Loading...
HomeMy WebLinkAboutAgenda Report - September 3, 1997 (53)CITY OF LODI COUNCIL • ON 9��FpRc� AGENDA TITLE: Public Hearing to Consider Request from Gordon B. Roget, M.D., for Waiver of Development Impact Mitigation Fees for Parks and Recreation Facilities for 409, 511, 519 and 527 South Orange Avenue MEETING DATE: September 3, 1997 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council conduct a public hearing to consider a request from Gordon B. Roget, M.D., for waiver of the Development Impact Mitigation Fees for Parks and Recreation Facilities for 409, 511, 519 and 527 South Orange Avenue. Staff recommends that the request be denied. BACKGROUND INFORMATION: In 1993, Dr. Roget submitted a tentative parcel map which reconfigured three existing parcels into five parcels, as shown on Exhibit A. One of the conditions of approval for the tentative map was the payment of Developrn=nt Irnpact Mitigation Fees at the time of building permit issuance for each parcel, with credit against fees being given for any existing development on the respective parcels. With the recordation of the final parcel map, the existing development, a medical office building and associated parking area, were substantially contained on Parcel 5. Parcels 3 and 4 contained some paved parking areas which had been used for overflow parking for the medical offices and Parcels 1 and 2 contained no improvements. During the map approval process, Mr. Ken Hyske, working with Dr. Roget, requested estimates for the Development Impact Mitigation Fees which would be required for Parcels 1 through 4 assuming a duplex was constructed on each parcel. These estimates were provided and are attached as Exhibit B. As mentioned above, two of the estimates were adjusted to reflect credit against Development Impact Mitigation Fees for storm drainage for the existing paved portions of the parcels. Dr. Roget has requested that the Development Impact Mitigation Fees for Parks and Recreation Fsc;lilies for Parcels 1 through 4 be waived (Exhibit C). T!'e basic `or this r equest is that his fat~ar donated park land to the City (Exhibit D). The City Attorney has prepared a legal opinion regarding the waiver request which is attached as Exhibit E. Public Works staff also has the following comments to make regarding the waiver request and the impact fee program in general: 1. The park land donated by Dr. Roget's father was given as a gift to the City. There was no stipulation of any kind that the land was being given in lieu of fees. APPROVED: H. Dixon Flynn -- Ciry anager Cphroget.doc Ix 08125!97 Public Hearing to Consider Request from Gordon B. Roget, M.D., for Waiver of Development Impact Mitigation Fees for Parks and Recreation Facilities for 409, 511, 519 and 527 South Orange Avenue September 3, 1997 Page 2 2. The Development impact Mitigation Fees for Parks and Recreation are used in part to acquire land for neighborhood parks to meet the goals set forth in the Parks Master Plan. The fees are based on estimates of future land and development costs and are applied on a City-wide basis without regard to the specific location of the Master Plan park sites. The fees have not been adjusted for this park land gift to the City. The acquisition of land at no cost at one site is used to offset higher than estimated costs for land at another site. In other words, the properties surrounding the donated park site will receive no reduction in fees because a portion of the land for the neighborhood park in their area was received at no cost. For example, the Sunwest XIV residential project, which is immediately adjacent to the park site, will be paying park and recreation impact fees of $221,221. Development Impact