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HomeMy WebLinkAboutMinutes - October 5, 1955452 CITY COUNCIL CITY OF LODI COtTNCIL CHAFER, CITY HALL OCTOBER 5, 1955 This regular meeting of the City..Council of the City of Lodi held beginning at 8:00 o'clock p.m. of Wednesday, October 5, 1955; Councilmen Fuller, Hughes, Mitchell, Richey, and — Robinson (Mayor) present; none absent. City Attorney Mullen and City Manager Weller also present. Minutes of the previous meetings of July 6, 1955, September 7, 1955, and September 21, 1955, were approved with the following correction made to the minutes of September 7, 1955: The sixth sentence under the paragraph entitled "Schneider Rezoning" under Public hearings is corrected to read as follows: "Mrs. Ed Hepper, firs. Harry Asay, and Mrs. Stanley Whitaker spoke in support of the rezoning." COKMUNICATIONS LETTER FROM Letter from Lodi Public Schools Superintendent, SCHOOL BOARD H. Lawson Smith, dated September 14, 1955, express- ing the appreciation of the High School District for the City Council action in exempting contractors from the building permit fees for the new high school. BARBERA Letter from Edward Barbera, dated September 10, SHOPPING 1955, advising the City Council that any rumor CENTER to the effect that he has changed his plans regard- ing a shopping center at the corner of West Lane and Kettleman Lane is unfounded. He stated that the balance of his property is available for commercial development at any time that the need or demand for such development becomes apparent. GRAPE Three letters from the Lodi Grape Festival and FESTIVAL Wine Show expressing its appreciation for the cooperation and help from the Police, Fire and Recreation Departments during the recent Festival season. APPEAL An appeal by Ted Schneider, dated September 26, SCHNEIDER 1955, filed with the City Clerk September 30, REZONING 1955, from the decision of the City Planning Com- mission in rejecting his request for the rezoning of the north 10.9 acres of Tokay Gardens sub- division from R-1 to C-1. Mr. Schneider based his appear on the following grounds: 1. That public necessity, convenience, general welfare and good zoning practice require the requested rezoning. 2. That hardship and injustice result from the adverse decision of the Planning Commis- sion, in that he had been informed that it was necessary that all property be annexed as R-1 Residence zone, when it would have been possible under Section 4.2 of Ordinance No. 469 to classify the property under ques- tion in the C-1 zone at the time of annexa- tion. r- Minutes of 'October 5, 1955, continued. 458 3. That 'fhe ,adverse decision of the Planning Commission is inconsistent with other decisions made by the Planning Commission in rezoning property located at the intersection of Ham Lane and Lockeford Street, and it is not good zoning practice for said Planning Com- mission to allow such rezoning and refuse his request for rezoning. Mayor Robinson explained that under the provisions of the Zoning Ordinance, Mr. Schneider's appeal must be set for public hearing and also referred to the City Planning Commission for a supplemental report. In answer to a question from Mr. Goehring, attorney representing Mr. Schneider, the City Attorney explained the appeal procedure outlined in the Zoning Ordinance and explained that no delay would be incurred since the Planning Commission would only be submitting a report as to the reasons for PUBLIC taking its action, and it would not require addi- HEARING tional hearings on the part of the Planning Com - SET mission. Councilman Fuller then moved, Hughes second, that the matter be referred to the City Planning Commission for a,supplemental report and a public hearing on the appeal be set for October 19, 1955. The motion carried by unanimous vote. PUBLIC HEARING EXTRA WIDTH Mr. Frolic, 1235 South Sacramento Street, requested DRIVEWAY approval of two extra width driveways in front of SOUTH his property at the above address. He explained SACRAMENTO that a pipeline was being laid at this time and STREET he wished to install curb and gutter before the street was repaired. His property is used as a trailer court and he wished approval of one 21 -foot and one 35 -foot driveway. On the