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HomeMy WebLinkAboutAgenda Report - September 3, 1997 PHCOUNCIL, COMMUNICATION 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 DevelopmAnnf Impart hAitiga+ion 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 Feciiities for Parcels 1 through 4 be waived (Exhibit C). The basis f^• •~;s y j ""a4 J.'S `-A� �� is ucSt IS a ts t nJ iau tdr 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 -- Ciy ,Gnage r Czr. cget.....0 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. 3. 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. L Jac L. Ronsko Public Works Director Prepared by Sharon A. Welch, Associate Civil Engineer Aftachments cc: Parks and Recreation Director Associate Civil Engineer - Development Services Gordon B. Roget, M.D. C?hrcge.,.cc V26,-97 - '- CITY OF LODI PUBLIC t,'0 R!S G—PA c i EXHIBIT A ICD 0 Q I J o �o --� C) W 90 N.T.S. M:\D�.'ScRV\510=AiR.D44'G EXHIBIT B ;: CITY OF LODI Development Impact Mitigation Fee t• . l :•M PUBLIC WORKS DEPAR T iAENT Crtmmanr Choat 3 Subdivision: n/a n!a n/a Name Tract > Fife r Parte!: 510 S. Fairmont Avenue, Lodi, CA n/a Address Const. Appl. South 66' of the East 100' of 033-080-0027 AP. OaveloperiOwner: Kett Hyske Name .Address Project Descrip:ion: Construct duplex GP Land Use Category: RNID Parc PRELIM NARY ESTI?BATE SASEO ON INFORMATION AVAILABLE to/25/93 i 1 Project (if different) - Lift Station 1 I I I Fee Category Account ' P { RAE i Adj. I F I A T 11 Nater Facilities _ 50.1-_r:1 i5 I 5.6°0.008 1.961 I - I5 11.150.00 1 0.15 i S 1,572-50 2) Sewer Facilities - General 60.2-5011S 1 •0,50.00! 1.961 IS 2,030.00 I 0.15 ! S 312.00 - Lift Station 1 I I - I 1 1 3) Storm Drainago Facilities 60.3-5011S 7,530.001 0.001 x IS 0.00 1 0.15 I S 0.00 4) Street lmoroveme.rs 60.4.501 IS S.4-0.001 1.961 IS 10,560.00 I 0.15 S 1,599.00 5) Police P(otec;ion --acuities 60.5-5011S 1,130.00 1.771 1S 2.000.00 0.15 S 300.CO 5) Fire Protection --acuities 50.0'•501 I S 5-0.00; 1.951 Is 1.050.00 I 0.15 i 5 159.00 7) Parks & Recreation Facilities 60.7.50115 11,530.001 1.431 IS 15,920.00 1 0.15 ! S 2.533.00 S) General City Fac. & Frog. Adrnin. 50.3.50115 6,330=1 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 (R A.) per Resolution 91-172. due prior to pro protect approval RAE -- Residential .._._ Equivalent per L.`+1C 3 i 5.5.070• unless adjusted. Adj. = Checked if RAE is adius;ed, see Notes below. F = Fee per acre (rounded to nearest S io.CC) = P x RAE. A = Gross acreage per UNIC 115.64.020A & 1 .54.G 0 (rounded to nearest 0.01 a= -el. T = o:a1 , -- for s',vice category = A x F. Notes: 1. The sire c.,,en:iy conzains a pav-•d pa. -king, arra .or the medical officc bu:fdin; at 510 S. Fairmont Avenue. Oe.e!opment Impact .:�•iga n Fees . i no', .. (eG..ired for s•,rrn e aira3e since the par��ng Io; is paved and currently drains to the s;reel AC;p.0'ed: 'Date Oa:.