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HomeMy WebLinkAboutMinutes - March 6, 1957125 CITY COUNCIL, CITY OF LODI COUNCIL CHAMBER, CITY HALL MARCH 6, 1957 This regular meeting of the City Council of -the City of Lodi held beginning at 8:00 o'clock p.m. of Wednesday, March 6, 1957; Councilman Fuller, Hughes, Katzakian, Robinson, and Mitchell (Mayor) present; none absent. City Manager Weller and City Attorney Mullen also present. Minutes of the previous meetings of February 6 and 20, 1957, were approved as written and mailed with the following correction in the paragraph entitled "Swimming Pool Bids" of the minutes of February 20, 1957: The figure of $41,000 in the second sentence of the above paragraph is changed to $42,000. PUBLIC HEARING OFF-STREET This being the time and place set for the hearing PkxRKING RE- of protests to the proposed amendment of the Zon- C4UIREb,ENTS ing Ordinance, Ordinance No. 469, to increase the off-street parking requirements, Mayor Mitchell called for such protests. The City Clerk reported that no written vrotests had been received. When no oral protests were offered from the audience in attendance, Mayor Mitchell called on City Attorney Mullen, who explained that the City Coun- cil had previously agreed to introduce the ord- inance amending the Zoning Ordinance with the AMEND ZONING preamble which will provide for review of off - ORDINANCE street parking requirements within Parking Dist- rict No. 1 after this district is in operation. Mayor Mitchell then called upon Mr. Chapman, Secretary of the Planning Commission, who explained the study which had taken place prior to the recommendations to the Planning Commission. Mr. Lindsay Marshall, Chairman of the City Planning Commission, explained that the amendment had been considered at great length by the Planning Com- mission and had been recommended by unanimous vote. He added that the Commission felt that this amendment was very important and should be adopted; however, he did not believe the Commission would object to changes in specific figures required for any one use. Their interest was primarily in the adoption of the amendment in general. Council- man Katzakian pointed out that the requirements for grocery stores and integrated shopping centers had been increased a great deal more than the re- quirements for other uses. He suggested that one EL1241INATE parking space for every 100 square feet of build - SHOPPING ing area was setting a minimum which was too high. CENTERS Councilman Fuller and Councilman Robinson agreed with this statement. It was agreed by the Council that one space for 250 square feet would be a more realistic minimum. Councilman Fuller asked if parking space at the curb would be counted toward the requirement. It was generally agreed that the curb space should not be taken into account. Mr. Culbertson sug?ested to the City Council that a 1 - 250 for shopping centers might be all right, but he suggested that grocery stores still be recuired to meet the higher requirement of 1 - 100. The City Clerk explained that the parking situation at the present time at the corner of Lodi Avenue and Crescent Avenue was bad despite the fact that only two of the corners were developed commercially. 126 Minutes of March 6, 1957, continued 0RD. NO. 583 He pointed out that much of this development INTRODUCED had taken place under the current provisions of the Zoning Ordinance. He also pointed out that it will be difficult for the Building Inspector to enforce one requirement for grocery stores, another requirement for com- mercial buildings and still a third require- ment for integrated shopping centers. He suggested that this problem could be overcome by the establishment of a common standard for all three uses. Mr. Jack Hoggatt, Sec- retary -Manager of the Lodi District Chamber of Commerce, stated that his organization had given consideration to the amendments, and he believed they would not object to easing the requirements for grocery stores, but he felt quite sure they would object strongly to in- creasing the requirement for commercial from 1 - 500 to a lesser ratio. Mr. Marshall suggested that if the definition of shopping centers would create confusion, this might be overcome by the elimination of any reference to shopping centers in the ordinance. City Clerk Glaves stated that the definition of shopping centers is not the thing breeding the difficulty, but rather the definition of commercial buildings. The Building