motion of Council- man Hughes, Fuller second, the Council voted to approve the request subject to the approval of the City Engineer. REPORTS OF THE CITY MANAGER CHIPPER The City Council on the motion of Councilman Fuller, SPECS Richey second, approved specifications for a gasoline driven wood chipper and authorized the calling for bids. A111TNIIAL AUDIT The City Council then approved specifications for SPECS the annual audit on the motion of Councilman Richey, Mitchell second. CLAIMS Claims in the amount of $129,203.84 were approved on the motion of Councilman Richey, Mitchell second. LAUCHLAND City Attorney Robert Mullen reported to the City EASEMENT Council that according to understanding of the ,his instructions of the City Council at the September 7 meeting, he met with Mr. William Lauchland to negotiate the easement for storm sewer. He reported that he was able to reach an agreement with Mr. Lauchland and received the easement for the sum of $1,500.00, which has been paid as a result of the September 7, 1955 action of the City Council. Councilman Hughes moved, Mitchell second, that the City Council concur in the City Attorney's interpretation of the City Council's previous action and approve the payment of $1,500.00 for the easement secured. The motion passed by unani- mous vote. 4.4 Minutes of October 5, 1955 continued. ABANDONMENT Mr. Weller reported that the City had received OF MAGNOLIA a request from the abandonment of Magnolia Ave - AVENUE nue--a street dedicated on a map entitled "Burr's Addition to Lodi, Subdivision of Lot No. 211, RES. ,-"1883 filed March 31, 1888. He explained that the ADOPTED title companies apparently have no record of its abandonment, despite the fact that it has never been improved. On the motion of Council- man Hughes, Fuller second, the Council voted to adopt Resolution No. 1883, declaring its intention to abandon Magnolia Avenue and setting a public hearing on the matter for November 16, 1955. In the same motion the matter was referred to the City Planning Commission for comment. CITY PLANNING COMMISSION REZONING Upon the reading of a report from the Planning N1d CORNER Commission stating that the Commission had approved LOCKEF^ORD- the requested rezoning from R-1 to C-1 of 3.75 HAM LANE acres at the northwest corner of Ham Lane and REZONING Lockeford Street, the City Council voted to set the matter for public hearing on October 19, 1955, on the motion of Councilman Richey, Fuller second. AMEND COM- At the same meeting, the City Planning Commission MERCIAL USE adopted C.P.C. Resolution No. 9, amending C.P.C. LIST Resolution No. 1 by the addition of the following words to Group.F of the Use List: "Signs project - RES. #1884 ing from buildings". Councilman Fuller then moved, ADOPTED Richey second, that the Council adopt Resolution No. 1884, adding signs projecting from buildings to the Use List adopted by the City Council by Resolution No. 1719. The motion was passed by unanimous vote. REZONING The Planning Commission approved the rezoning LODI AVENUE from R-4 and R-3 to C-1 of all that property not AND HUTCHINS already so classified between Hutchins Street, STREET Crescent Avenue, Lodi Avenue and a line drawn 456.4 feet southerly and parallel to the north line of Section 11, T3N, R6E, M.D.B.& M. The matter was set for public hearing before the City Council at the next regular meeting, October 19, 1955, on the motion of Councilman Mitchell, - Richey second. ORD. N0.538 ORDINANCE NO. 538, ENTITLED "AMENDING THE OFFICIAL ADOPTED DISTRICT MAP OF THE CITY OF LODI AND THEREBY RE- ZONING LOTS 51, 52 AND THE SOUTH 9.21 FEET OF LOT SPITTLER- 53 OF HUTCHINS HOMESTEAD ADDITION TO BE IN THE McLANE R-3 DISTRICT", having been regularly introduced REZONING on September 7, 1955, was brought up for passage on the motion of Councilman Fuller, Richey second. Second reading was omitted after reading by title, and then passed, adopted and ordered to print by the following vote: AYES: Councilmen - Fuller, Hughes, Mitchell, Richey and Robinson NOES: Councilmen - None ABSENT: Councilmen - None Mayor Robinson then signed Ordinance No. 538 in approval thereof. Minutes of October 5, 1955 continued. 