Mitigation Fees are used to fund City-wide improvements. The installation of improvements which benefit a specific parcel, such as water, sewer and street improvements, are the responsibility of the property owner or developer and are not paid for by impact fees. The impact fees fund improvements which benefit the community as a whole, such as traffic signals, street widening, and new water wells. Therefore, the presence of facilities fronting Dr. Roget's parcels is not relevant with respect to the impact fee program. This matter is also of concern to the Parks and Recreation Commission and has been placed on their September 2, 1997 agenda for discussion and development of a recommendation to be presented to the City Council during the public hearing. FUNDING: None required. Jac L. Ronsko Publi Works Director Prepared by Sharon A. Welch, Associate Civil Engineer JUVEA' '.11m. Attachments cc: Parks and Recreation Director Associate Civil Engineer - Development Services Gordon B. Roget, M.D. Cphreget.doc 8126197 V r r 4 CITY OF LODI PUBLIC WORKSS• - Fp � EXHIBIT A jI 0 10 2Z-- 0 �O L� -Z 0 Lo 0 D �1 1 0 N.T.S. M:\0 EVS ERV\510 FAI R. DWG .flir EXHIBIT B ` Development Impact Mitigation Fee : OF M4• :; c PUBLIC WORKS DEPARTMENT Summary Sheet Subdivision: n/a n/a Name Tract Parcel: 510 S. Fairmont Avenue, Lodi, CA Address South 66' of the East 100' of 033-080-0027 APS Developer/Owner: Ken Hyske Name n/a File a n/a Const. Appl, PRELIMINARY ESTIMATE BASED ON INFORMATION AVAILABLE 10125193 Address Project Description: Construct duplex GP Land Use Category: R -ME) ParcelProject of different) Fee Category Account ".1 {{ P I RAE 1 Adj. F I A T 1) Water Facilities 60.1-Sn1IS 5,690.001 1.961 IS 11,150.00 I 0.15 S 1.672.50 2) Sewer Facilities - General 60.2.5011$ 1,060.001 1.951' IS 2,080.00 1 0.15 $ 312.00 - Lift Station I 3) Storm Drainage Facilities 60.3-501$ 7,630.001 0.001 x IS 0.00 1 0.15 S 0.00 4) Street Improvements 60.4-S01 I$ 5,440.001 1.961 IS 10,660.00 I 0.15 ! S 1,$99.00 5) Police Protection Facilities 60.5-5011$ 1,130.001 1.771 IS 2,000.00 1 0.15 S 300.00 6) Fire Protection Facilities 60.6-50115 540.00 1 1.961 Is 1,060.00 1 0,15 i $ 159.00 71 Parks & Recreation Facilities 60.7-5011$ 11.830.001 1.13 i I S 16,920.00 1 0.15 I S 2,538.00 8) General City Fac. & Prog. Admin. 60.8-501 IS 6.830-001 1.431 Is 9,770.00 1 0.15 S 1,455.50 Total 1-8: $8,046.00 P = Program Fee per Residential Acre Equivalent (RAE) per Resolution 91-172. due prior to project approval RAE =Residential Acre Equivalent per LfAC §15.54.070, unless adjusted. ` Adj. = Checked if RAE is adjusted, see Notes below. F = Fee per acre (rounded to nearest S10,00) = P x RAE. A = Gross acreage per Lr, C § 1 5.6.020A & 15.64.0 '1 (rounded to nearest 0.01 acre). T = Tctal Fes for service category = A x F. Notes: 1. The site currently contains a pav-.d parking area for the rr.edical office building at 510 S. Fairmont Avenue. Development Impact Mitigation Fees will not be required for storm drainage since the parking lot is paved and currently drains to the street. Date Billed: Data Paid: „pprovad: (Fee category 1 thru 3! Record =: EXHIBIT 9 CITY�� Development Impact Mitigation Fee PUBLIC WORKS DEPARTMENT Summary Sheet Subdivision: n/a nla n/a Name Tract x File Parcel: Portion of 500 and 510 S. Fairmont Avenue n/a Address - ' North 48' of the East 100" of 033-080-0027 Const. Appl. R and the South 18' of the East 96' of 033-080-0028 AP s Developer/Owner: Ken Hyske PRELIMINARY ESTIMATE Name BASED ON INFORMATION AVAILABLE 10/25/93 Address Project Description: Construct duplex GP Land Use Category: R -MD Parcel Project (if different) Fee Category Account "I P 1 RAE 1 Adj. 1 F { A T 1) Water Facilities 60.1-5011s 