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HomeMy WebLinkAboutMinutes - August 19, 1953CITY COUNCIL CITY OF LODI COUNCIL CHAMBERS, CITY BALL AUGUST 19, 1953 This regular meeting of the City Council of the City of Lodi held beginning at 300 o'clock p.m. of `+l'ednesdayI August 19, 1953; Oounciimen Preszler, Rinn, Robinson and Richey rMayor) present; Hillman absent. C01;201UNICATIONS A letter from the Southern Pacific Company, re- garding the City's reauest for the lease of the Company's property on Sacramento Street for S. P. use as a parking lot, stated that an application PARKING for retail use of the property had been made LOT and that any decision on the amity's request must await investigation of the retail use application. No action was taken on the letter; however, Councilman Robinson questioned the advisability of taking action to force the issue. PUBLIC F.EARINGS 253 Mr. Otto Pirtle, representing the Lodi Junior Chamber of Commerce, presented a contract for JR. CHANYBER the rental of the Lodi Stadium for August 24, ALL-STAR 1954, for thepurpose of holding a football game GAME to be known as the "Valley High School All-Star Bowl Game".. Mayor Richey accepted the contract and referred it to the City Attorney -for report. Mr. Harry Tolliver addressed the Council to sug- gest that a joint committee of representatives of the Festival Committee and representatives of the City Council and Recreation Commission be formed to study the possibilities of greater use of the FESTIVAL -CITY Festival grounds. He felt this joint committee JOINT could make investigations and come up with specific COND1ITTEE recommendations for further use of the grounds by the City and community. He stated that he felt such a committee would be of mutual benefit. Three members had already been appointed by the Festival Committee. On the motion of Councilman Rinn, the Mayor was authorized to appoint a committee from the City Council and Recreation Commission at her discretion. This being the time and place set for the hearing of protests to the proposed annexation of the "51st Addition, Lands North of West Lockeford Street and West of Ham Lane", Nlayor Richey called for per - 51ST sons interested in the proceedings to address the ADDITION Council. City Clerk Glaves read the protest of Wm. Rawe of 1401 West Lockeford Street, filed with the City Clerk on August 1$, 1953. Mr. Rawe, the owner of approximately one acre out of the total of 15.75 acres, protested that the taxes to be added upon annexation were not warranted for the present use of his property. The City Clerk re- ported that the assessed value of the Rawe property was 43,045 and the assessed valuation for the total was 4'13,395. Councilman Rinn stated that N'r. Rawe would benefit as a result of annexation by the reduction in utility and insurance rates, and such reduction would probably be in excess of the amount paid in added taxes. He further pointed out that Mr. Rawe was interested in the development of streets affecting his property, and in so far ORD. NG -496 as his property was in the City his position would INTRODUCED be strengthened. Councilman Rinn then moved, Preszler second, the introduction of Ordinance No. 496, approving the annexation of the 51st Addition. 2 54 Minutes of August 19, 1953 continued. REPORTS OF THE CITY 1.1ANAGER Following the report of the City :tanager that the RES. #1768 1953-54 Budget could be balanced with an ad valorum ADOPTED tax rate of 4.19 for the Library and 4.81 for the FIXING General Fund, or a total of 41.00, Councilman Robin - TAX RATE son moved, Rinn second, the adoption of Resolution No. 1768, setting the tax rate at .1.00. The motion carried unanimously. Specifications for the installation of storm sewers SPECS. overthe westerly extension of Elm Street and the ELk ST. southerly extension of Mills Avenue, and for the STORIM, SEWERS pipe for said installation, were approved on the motion of Councilman Preszler, Robinson second. Mr. Weller presented a memorandum from the City Engineer stating that the subdividers of property abutting West Lockeford Street between Cross Street and Loma Drive had made the necessary pay- ments to the City for the improvement of Lockeford OCKEFORD Street, but the improvement would include portions STREET o: the street to which the abutting property did IMPROVE1KENT not belong to the City. The County had been approached to share in the improvement, but the County officials felt that the street, while it did not meet the standards of the City of Lodi, was in satisfactory condition as a County road. On the motion of Councilman Rinn, Robinson second, the Council voted to approve the construction of Lockeford Street to Loma Drive, subject to the provision that the abutting property not sharing in the cost of the present construction would be liened for its proportionate share, and such amounts to be paid upon annexation to the City. Mr. Weller reported that the report from the title company revealed that the County had never secured S. HUTCHINS a deed or easement over the east 25 feet of the STREET Goodman property on South Hutchins Street for the IyiPROVEMENT County road. He further reported that the Goodman's had agreed to deed the 25 feet to the City of Lodi on condition that the Goodman's or their successors would not be assessed for construction of South Hutchins Street. Mr. Weller explained that the 45,000 contribution by the -County would be enough to cover the cost of improving that portion of the street lying outside the City limits. Councilman RES. #1763 Rinn, stating that he felt the street would benefit ADOPTED the property owners, moved that the City Engineer be AWARD " authorized to proceed with the project. The motion CONSTRUCTION carried. On the motion of Councilman Robinson, CONTRACT Rinn second, the Council then voted to adopt Resolu- tion No. 1763, awarding the contract for the con- struction of South Hutchins Street to the low bidder, Claude C. Wood Company, for the bid price of 426,242.50. Claims in the amount of 433,106.21 were approved CLAIMS on the motion of Councilman Preszler, Rinn second. CITY PLANNING COMMISSION Mr. Weller Dresented a letter from Mr. J. E. Devine USE PERMIT appealing the decision of the City Planning Com - DENIED MRS. mission in granting a use permit to J. D. Irwin RUBY IRWiN (amend -d by minutes of Sent. 2, 1953, to react Mrs. Ruby Irwin) for maintaining a home for mentally retarded crib patients at 415 West Elm Street. Minutes of August 19, 1953 continued. 255 Mr. Duff Chapman addressed the Council to state that he represented a number of residents in the immediate neighborhood and they wished to protest the granting of the use permit on the grounds that there could be no necessity for such a home in a residential area, that property values would be decreased as a result of such use, and that the presence of the mentally retarded children would destroy the peace of mind of the neighbors. Mir. Irwin replied through the Council that the people did not understand the type of infants to be cared for in his home. He stated that infants of this type were not noisy, but typically were very ouiet. In referring to Ordinance No. 469, Section 8.1-9, he stated that his home should not come under the provision which prohibits buildings used for the treatment of mental disorders because the infants placed in him home will receive no treat- ment. In summing un the discussion. Councilman Rinn stated that a line must be drawn, in award- ing use permits of this nature in a residential neighborhood. He felt that the proposed home was in the nature of a commercial venture and as such was unsuited in an established residential area. He added that the Council has an obligation to protect residences. He then explained to Mr. Irwin that there would be no interference with his plans if the home were located in the country. He added that it boils down to the fact that there are alternatives which would be better for Yr. Irwin. he -then moved, Preszler second, that the action of the City Planning Commission be revoked and that the permit not be granted. The motion was passed by unanimous vote. Mr. Weller reminded the members of the City Council of the budget hearing to be held by the County Board of Supervisors August 20. Mr. Weller re - COUNTY ported that the Chamber of Commerce planned to BUDGET send a representative to support the Council's HEARING opposition to the transfer of the Motor Vehicle In Lieu Funds from the General Fund to the County Road Fund. The City of Stockton had also indi- cated that it would support our position by letter to the Board of Supervisors. The Council authorized the City Manager to appear before the Board to represent the City of Lodi. The meeting was adjourned at 10:10 p.m. ATTEST: : TTEST:' JR. City Clerk