45L ORD. NO.539 ORDINANCE NO. 539, "AMENDING TFE OFFICIAL DISTRICT ADOPTED MPA OF THE CITY OF LODI AND THEREBY REZONING LOTS 17 AND 18 OF THE HELMENSTEIN TRACT TO BE IN THE HEL WNSTEIN C-2 DISTRICT", having been regularly introduced REZONING on September 7, 1955, was, braughtFtup for passage on the motion of Councilman Richey,,, Hughes second. Second reading was omitted after reading by title, and then passed, adopted and ordered to print by the following vote: AYES: Councilmen - Fuller, Hughes, Mitchell, Richey and Robinson NOES: Councilmen - None ABSENT: Councilmen - None Mayor Robinson then signed Ordinance No. 539 in approval thereof. ORD. NO.541 ORDINANCE NO. 541, "APPROVING THE ANNEXATION OF ADOPTED THE BARBERA ADDITION TO THE CITY OF LODI AND DE- CLARING THAT THE SAME IS ANNEXED TO AND MADE PART BARBERA OF THE CITY OF LODI", having been regularly intro - ANNEXATION duced on September 7, 1955, was brought up for passage on the motion of Councilman Mitchell, Richey second. Second reading was omitted after reading by title, and then passed, adopted and ordered to print by the following vote: AYES: Councilmen - Fuller, Hughes, Mitchell, Richey and Robinson NOES: Councilmen - None ABSENT: Councilmen - None Mayor Robinson then signed Ordinance No. 541 in approval thereof. PUBLIC Mayor Robinson then called for the public hearing HEARING on the question of the adoption of the Master Plan MASTER adopted and recommended to the City Council by the PLAN City Planning Commission. The City Manager read a letter from the Lodi Realty Board, dated October 4, 1955, opposing the adoption of the Master Plan. The City Manager then read a letter received from Lindsay P. Marshall, Chairman of the City Planning Commission, dated October 4, 1955, urging the adoption of the Master Plan by the City Council. Mayor Robinson read an excerpt from the Planning and Conservation Act relating to the duties of the pity Planning Commission and the City Council relative to the preparation and adoption of a master plan. The City !Manager read C.P.C. Resolu- tion No. 8, the document adopting the Master Plan by the City Planning Commission and providing for planning and development standards. Mr. Ben Schaffer and Mr. Bozant Katzakian spoke in opposition to the adoption of a master plan, stating that the adoption by the City Council will make the Master Plan a law and thereby too inflexible. City Attor- ney Mullen explained that the Master Plan should not be confused with the Zoning Ordinance. He pointed out that the 'Master Plan does not change the zoning of any property, but rather that it will still be necessary to amend the Zoning Ordinance in order to change the classification of the property. Mr. I. V. Aailer opposed the plan on 61 Minutes of October 5, 1955 continued. the basis that he'felt it would increase the powers of the Planning Commission. The City Attorney explained that the powers to_prepare and adopt a. master, plan are given to the City Planning Commission by the State Planning and Conservation Act and the adoption of the plan by the City Council does not increase the powers which have already been exercised by the Plan- ning Commission. Mr. Jack Hoggatt, Mr. Robert Rinn and Mr. Arthur Armstrong spoke in support of the adoption of the Master Plan. Mr. James H. Welch and Mr. C. R. Van Buskirk spoke in opposition to its adoption. Mr. Katzakian then stated that if the adoption of the Master Plan means that it would be used as a guide, he did not think the Realty Board would object to its adoption. Councilman Fuller moved, Richey second, the adoption of Resolution No. 1885, adopting RES. #1885 the Master Plan as recommended by the Cit yy Plan - ADOPTED ning Commission in C.P.C. Resolution No. 8. Resolution No. 1885 was then adopted by the following vote: AYES: Councilmen -•-Fuller, Hughes, Mitchell, Richey abd Robinson NOES: Councilmen - None ABSENT:- Councilmen - None THREE Mayor Robinson then requested that the City MEETINGS Council hold informal meetings on the second PER MONTE Wednesday of each month as a means of conferring with members of the Planning Commission, Recrea- tion Commission, Library Board, and other members of the City organization. It was agreed that the first such meeting would be held October 12, 1955• The meeting was adjourne at 10:45 p.m. ATTEST: HENRY '.GLAVES, JR City Clerk