that the City's offer of- 780 per square foot was inadequate and that he should receive damage because he would be losing 14 Rett Rett of frontage at the tip of his property where the railroad'orossed Pleasant Avenue. He said he had intended to use this point of land for a sign. -He said he had received an offer of $326.04 - which would be 91J¢ per square foot if there was no severance damage. Ee felt this was unfair to other property owners who would be getting less.. Dr. Thomas Carleton said he had been offered 780' per square foot for his 5+J -foot strip which he considered adequate but his complaint was that the City had offered him only $150 for a rental building for which he felt he should receive damages of $545. Mr. Davis said he had been offered 720 per square foot which he was not willing to accept since he felt it was too low for the value of his commercial property on the southwest corner of Pleasant and Lockeford. He comyered itwithother commercial property on Lackeford Street. �.f;$,rlaisgo'.� riv�h stated that the City's con - was to ae�iifni]!� pYf'oe, 'i�gal2y and ,flis ,actually. Thti4 GiVj W&s v,bl a"eted to 'treht both the property oWiie b afld �h* iakpayers fairly- I ZY Minutes of May 17, 1961 continued He stated that after talking with appraisers he had offered Dr. Carelton 78¢ per square foot and that he could not offer Dr. Carleton severance damage for his rented cabin since the Building Inspector had told him the cabin did not comply with the State Health and Safety Code and would have been condemned several years ago if Dr. Carleton had not told him he intended to remove the building voluntarily. Therefore the City Manager had offered $150 as nuisance value for removal of the cabin. Mr. Glaves also stated that Mr. Kirst had asked $750 for his parcel which amount could not be justified. He also stated the $326 offered Mr. Kirst included severance damage for the loss of front footage which accounted for the amount over 78¢ a square foot. City Attorney Mullen suggested that the property owners ouote the amount they wished to receive and they then gave the following figures: Stanley Kirst, roughly $576.00 Jefferson Davis, $825.00 Dr. Thomas Carleton, $1,620.00 Members of the Council felt that the administration had received competent appraisals of the properties involved, that a fair price had been offered, and that since the City's offers were not acceptable, the City Attorney should continue the condmenation proceedings. CHEROKEE LANE City Manager Glaves stated that before turning RESURFACING Cherokee Lane over to the City (after the Bypass & STRIPING is completed) the State Division of Highways would resurface and restripe it and had submitted plans thereof for the City's approval. The Director of Public Works had recommended that the plans be approved with the addition of left -turn •pockets for south -bound traffic at Lodi Avenue and Vine Street. On motion of Councilman Katzakian, Brown second, the Council approved the plans with the modifications recommended by the Director of Public Works. •OUTSIDE WATER Mr. Glaves reported that United Vintners was SERVICE asking for water service for the dwelling and UNITED VINTNERSoffice at the Shewan-Jones plant which is no longer being used for grape processing. This is outside the City Limits. The City Manager stated that the City's policy relating to services out- side the City Limits was developed to encourage annexations at a time when it became apparent that granting of municipal services did in effect discourage orderly annexation. He expressed the opinion that, since the request for water was limited to service to the caretaker's house and the former office building which is leased to a church, there is little liklihood that any pros- pective annexation of the entire property would be affected by service as requested to a small portion of the total property as long as it was clearly understood that the service could not be extended. After observing that United Vintners had been most cooperative in granting right-of- way for the Turner Road Underpass project, the City Council on motion of Councilman Mitchell, 122 minutes of May 17, 1961 continued Brown second, voted to approve the granting of water service to the caretaker's home and the former office (now occupied by a church) with the understanding that the service is restricted to present uses and any change in use of either facility will require review of this grant, and with further provision that all costs of extension will be borne by United Vintners. + STREET WORK The City Manager informed the Council that he had approved s.urfacing of Holly Drive Ust of Ham Lane and the base construction of Mills Avenue from Capell Drive to Lodi Avenue since the costs thereof would be taken care of by underruns in other street projects and the crews have the time to do the work. PEDESTRIAN In answer to his letter to the Division of High - USE OF ways concerning pedestrian use of the 99 Highway HIGHWAY bridges crossing the Mokelumne River, Mr. Glaves BRIDGES reported that the Division of Highways had noti- fied him that they had conducted a study of pedestrian use of the bridges and found it to be negligible. Present use of the bridges by pedestrians and cyclists does not warrant con- struction of separate pedestrian facilities, and the hazards of walking or cycling along the bridges, especially in darkness, are considered too great to end the present legal restriction. However, the pedestrian situation at the bridges will be subject to review by the Division of Highways as future development of the area takes place. There being no further business, the Council adjourned. ATTEST: BEATRIC GARIBALDI iCity C1_rk -