5,590.001 1.961 is 11,150.00 1 0.15 I 5 1,672.50 2) Sewer Facilities - General 60.7.501 Is 1.0=n nnli.96{ is 2,080.00 ( 0.15 2.00 - Lift Station 3) Storm Drainage Facilities 60.3.501 IS 7,630.001 0.271 x ; $ 2,060.00 1 0.15 S 309.00_ 4) Street Improvements 60.4.501 IS 5,440.001 1,961 iS 10,660.00 1 0.15 s 1,599.00 5) Police Protection Facilities 60-5-50115 1,130.001 1.771 15 2.000.00 1 0.15 5 300.00 5) Fire Protection Facilities 60.6-50115 S40.001 1.961 15 1,060.00 1 0.15 5 159.00 7) Parks & Recreation Facilities 60.7-501 Is 1 1,830.001 1.431 15 15,920.00 1 0.15 ( S 2,538.00 B) General City Fac. & Prog. Admin. 60-8.5011$ 6,830.001 1.43 S 9,770.00 1 0.15 1 5 1,465.50 P = Program Fee per Residential Acre Equivalent (RAE) per Resolution 91.172. Total 1-8: $8,355.00 RAE = Residential Acre Equivalent per LMC § 15.54,070, unless adjusted. due prior to project approval Adj. = Checked if RAE is adjusted, see Notes below. F = Fee per acre (rounded to nearest S,10.001 = P x RAE. A = Gross acreage per LN1C § 1 5.64.020A & 1 5.64.060 (rounded to nearest 0.01 acre). T - Total Fee for service category = A x F. Notes: 1. A portion of the site currently contains a paved packing area for the medical office building at 510 S. Fairman; Avenue. The RAE factor for storm drainage has been adjusted to allow credit for the paved portion of the parcel which currently drains to the street. n Ey:/ !/ Approved: y Record Date :.filled: Date Paid: (Fee category 1 trim SI 1C, -'i25 NYSK, - 2..:LS EXHIBIT B = CITY Development Impact Mitigation Fee OF LODI c,it >4a - s` '` PUBLIC WORKS DEPARTMENT Summary Sheet � Subdivision: n/a Name Parcel: Portion of 410 and 500 S. Fairmont Avenue Address North 18' of the East 96' of 033-080-0028 and the East 95' of 033-080-0029 AP I Developer/Oviner: Ken Hyske Name Address Project Description: Construct duplex GP Land Use Category: R -MD Parcel nla n/a Tract I nla SELIMINARY ESTIMATE BASED ON INFORMATION AVAILABLE 10125/93 Project (if different) Fee Category Account #1 P I RAE 1 Adj. 1 F {{ A 1 T 1) Nater Facilities 60.1-50113 5 690.001 1.961 Is 1-..150.00 I 0.16 S 1,794.00 2) Sewer Facilities- General 60.2.5011S 1,060.001 1.961 1S 2,030.00 1 0.16 $ 332.80 - Lift Station 1 I I I I1 31 Storm Drainage Facilities 60.3-50111S 7,630.001 1.001 1$ 7,630.00 1 0.16 1 S 1,220.80 41 Street Improvements 60.4-50115 5,440.001 1.961 1S 10,660.00 1 0.16 1 $ 1,705.60 51 Police Protection Facilities 60.5 -SOI IS 1,130.001 1.771 IS 2,000.00 1 0.16 1 S 320.00 6) Fire Protection Facilities 60.6-5011$ 540.001 1.961 J$ 1.060.00 0.16 $ 169.60 71 Parks & Recreation Facilities 60.7-50115 11,830.001 1.431 1 $ 16,920.00 1 0.16 1 S 2,707.20 8) General City Fac. & Frog. Admin. 60.8.50115 6,830.001 1.431 15 9,770.00 I 0.15 I S 1,563.20 Total 1-8: $9,803.20 P = Program Fee per Residential Acre Equivalent (RAE) per Resolution 91.172. due prior to project approval RAE =Residential Acre Equivalent per Ll` -AC §15.64,070, unless adjusted. Adj. = Checked if RAE is adjusted, see Notes below. F = Fee per acre (rounded to nearest $10.00) = P x RAE. A = Gross acreage per LNIC §1S.64.020A & 15.64.060 (rounded to nearest 0.01 acre). T = Total Fee for service category = A x F. Approved: Date Eilled: Date Paid: (Fee category 1 tnru S) Record i0i25,- Hl"S i,= X_5 a:.:...CITY OF LORI PUBLIC WORKS DEPARTMENT EXHIBIT 9 or Development Impact Mitigation Fee i Summary Sheet Subdivision; n/a n/a n/a Name Tract : File 7 Parcel: Portion of 500 S. Fairmont Avenue n/a North 72' of the South 90' of the East 96' of 033.080-0028 AP x PRELIMINARY ESTIMATE Developer/O vine r: Ken Hyske I BASED ON INFORMATION Name AVAILABLE 10/25/93 Address Proiect Description: Construct duplex GP Land Use Category: R-IVID Parcel Project (if different) Fee Category Account "I P 1 RAE I Adj. I F I A I T 1) Water Facilities 60.1-5011S 5,690.00; 1.961! IS 11,150.00 I 0.16 I S 1,784.00 2) Sewer Facilities - General 60.2-501 i S 1 ,060.00! 