-- ?aid: EXHIBIT 9 ..y��LOD Development Impact Mitigation Fee PUBLIC WORKS DEPARTP/tENT Summary Sheet Subdivision: n/a n/a nfa !Name Tract : File : Parcel: Portion of 500 and 510 S. Fairmont Avenue n1a Addtasa - North 48' of the East 100" of 033-080-0027 and the South 18' of the East 96' of 033-080-0028 AP t K H k Const. Appl. DevelopetMwner.• en ys a rAVAl RELI'""NARY ESTIMATE NameASED ON INFORMATION LABLE 10125/93 Address Project Description: Construct duplex GP Land Use Category: R-rvID S 2,060.00 i 0.15 ` S Parcel 41 Street Improvements 60.4-50115 5,140.001 1.951 Project (if different) 10.550.00 1 0.15 S 1,599.00 5) Police Protection Facilities 60.5-501 Is I. 130.001 t Fee Category Account #1 1 0.15 P ` RAE Adj. F A I T 1) `Vater Facilities 50.1-5011S 5.690.001 1 .96 i S 11.150.00 0.15 ) S 1.572.50 2) Sewer Facilities - General 60.7 -SOI is 1 .o:,,) r. r. i.951 iS 2.0-20.00 1 0.15 Lift Sta;,cn 3) Storm Drainage Facilities 50.3.50115 7,030.001 0.271 x S 2,060.00 i 0.15 ` S ,-,09.00_ 41 Street Improvements 60.4-50115 5,140.001 1.951 15 10.550.00 1 0.15 S 1,599.00 5) Police Protection Facilities 60.5-501 Is I. 130.001 1.77i Is 2.000.00 1 0.15 S 300.00 5) Fire Protection Facilities 60,5 -50 -ds 540.001 1.361 $ 1,060.00 1 o.15 I 5 15 9.00 7) Parks u Recreation Facilities 50.7.50115 11,330.001 1.431 IS 15.920.00 1 0.15 5 2.533.00 91 General City Fac. & Prog. Admin. 60.2.50115 6.330.001 1.431 15 9.770.00 1 0.15 ( 5 1.455.50 gr �• pe �qu (• per P _ Pro am Fee r Residential Acre = ivafen; (RAE) Resolution 91.172. Total 1-8: $8,355.00 RAE = Residential Acre "Equivalent per LMC "s t 5.64.070, unless adjusted. due prior to Project approval Adj. = Checked if RAE is adjusted, see Notes below. F = Fee per acre (rounded to nearest 5.10.001 = P x RAE. A = Gross acreage per UMC f 1 5.64.020A °& 1 5.54.050 (rounded to nearer: 0.01 acrel. T = Total Fee for service ca:egory = A x F, No --a: po::ion of zhe s::e c rr_nt;, con.;ains a paved pa..,ing area fo the rnc_._ai of,._- h-ui!din-g at 510 S. Fairmont Avenue. Thr RAc factor for smrm drainage has been ad ,Jsted to a(lo:v c._Cit I.. the paved por;icn o; ;he parcel which ecrrc,n;ly drains to t'te street. z� GC./ .�+.i Approv_d: Rcco:c = vast Siiied'. Dace Pa!d: (Fee C3-2gory i znru 31 I . aIPS �-lCQ -- --- p�cr.-d :panc�Cd�• / � -� �`-r-,-Y' —� - c r laayS AjewLunS i It\�W1� L V vu cS0 S, -OlA :ll8fld a •,� aaj uolie6i11W ioedlul :uawdolanaQ s e 9 1191HY� x V = A:05a:eo azl jas ,G; aa:! le)oi = I '(aloe 10-0 tsajeau o1 papun oj) OcO':9-S L 7 YOZO-^9'9l; O'.'dl jad a5ea»e sswg = Y SYd x d = (00'01 $ tsa:eou ct papunos) acne ;ad ao j 'JAolaq sa:ol, aas 'patsnfpe s! 1, pai;oa40 = •IpY leuap!sad = -d -pa:snfpe ssalun 'OLO'49'S L; o'l:I Jad tueleA,nSS ajoYq lznojdce Ioalosd c1 soud anp _V ' 'ZL l - 16 uo!1nlosz8 :ad 13VV) ;ualeA,no_ al7Y Iznuap!sad Jad as j wej5ojd = d OZ•>;08'6S :8-L 1e1o1 CZ'£SS' 1 S I 91.0 I 00'OLL'6 $1 I £tr' 1 I00'C£c'9 $1 I OS -8-09 'u! -PV 'Swd 'p 'oe: A; O Ie:aua0 (c OZ•LOL'Z s, 91-0 I O0'OZ6'9 L $1 I£7• L 100'O£S' L L S I LOS -L-04 san!lre j uopea»ay +2 Sv,Ied IL 09' 69 L S{ 9 1.0 I 00'040't $1 196' 1 lOO'O: S