Inspector would have no difficulty setting the require- ments when a plan for a shopping center was submitted to him, but he would have difficulty in determining when a commercial building be- came a shopping center. It was then generally agreed that the definition of integrated shopping centers and any reference to such use would be eliminated from the ordinance. Following the suggestion by the City Attorney that the hearing be continued and the amendments re- ferred to the City Planning Commission for reconsideration of the requirements for com- mercial buildings and shopping centers, Mr. Marshall stated he did not believe this would be a wise move and he urged the adoption of the ordinance without further delay. Mr Hoggatt was adamant that requirements for commercial structures should not be increased above the present requirements. He stated the Chamber of Commerce felt to increase the requirements for commercial buildings would have a detrimental effect on the growth of the downtown district. Mayor Mitchell then suggested that the ordinance be introduced with the commercial r eouirements remaining at 1 - 500 and all references to shopping centers deleted. Councilman Katzakian then offered the following motion, "With the understanding that when off-street parking lots have been acquired and are in use within the parking district, the City Council will review the parking requirements for the district and will eliminate all requirements for off- street parking or reduce the requirements for off-street parking, if in the opinion of the Council such action is warranted, I move that Ordinance No. 583 be introduced." The motion was seconded by Councilman Fuller and adopted by the following vote: IN:inutes of INiarch 6, 1957, continued 127 AYES: Councilmen - Hughes, Katzakian, Rob- inson and Mitchell NOES: Councilmen - Fuller ABSENT: Councilmen - None AYES: Councilmen - Fuller, Hughes, Kat- zakian and Ziitchell NOES: Councilmen - Robinson ABSENT: Councilmen - None REZONING BEL- mayor Mlitchell then called for the hearing of pro - AIR SUBD. NO.2 tests to the proposed rezoning of the subdivision known as Bel -Air Number 2 from the R-1 to the R-2 ORD. N0. 584 residential zoning. Therebbeing no protests either INTRODUCED written or oral, Ordinance No. 584, approving the rezoning as recommended by the City Planning Com- mission was introduced on the motion of Council- man Robinson, Katzakian second. REZONING LOCKE-Diayor IN:itchell then called for protests to the FORD AND HHwI proposed rezoning from C-1 to R-4 residential zone LANE for a portion of the propery located at the northwest corner of Ham Lane and Lockeford Street. The Mayor called on the City Clerk who explained that this 3.75 -acre parcel of land was zoned C-1 in December, 1955, after receiving assurance in the form of a letter from the owners, and prospective developers of the property that an integrated shopping center would be developed on this site. This letter from the property owners also gave assurance that the City Council would be at liberty, after January 1, 1957, to rezone such part of the property as was not then devoted to commercial use or being developed as a commercial use. He explained that none of the signers to this letter are now owners of the property. The present owner has acknowledged that he was aware of the letter and its contents, but he has now asked that the portion of the property fronting on Ham Lane and Lockeford Street be retained as commercial property, and that the balance of the parcel be rezoned from C-1 to R-4. The present owner had already secured a building permit for the construction of a commercial building on a portion- of the property f ronting on Lockeford Street, and has plans for the construction of a retail nursery on that property facing on Ham Lane. The City Clerk then exhibited tentative maps approved by the City Planning Commission for subdivision of the property which is proposed for ORD. NO. 585 R-4 zoning. He also exhibited maps demonstrating INTRODUCED that it would be possible to develop the adjoin- ing property for residential use. Councilman Robinson stated he objected to the tentative map of the subdivision on the basis that it included a street which would end in a cul-de-sac. Ord- inance i`fo. 585, approving the rezoning as recommended by the City Planning Commission, was then introduced on the ;notion of Councilman Robinson, Katzakian second. The :notion was carried by the following vote: AYES: Councilmen - Hughes, Katzakian, Rob- inson and Mitchell NOES: Councilmen - Fuller ABSENT: Councilmen - None t2s Minutes of March 6, 1957, continued Councilman Robinson then moved, Fuller second, that the tentative map of Rodine Square Sub- division be referred back to the City Planning Cow.mission for further study of street design. The motion passed by unanimous vote. COON REZONING Niayor Mitchell then called for protests of REJECTED the proposed rezoning from R-3 to C-1 of Lot 55 and portion of Lots 54 and 56 of the Knoll Subdivision. No protests either written or oral were received. Councilman Fuller stated he believed the recommendation of the City Planning Commission to rezone only a portion of the corner to commercial was questionable planning. He said he objected to the recom- mendation on the basis that it would leave the lot on the corner of Rimby and Hutchins Streets zoned for residential use, while the property lying to the west and to the south is commercialized. He felt that the entire corner should carry the same zoning classi- fication. Mr. Culbertson addressed the Coun- cil to explain that the residents of the area had opposed the commercial zoning for the corner property which is now in a residential use, but they did not object to the commercial zoning of the property now in commercial use but in a non -conforming status. It was ex- plained that the owner of the property facing Rimby Avenue wishes to remodel the metal structure on Rimby Avenue to make it more attractive, but he was unable to secure a loan on the property because it was not zoned for commercial use. Councilman Katzakian - then moved, Fuller second, that the recom- mendation of the Planning Commission be re- jected. The motion was passed by the follow- ing vote: AYES: Councilmen - Fuller, Hughes, Kat- zakian, and Robinson NOES: Councilmen - Mitchell ABSENT: Councilmen - None REZONING POR. Mr. Weller then read from the minutes of the OF CRESCENT MANOR City Planning Commission meeting of February SUBD. & POR. 25, the recommendation by the Commission that STURLA SCHOOL ADD. Lots 16 and 17 of Crescent Manor Subdivision be rezoned from R-3 to R-4. He also read a recommendation from the Commission that lots 6, 7, g, 9, and 10 of Block 1, Sturla School Addition be rezoned from R-4 to C-1. These matters were then set for public hearing on March 20, 1957. HAUSAUER USE Mr. Weller then read from the minutes of the PERN:IT same meeting that a use permit had been granted to Mr. Emil Hausauer for the operation of an automotive wrecking yard at 614 South Main Street. He informed the City Council that a petition had been filed with the City Clerk, in accordance with the zoning ordinance, WRECKING YARD appealing the decision by the Planning Com- mission for the use permit. A letter dated Larch 1, 1957, from Pair. F.I. Collier, protest- ing the use permit was read.by the City Clerk. The public hearing on the appeal was set for March 20, 1957, on the motion of Councilman Robinson, Hughes second. ininutes of :harch 6, 1957, continued 129 REPORTS OF THE CITY MANAGER LODI LAKE PARK The City Manager read a letter, dated February ABANDONED BY 18, 1957, from the Chief of the State Division of STATE Beaches and Parks. The letter in part reads as follows: "The State Park Commission at their meeting held in Sacramento on February 15, 1957, gave further and close consideration to the desirability of proceeding with the establishment of a State park at Lodi Lake. It was unanimously decided, particularly with the intrusion of the subdivision into the heart of the project, that it would be inadvisable to continue with our plans for a park at that location. Therefore, we are LAKE OPERATING returning herewith the deed to the City property AGREL:ENT and our file on the.project is being closed." CANCELLED Air. Weller then advised the Council that the operating agreement for Lodi Lake Park, which the City had signed with the Division of Beaches and Parks, had likewise been cancelled and returned to the City on March 4, 1957. Councilman Robin- son stated that although he did not question the authority of' the State Division of Beaches and Parks to eliminate Lodi Lake Park from the State Park system, he felt it was very unfair for them to Dlace the blame for their action on Mr. Howard i;ason and Mr. J.N. Ballantyne, the developers of Willow Glen Subdivision. He stated that every step taken by the subdividers was done with the knowlede of the Division of Beaches and