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HomeMy WebLinkAboutMinutes - September 7, 195544 CITY COUNCIL, CI'T'Y OF LODI COUNCIL CHAMBER, CITY HALL SEPTEMBER 7, 1955 This regular meeting of the City Council of the City of Lodi held beginning at 8:00 o'clock p.m. of Wednesday, September 7, 1955;"Councilmen Fuller, Hughes, Kitchell, Richey, and Robinson (vayor) present; none absent. City Attorney Mullen and City `Manager Weller also present. Minutes of the previous meetings of August 17, 1955, and August 24, 1955, were approved as written and mailed. CC" ^4U:•i I CATIONS JOINT MEETI:dG Letter from Dr. Coffield, Chairman, Library Board WITH of Trustees, stating that the Library Board would LIBRARY BOARD appreciate an opportunity to meet with the City Council to discuss library problems. The City Manager was authorized to arrange a meeting with the Library Board at a time suitable to both bodies. HERMAN Mr. Weller stated that a notice had been received HEARING of a hearing before the Industrial Accident Com- mission on the claim of Mrs. Millie Herman as the result of the death of her husband. Mr. Mullen stated that he would be out of town at the time of the hearing, but suggested that Mr. Anthony Perovich,.his partner, be appointed Assistant City Attorney to represent the City Et this hear - in,. He stated that this would involve no addi- PEROVICH tional expense to the City. On the motion of ASST. CIT`_' Councilman Fuller, Hughes second, the Council ATTCRdEY ratified the appointment of Mr. Anthony Perovich as Assistant City Attorney. PUBLIC HEARINGS SPITmLER- This being the time and place set for the hearing XcLANE of protests to the proposed rezoning from R-2 to REZONING R-3 of Lots 51, 52, and the South 9.21 feet of Lot 53 of Hutchins Homestead Addition No. 3, Mayor ORD. NO.538 Robinson called for the interested parties to INTRODUCED address the City Council. No protests or objec- tions to the proposed rezoning were presented. Councilman Fuller moved, Richey second, the intro- duction of Ordinance No. 538, approving the rezoning from R-2 to R-3 o`_' the above property. The motion carried by unanimous vote. HELXENSTEIii Mayor Robinson then called for those wishing to REZONING discuss the proposed rezoning of Lots 17 and 18 of the Helmenstein Tract to address the Council. CRD. NO -539 No protests were offered to the proposed rezoning. INTRODUCED On the motion of Councilman Fuller, Richey second, the Council voted to introduce Ordinance No. 539, approving the rezoning from R-4 to C-2 of the above property. 3CHNEIDER }fayor Robinson then called for a discussion on the REZONING proposed rezoning of the South 500 feet of the North 956 Peet of the East 957 feet of Section 11, T3N, R6E, =from R-1 to C-1. The property represents the ?North 10.92 acres of the Tokay Gardens Sub- - division as shown on a tentative --ab filed with the City Planning Commission. Mr. ted Schneider, owner of the property, explained that his sub- division, Tokay Gardens, constituted 30 acres ANNEXATION This being the time and place set for the hearing BARBERA ADD. of protests to the proposed annexation of the "Barbera Addition" at the corner of Kettleman Lane ORD. N0.51+1 and Hutchins Street, Mayor Robinson called for INTRODUCED such protests. There being no protests offered, Ordinance No. 541, approving the annexati on of the Barbera Addition, was introduced on the motion of Councilman Richey, Mitchell second. REPORTS OF THE CITY MANAGER CONTRACT FCR Mr. Weller presented a contract proposed by the OPERATION OF State Division of Beaches and Parks to provide LA=- PARK for the operation and maintenance of Lodi Lake Park 'until such time as the Division of Beaches and Parks undertakes the operation as a State Park. Councilman Hughes objected that the con- tract should be returned to the Division of Minutes of September 'I, 1955, continued 448 of which the south 20 acres was to be in residen- tial subdivision. He planned a shopping center for the north 10 acres and would provide parking at the ratio of 3 sq. ft. of parking fur each square foot of building. He also stated that he had purchased the necessary property to ex- tend Rose Street south from Lodi Avenue to the proposed