S I t OS -9•C9 aj!d (9 00'0ZS S I 41'0 I 00.000-Z sl LCI 100'0£ t' L S I I 0S -c'09 sa :q oed uc::oa;o:d aagod 19 09'SCL'L S 91'0 I 00'099'01 SI I96'l 100.0::'S $ILOc•Y0o stuau:aAOJduataaJIS (- C-v-OZZ' L S! 9L-0 1 00'0£9'L S 1 100' l 100.0£9'L s 1 I Oc-£•Og sapijped a5eu,ejo u»o1S (£ 1 uoneiS :1!1 - QS'L££ S 91-0 I OO'OSO-Z SI 96.1 100.090'1 SI IOS-Z-09 Icjauo0 - sa!,!jpej jamoS (Z 00':HL'L S 91'0 00.0SL'!! SI 196'1 100'Uc9S Sj1QS- L'04 ll 11IK 1 I b 3 '!PV 13vd d lun000y Ajo6aie:) aad (luaia;l!p;!) :oafo:d to»ed QV61-d :AjoBa;eO asn pun dD xaldnp :on:isuo0 :uond »sod toafojd ' - ss»ppv C619Z;OL 3l8tfllt'AV NOltt'L•;1�03N1 NO 03SY9 aue 3 LVt6'IISR AI• VNILVIIFV a){sAH Ua)q :journO;jadOlanaO 6Z00 -080-E£0 }0 .56 1se3 Z41 pue SZ00-080-8£0 ;O .96 1Se3 a41 }O ,8L 41JON __ sso�pP7 eiV anuany 1uowJled 'S 005 PUe 0 Lb lO uoiUOd :lao7ed = 0H t )noel owc!,1 e/U e/u elU :L'O,S,A!PgnS laayS AjewLunS i It\�W1� L V vu cS0 S, -OlA :ll8fld a •,� aaj uolie6i11W ioedlul :uawdolanaQ s e 9 1191HY� a PUBLIC 1NCRKS DEPARTMENT a •t- Subdivision: n/a Name tJCt11t31T t3► Development Impact Mitigation Fee Summary Sheet Parcel: Portion of 500 S. Fairmont Avenue Address North 72' of the South 90' of the East 96' of 033-080-0028 AP . DeveloperlOvrner: hen Hyske Name Address Project Description: Construct duplex GP Land Use Category: R -MID nla n,a Tract C File nla RELIMINARY ESTIMATE BASED ON INFORt41ATI0N AVAILABLE 10/25/93 Parcel Project (if different) Fee Category Account #1 P I RAE I Adj. I F I A I T 1) Water Facilities 60.15011S 5.690.00 1.961 S 11,150.00 0.16 $ 1.73.00 2) Sewer Facilities - Gcneral 60.2 -50 S 1,080.00! 1.951 � i 2,030.00 I 0.16 I 5 332.50 -IJ Lift Station ;---T 1 31 Storm Drainage Facilities 50.3.501 1 5 7,530.00! 1.001 I $ 7.630.00 1 0.16 I 5 1.220.90 4) Street Improvements 80.4-50115 5,44-0.00` 1.951 i5 10.650.00 ( 0.16 1 5 1,705.60 5) Paiice Protection Facilities 60.5.5011$ 1.130.00: 1.771 i IS 2.0c0.00 0.16 5 320.00 61 Fire Protection F cili:ies 50.6.50115 S;O.coi 1.951 1S 1,080.00 1 0.15 1 5 159.60 7) Parks:a Recreation Facilities 6"0.7.501 5 11,330.001 1.431 i5 15.920.00 I 0.16 1 5 2.707.20 3) General City Fac. $ Prog. Admin. 50.3-501 15 6._c:;0.00'; 1.431 i 5 9.770.00 I 0.15 5 1.563 20 Total 1-8: $9.803.20 P = Program Fee per Residential ,acre Equivalent (RAE) par Resolution 91-172. due prior to project approval RAE =Residential Acre Equivalent per Linc i 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 Li'AC § 1 5.54.020A :r 15.54.050 (:ounded to nearest 0.01 acre). T = Total Fee for service category = A x F. Oat_ °lll.d• 03te Paid: (Fee c_, gory 1 thru 31 Record 10/25193 HY:\E 3.X,5 EXHIBIT C. Gordon B. Ro;et, M.D. 510 South Fairmont Avenue Maureen E. Sheehan, C.�i.�l., B.S.!V. Lodi, California 95240 209/334.4975 Obstetrics, Gynecolog and ,Nidc;i.