1.951 — -- $ 2,080.001i -- 0.16 I S 332.80 -- ;....-- - Litt Station - � T-• _ 3) Storm Drainage Facilities 60.3-501�S 7,630.001 1.001 IS 7,630.00 1 0.16 l S 1.220.80 4) Street Improvements 60.4.50115 5,4=0.00; 1.961 1S 10,660.00 I 0.16 S 1,705.60 51 Police Protection Facilities 60.5-5011 S 1,130.00! 1.771 IS 2,000.00 � 0.16 1 $ 320.00 6) Fire Protection Facilities 60.6-5011$ 540.00! 1.961 1$ 1,060.00 I 0.16 $ 169.60 7) Parks & Recreation Facilities 60.7-5011$ 11,830.001 1.431 1S 16,920.00 0.16 ( 5 2,707.20 a) General City Fac. & Prog. Admin. 60.8-5011$ 6,330.00; 1.431 IS 9,770.00 I 0.16 S 1,563.20 Total 1-8: $9,803.20 P = Program Fee per Residential Acre Equivalent (RAE) per Resolution 91.172. due prior to project approval R," -.E =Residential Acre "equivalent per LMC 415.64.070, unless adjusted. Adj. = Checked if RAE is adjusted, see Notes below. F = Fee per acre (rounded to nearest 510.00) = P x RA:. A = Gross acreage per LfAC 415.64,020A & 15.64.060 (rounded to nearest 0.01 acre). T = Total Fee for service category = A x F. B zl Approved: Date Billed: Date Paid: (Fee category 1 thru 8) Record 10/25!93 Hy -1K 3.XLS EXHIBIT C . Gordon B. Roget,1A.D. 510 South Fairmont Avenue Maureen E. Sheehan, C.N.N1., B.S.N. Lodi, California 95240 2091334-4975 Obstetrics, Gynecologand,lfidaifery 2091462-9336 nEUEIVED July 13, 1997 !`,L jg97 nc CITY OF LODI City of Lodi PUBLIC WORKS DEPARTMENT Attention: Ms. Sharon A. Welch P.O. Box 3006 Lodi, CA 95241-1910 Dear Members of the Planning Commission and/or City Council: I am requesting that the Parks and Recreation Fees be waived for the four lots I am developing on Orange Street. I, along with my brothers Randy and Vance inherited this property along with the office directly opposite on Fairmont Street. These properties, along with approximately $30,000 each in cash, constituted our entire inheritance. In that my father donated property of approximately equal value to the City of Lodi for use as a park, I do not feel.it is fair to ask us to make any further contributions to the Department of Parks and Recreation trom our portion of the inheritance. As you will see by the enclosed documents, these fees represent only about a fourth of the fees due to the City of Lodi for the development of these lots, so we will still be making a substantial contribution towards streets, sewers, and so on, which were long ago installed and paid for. Please do not interpret this letter as representing any sort of sour grapes about my father's donation of land for a park. We knew for over twenty years that such was his plan and are very happy to have seen it carried through. I thank you in advance for your prompt consideration of this matter. Sincerely, Gordon B. Roget, :f.D. GBR:tmc Enclosure: Copies of Development Impact Mitigation Fee Summary Sheets. CITY OF , �Mj9�• PUBLIC WORKS DEPART.MENT EXHIBIT D N.T.S. m:\0EVSERV\PRKL0.0w0 z reno e w e � renoo r. 7 ler ¢ Cn �' ¢ r. 3 n;on r. °c� 3 o of �c a U 2zo a'�I 0 ci r o � O � > 3 I grit n C' n — n aor � e ers o " u g y. - - - - - - - -� -------�-- I{ 7 o� UI ¢ I 0 22P7 vat z w o { 3 � O I ——----- — — I _ III 200 — KETTLEMAN L -- — — — — — — — — -- { E I j i I N.T.S. m:\0EVSERV\PRKL0.0w0 EXHIBIT E MEMORANDUM FROM THE O F F I C E O F T H E C I T Y A T T O R N E Y DATE: August 25, 1997 TO: Honorable Mayor & City Council Members FROM: Randy Hays, City Attome RE: Fee Waiver Request — Dr. Gordon Roget Dr. Roget has requested, by letter dated July 13, 1997 that Parks and Recreation Facilities