shopping center. Mrs. Ed Hepper, Mrs. 1015155 Harry Asay, and Mrs. Stanley ldhitaker spoke in support of-0j��=- the rezoning. The City Clerk read petitions both for and against the proposed rezon- ing. Councilman Mitchell stated that the matter had been before the City Planning Commission on two occasions and that body had reached no agree- ment so he felt action should be taken immediately on the question. Councilman Richey stated that. the broposed master plan should at least be con- sidered before taking action on any rezoning re- quest. Councilman Fuller then moved, Hughes second, that the matter be referred back to the City Plan- ning CoTimission for a determination and recommenda- tion nor the zoning of all property from Lodi Avenue to the proposed Schneider development. The motion carried by the following vote: AYES: Councilmen - Fuller, Hughes, and Richey NOES: Councilmen - Mitchell and Robinson ABSENT: Councilmen - None Mr. C. R. Van Buskirk then addressed the City,Council to ask that all statements of the City Planning Commission and City Council be recorded in the interest of justice. VACATION CF Mayor Robinson then called for the public hearing FALLS AVENUE on the question of the proposed abandonment of Falls Avenue between Grant Avenue and Rorer Avenue. ORD. N0.540 Mr. Orville Bracht addressed the Council to state INTRODUCED that the residents on Crescent Avenue only wished Falls Avenue to remain open until such time as Crescent Avenue is open to the south. The City Clerk stated that it is estimated that the streets in the Alshire Tract, just south of Crescent Avenue, will be improved within the next three weeks. On the motion of Councilman Richey, Kitchell second, Ordinance No. 540, ordering the vacation of Falls Avenue between Grant and Roper Avenues, was intro- duced. ANNEXATION This being the time and place set for the hearing BARBERA ADD. of protests to the proposed annexation of the "Barbera Addition" at the corner of Kettleman Lane ORD. N0.51+1 and Hutchins Street, Mayor Robinson called for INTRODUCED such protests. There being no protests offered, Ordinance No. 541, approving the annexati on of the Barbera Addition, was introduced on the motion of Councilman Richey, Mitchell second. REPORTS OF THE CITY MANAGER CONTRACT FCR Mr. Weller presented a contract proposed by the OPERATION OF State Division of Beaches and Parks to provide LA=- PARK for the operation and maintenance of Lodi Lake Park 'until such time as the Division of Beaches and Parks undertakes the operation as a State Park. Councilman Hughes objected that the con- tract should be returned to the Division of Minutes of September 7, 1955, continued. 449 Beaches and Parks for a provision for the State to share in the costs of operation. He stated he believed the contract gave the State authority to audit the books of the City and provided that the property must be posted as State property. City Attorney Mullen disagreed, reading portions of the contract giving the City of Lodi control over the operation of the Dark. Mr. C. R. Van Buskirk addressed the Council to state that the contract contains just what the representatives of the Division of Beaches and Parks had told the City Council would be required until such time as appro- priations were made available for the development of the Dark. He stated that the Council had nothin; RES. #1882 to fear from the State. Resolution No. 1832, ADOPTED authorizing the Mayor to sign the contract, was adopted on the motion of Councilman Mitchell, Richey second, by the following vote: AYES: Councilmen - Fuller, Mitchell, Richey, and Robinson NOES: Councilmen - Hughes ABSENT: Councilmen - None ELECTRIC The City Manager again presented the proposed or - RATES dinance increasing the electric rates in the City INCREASED of Lodi. Stating that the ordinance was proposed as an emergency ordinance, Mayor Rob-inson directed ORD. N0.537 the City Clerk to read the ordinance in full. Coun- ADOPTED cilman Richey then moved, Mitchell second, that (URGENCY ORD.) Ordinance No. 537, entitled "AN ORDINANCE REPEALING CERTAIN ORDINANCES AND PARTS OF ORDINANCES AND ESTABLISHING RATES FOR THE SALE OF ELECTRIC ENERGY BY THE CITY OF LODI AND DECLARING THE