`ery 209/462-9336 E E6. e -E. Ell, July 13, 1997 JUL 16 1997 =; CITY OF LODI City of Lodi ' 11U8ucV:0RKSDEFART,1E.T 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 from 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. ?lease do not interpret this letter as representing any sort of sour grapes about -y father's donation of land for a park. We 'knew for over twenty years that such :ras 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, . V Gordon B. Roget, M.D. G3R:tWc I�closure: Copies of Develop,.,ent Impact Mitigation Fee Summary Sheets. CITY OF LODI PUBLIC WORKS DEPARNTMENT EXHIBIT D N.T.S. m:\0DrS PRt 0. row^. LXHIISIT L vI E ZI O R A N D U lI F R O M T H E 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 FROINI: Randy Hays, City Attorne, 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 gifted to the City 45 acres of ground 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 gift 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 w•e 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 t4`; consequences for Nancy i\og%t 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. \1Pw\PRINIE!\.ADSI I"O.CA'\C IT Y\CORRES\ROG 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 26, 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 wive 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 § 16.64.120. Attachments aCITY OF LODI NOTICE OF PUBLIC HEARING Carnejie Forum Rate: September 3, 1997 r 305 Nest Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice pleas= contact: Alice M. Reimche City Clerk Telephone: (209) 333-5702 NOTICE OF PUBLIC HEARING NOTICE IS 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 ma"er: a) request from Gordon 8. Rcget. M.D., for Waiver of Development Impact PAitigation Fees for Parks and Recreation Facilities for 409, 511, 519 and 527 South Orange Avenue All interested persons are Invited to present u,Ieir vie vs and comments on this matter. Written statements may be fled with the Citj Clerk at any time prior to the hearing schedu!ed 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 wrlien correspondence delivered to the Ci'`! Clerk, P.O. Box 30u6, at or ,prior to the Public Hearing. Alice Ni. Reimche City C!erk Dated: August 6, 1997 Approved as to form: 7� Randall A. Hays GG City Att0rrmey 1 Ankh 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: JACQ ELI L. TA DEPU CIW CLEFWJ SUSAN SEWARD-LAKE ADMINISTRATIVE CLERK advins/forms n .FF DECLARATION 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 1 cquel e L. Ta o teputy ity Cler Susan Seward -Lake Administrative Clerk decmaiUforms MAILING LIST Gordon B. Roget, M.D. 510 S. Fairmont Avenue Lodi, CA 95240 decmail/forms EXHIBIT B CITY COUNCIL PHILLIP A. PENNINO, Mayor JACK A. SIECLOCK 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. d ack L Ronsko ublic orks Director JLRArn Enclosure cc: City Clerk " NCPHROGE.DOC G0 MEMORANDUM O'qL FOR�`P TO: Honorable Mayor Members of the Lodi City Council City Manager City Attorney City Clerk FROM: Jennifer M. Perrin Deputy City Clerk 4y�" 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. PENNINO, 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. Re' the City Clerk AMR/JMP Attachment