Development Impact Mitigation Fees be waived for his development of four lots on Orange Street. The basis for this request is that in carrying out the wishes of his father, Nancy Roget as trustee of the Roget Trust Qi ed to the City 45 acres ofground near the Target store. This gift was made to the City on December 17, 1993. The deed was recorded December 28, 1993. The City for income tax purposes acknowledged the ai�ft by signing IRS form 8283. This gifting to the City accomplished the desires of Dr. Roget's father which Dr. Roget knew of for over 20 years. LaDon Bader, an attorney here in Lodi, represented Nancy Roget and the trust at the time the gift was made to the City. He still represents Mrs. Roget and the trust. I have spoken to Mr. Bader about this request since I believe that if we allow the waiver the City has then given consideration for the property. This act on our part could change the character of the property which we received from a gift to an acquisition based upon dollars exchanged. That could have t_ -x ccnscquerces for Nancy Roget and the Roget Trust. Mr. Bader has advised me that Dr. Roget has not spoken with him about this request. Mr. Bader made it quite clear to me that Dr. Roget does not represent Nancy Roget or the Trust. Additionally, it was pointed out to me that Dr. Roget received the Orange Street property from an entirely separate trust from the one which provided the gift to the City and its citizens. Aside from the fact that the City is now being asked to give consideration for what was a gift to the City, the waiver request appears to be untimely made. The Lodi Municipal Code (LMC) at §15.64.120 states that any claim for a waiver is to be made in writing to the City Clerk no later than ten (10) days after notification of the amount of the fee. \\PW\PR I Sf E2%AD 3f IY\CA\C IT Y\CO R RES\ROC ET. DOC Sharon Welch provided notice of the amount of the fees to Ken Hyske. Mr. Hyske was a representative of Dr. Roget at the time the information was provided. The information regarding the amount of the fees was provided October 25, 1993. It is my recommendation that the request for the fee waiver be denied for the reasons stated namely 1) the City is being asked to now in essence give consideration for gifted property. The interest of the donor was that the City would not have cost associated with the land acquisition. 2) the waiver request is untimely pursuant to LMC § 15.64.120. Attachments CITY OF LODI* NOTICE OF PUBLIC HEARING Carnegie Forum Rate: September 3, 1997 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please contact: Alice M. Reimche City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE 1S HEREBY GIVEN that on Wednesday, September 3, 1997 at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a Public Hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) request from Gordon B. Rcget, M.D., for Waiver of Development Impact Mitigation Fees for Parks and Recreation Facilities for 409, 511, 519 and 527 South Orange Avenue All interested persons are invited to present their vievvs and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, P.O. Box 3006, at or prior to the Public Hearing. &Z' � - h"� Alice M. Reimche City Clerk Dated: August 6, 1997 Approved as to form: Randall A. Hays City Attorney J:'.CITYCLRk,FOR?As'tNOTGEN.DOC Fi6'97 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: Set Public Hearing for September 3, 1997 to Consider Request from Gordon B. Roget, M.D., for Waiver of Development Impact Mitigation Fees for Parks and Recreation Facilities for 409, 511, 519 and 527 South Orange Avenue PUBLISH DATES: SATURDAY, AUGUST 9, 1997 TEAR SHEETS WANTED: ONE AFFIDAVIT AND BILL TO: ALICE M. REIMCHE CITY