Parks. Councilman Fuller agreed with this statement, adding that it appeared to him to be an excuse rather than a reason. RENTAL OF Mr. Weller submitted a proposed agreement for STADIUM TO use of Lodi Stadium by the Western Auto Racing WESTERN AUTO Association. He pointed out that the Association RACING ASSO. had rented the facilities during 1956, and the present contract is identical to the 1956 agree- ment. He also informed the Council that the agreement had been approved by the Recreation Commission. The contract was approved and the Mayor authorized to sign on the motion of Coun- cilman Fuller, Katzakian second. CENTRAL CALIF. The Cita Manager reported a request had been TRACTION CO. received from the Central California Traction RELOCATE BLDG. Company for permission to relocate, on the same lot, their packing shed on the southwest corner of Maple and Lockeford Streets. The present shed is now parallel with Maple Street, whereas in the new position it will be parallelwith Stockton Street. They further request industrial type curb and gutter on Stockton Street in front of the newly located site. This would constitute a continuous driveway from Maple Street south for a distance of 120 feet. The City Engineer pointed out that Stockton Street is planned for a 60 - foot paved width which will reouire an additional 5 feet for sidewalk over and above the existing right-of-way. He suggested that the request could be granted on the condition that they deed an additional 5 feet to the City for widening purposes. He further suggested that the City provide in line with its present policy, curb, gutter and sidewalks in exchange for dedication of the land. Action on the request was deferred to the next meeting in order to gather infor- mation on the availability of additional right- of-way along the -balance of the street. Minutes of March 6, 1957, continued PLANNING DIRECTOR The City Manager then recommended that the City ESTABLISHED Council authorize the position of a Planning Director at a salary range of $550 to ;640 per month. He further recommended that the posi- tion be established as an unclassified position. The recommendation was approved on the motion of Councilman Hughes, Katzakian second. CLAIMS Claims in the amount of 468,438.68 were approved on the motion of Councilman Katzakian, Rob- _ inson second. ELIMIN„TION OF ORDINANCE NO. 582, ENTITLED "AN ORDINANCE RE - DIAGONAL Pi:RK'ING PEALING SECTION 194 0) OF ORDINANCE NO. 493 ON STOCKTON ST. , ENTITLED 'AN ORDINANCE OF THE CITY OF LODI REGULATING TRAFFIC.UPON THE PUBLIC STREETS AND REPEALING ORDINANCES NOS. 64, 137, 222, 233, 446, AND ALL OTHER ORDINANCES AND PARTS OF OhDINANCES IN CONFLICT HEREWITH' TO E;LI11INATE DIAGONAL PARKING ON NORTH S TOCKTON STREET BE- TWEEN ELM AND LOCUST STREETS", having been introduced at the February 20, 1957 meeting, ORD. NO. 582 was brought up for passage on the motion of ADOPTED Councilman Robinson, Hughes second. Second reading was omitted after reading by title, and was then passed, adopted and ordered to print by the following vote: AYES: Councilmen - Hughes, Robinson and Mitchell NOES: Councilmen - Fuller and Katzakian ABSENT: Councilmen - None Ordinance No. 582 was then signed by Mayor Mitchell in approval thereof. _ SOUTHERN BAPTIST The City Clerk informed the Council that the CHURCH BEQUESTS Southern Baptist Church had requested the EXT. OF 'MATER extension of water services to the new church SERVICES site on West Lodi Avenue. He explained that the church has submitted a Detition for the annexation of this property, and the Council had previously adopted Resolution No. 1996, declaring its intention to annex the property and setting the matter for public hearing on 11arch 20, 1957. The church desires the service prior to their opening on idarch 17, 1957. Councilman Katzakian moved, Robinson second, that the request for water service be granted on a temporary basis to be terminated if and when a protest to.the annexation is filed with the City Council, or June 1, 1957, which ever date occurs first; and that the service be granted only upon the receipt of a letter from the Southern Baptist Church ack- nowledging its understanding that the service be granted only upon the receipt of a letter from the Southern Baptist Church acknowledging its understanding that the service granted is temporary. The motion was adopted by unanimous vote. The meeting was adjourned a 10:45 p.m. on the order of the Mayor. YAZ A ATTEST: .ENRY,AGR. City Clerk