SAM--- TO BE AN URGENCY MEASURE" be adopted as an urgency or- dinance and that the same be published one time in the "Lodi News -Sentinel". The motion carried by the following vote: AYES: Councilmen - Fuller, Hughes, Mitchell, Richey and Robinson NOES: Councilmen - ."lone ABSENT: Councilmen - None Mayor Robinson then signed Ordinance No. 537 in approval thereof. CLAIMS Claims in the amount of $95,652.78 were approved on the motion of Councilman Richey, Hughes second. BUILDING The City Manager reported that he had received a PERMIT FEES memorandum from the Building Official requesting TAX SUPPORTED a clarification of the policy regarding the col - AGENCIES lection of building permit fees for school con- struction. The City Attorney has stated that case law is not clear on this question and he felt it was more a question of legislative policy. Council- man Fuller stated that he felt the City has the right to require a permit for construction, but when dealing with tax supported agencies he felt the _`ee should be waived. Councilman Richey stated that she felt it would be good public relations to waive the fees to the tax supported agencies. On the motion of Councilman Fuller, Mitchell second, the Council voted to waive the payment of the building permit fees to tax supported agencies in those instances only where the construction specifications provide that the tax supported agency is responsible for the payment of such fees. 450 Minutes of September 7, 1955, continued. CAPITAL Mr. Weller then provided the members of the Council OUTLAY with a statement of the position of the Capital FUND Outlay Fund including the expenditures approved in the 1955-55 Budget. AWARD STREET Mr. Weller reported that two bids had been received MATERIALS for furnishing the City with street materials and the bids were again identical. The first call for RES. #1874 bids had also resulted in the submission of identi- ADOPTED cal bids from Claude C. Wood Company and Rice Bros. EMERSON Mr. Weller recommended that the award be made to SCHOOL either of the bidders. The Council agreed that the GROUNDS award should not be divided between the bidders and there -ore selected the bidder to receive the con- tract by lot. On the motion of Councilman Mitchell, Richey second, the Council adopted Resolution No. 1874, awarding the contract for street materials for 1955-55 to Rice Brothers. -ONDE"fNATION The City `tanager reported that he had received a FOR ELM ST. memorandum from the City Engineer stating that two STORM SEWER years of negotiation for an easement through the Laughland property at the western extension of Elm Street had been to no avail. This easement is needed for the installation of a storm sewer trunk line. He therefore recommended that the City Attor- ney be authorized to exercise eminent domain in the acquisition of the easement. Councilman Fuller then moved, Richey second, that the matter be re- ferred to the City Attorney for the preparation of a resolution for condemnation of the easement. EMERSON Mayor Robinson then proposed that the future use SCHOOL of Emerson School grounds be discussed and a deci- GROUNDS sion reached. He suggested that the site could be used for a fire house or library. Councilman Fuller stated that he felt the construction of a fire house or library should be considered as an integral part of the capital outlay program. Councilman Hughes pointed out that the City had acquired the property within the last 50 days so he could see no urgency in reaching a decision. No further action was taken on the matter. WITHDRAW Resolution No. 1880, withdrawing the Willow Glen WILLOW GLEN Addition, annexed to the City of Lodi on August 22, ADD. FROM 1955, from the Woodbridge Rural Fire Protection W.R.F.P.D. District, was adopted on the motion of Councilman RES. #1880 Richey, Fuller second. ADOPTED WITHDRAW Resolution. No. 1881, withdrawing the Tokay Gardens TOKAY GARDENS Addition, annexed to the City of Lodi on August 22, ADD. FROM 1955, from the Woodbridge Rural Fire Protection W.R.F.P.D. District, was adopted on the motion of Councilman RES. #1881 Mitchell, Richey second. ADOPTED The meeting was adjourned at iO:35 p.m. ATTEST 4FNR7A. GLAVES, JR. City Clerk