CLERK DATED: AUGUST 7, 1997 ORDERED BY: (a�� �-� JACQVC1W LI L. TA DEPUCLE SUSAN SEWARD-LAKE ADMINISTRATIVE CLERK advins/forms lF04 Public Hearing Consider Request of Gordon Roget RE: Waiver of Impact Mitigation Fees - S. Orange Avenue On August 7, 1997, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 7, 1997, at Lodi, California. Alice M. Reimche City Clerk cquel e L. Taebeputy ity Cle Susan Seward -Lake Administrative Clerk decmail/forms MAILING LIST Gordon B. Roget, M.D. 510 S. Fairmont Avenue Lodi, CA 95240 decmail/forms EXHIBIT B CITY COUNCIL PHILLIP A. PENNING, Mayor JACK A. SIEGLOCK Mayor Pro Tempore KEITH LAND STEPHEN J. MANN DAVID P. WARNER Gordon B. Roget, M.D. 510 S. Fairmont Ave. Lodi, CA 95240 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209)333-6706 FAX (209) 333-6710 August 28, 1997 H. DIXON FLYNN City Manager ALICE M. REIMCHE City Clerk RANDALL A. HAYS City Attorney SUBJECT: Public Hearing to Consider Request from Gordon B. Roget, M.D., for Waiver of Development Impact Mitigation Fees for Parks and Recreation Facilities for 409, 511, 519 and 527 South Orange Avenue Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, September 3, 1997. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. The Council will conduct a public hearing on this item. You are welcome to attend and speak at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Alice Reimche, City Clerk, at 333-6702. If you have any questions about the item itself, please call Sharon Welch, Associate Civil Engineer, at 333-6800, ext. 659. Cuack L Ronsko blic orks Director MAT, Enclosure cc: City Clerk NCPHROGE.DOC <IFOR� TO: Honorable Mayor Members of the Lodi City Council City Manager City Attorney City Clerk FROM: Jennifer M. Perri Deputy City Clerk a DATE: August 29, 1997 SUBJECT: Public Hearing on Behalf of Dr. Roget Scheduled for September 3, 1997 On Friday, August 29, 1997, Dr. Roget contacted Sharon Welch in the Public Works Department to request that his Public Hearing regarding waiver of Development Impact Mitigation fees for Parks and Recreation facilities for 409, 511, 519 and 527 South Orange Avenue scheduled for September 3, 1997 be withdrawn. Sharon suggested that Dr. Roget speak with the City Clerk's office. Dr. Roget was transferred to my extension and left a message for me on my voice mail requesting that, "in view of the City Attorney's opinion" he would like to withdraw his Public Hearing. Dr. Roget also spoke with Susan Lake in our office relaying the same message. As suggested by the City Attorney, I will place a copy of this memo in the file as an official request to withdraw said Public Hearing. JMP cc: City Engineer Dr. Gordon B. Roget, M.D. CITY COUNCIL PHILLIP A. PENNING, Mayor JACK A. SIECLOCK Mayor Pro Tempore KEITH LAND STEPHEN J. MANN DAVID P. WARNER Dr. Gordon B. Roget 510 S. Fairmont Avenue Lodi, CA 95240 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 FAX (209) 333-6807 September 4, 1997 H. DIXON FLYNN City Manager ALICE M. REIMCHE City Clerk RANDALL A. HAYS City Attorney Re: Public Hearing To Consider The Request From Gordon B. Roget, M.D., For Waiver Of Development Impact Mitigation Fees For Parks And Recreation Facilities For 409, 511, 519 And 527 South Orange Avenue Please let this letter serve as notification of Council action on the above referenced Public Hearing which was heard before the Lodi City Council on September 3, 1997. Mayor Pennino announced your desire to withdraw this Public Hearing for consideration before the City Council and no discussion or action was taken on this matter. Should you have any questions, please feel free to contact the City Clerk's office. Sincerely, Alice M. Re4fthe City Clerk AMR/JMP Attachment