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Home My WebLink AboutPR - 05 street improvements1 2 6 POLICY RESOLUTION NO. 5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REQUIRING STREET IMPROVEMENTS WITH DEVELOPMENT OF PROPERTY WITHIN THE CITY OF UKIAH WHEREAS, the City Council has determined that certain street improvements particularly curb, gutter and sidewalk are necessary to the public convenience and to the welfare of the citizens of Ukiah and construction of these improvements are the responsibil- ity of the property owner. WHEREAS, the appropriate time for construction of such improvements is when an existing unimproved lot is developed or a division of property is approved or other construction occurs. WHEREAS, the City Engineer is charged with the determination of appropriate street improvement standards and approval on minor subdivisions and the Building Official issues building and site improvement permits pursuant to City codes and regulations. NOW, THEREFORE, IT IS HEREBY RESOLVED that street frontage and other related improvements, as determined by the City Engineer shall be required to be constructed or installed as a condition of approval for: 22 23 24 25 26 27 28 a) minor div~isions of property, prior to the recording of Parcel Maps for such divisions; b) building permits for new residence or main residential/ commercial structure on a parcel upon which the improve- ments do not exist; c) building permits where the permit value is equal to or greater than 1/3 of the value of the existing structure. - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED this 2nd day of September, 1981, by the following roll call vote: AYES' Councilmembers Hickey, Feibusch, Snyder, Riley, Myers NOES: None ABSENT: None Mayor ATTEST City Clerk FACT SHEET RE: Renovation of Bogner Property - Policy Resoluti®n No. 5 I , , . , . , , Under Policy Resolution No. 5, the City will require the Gibson Creek to be enclosed if.$47,000 or more is spent on the improvement of that property (see subparagraph c - the improvement is valued at $141,000 on the tax roll). Estimates for enclosing the creek vary from approximately $70,000 to approximately $100,000. The City government has expressed the opinion that unless Resolution No. 5 is amended the City cannot participate in the cost of enclosing Gibson Creek -- that is pay part of the cost -- nor can the City fail to require the creek to be enclosed if the property is to be renovated as an office facility. Investors (Jack Cox and the firm of Rawles, Hinkle, Carter, Brigham, Gaustad & Behnke) are considering purchasing and renovating the property as first class office, space to be utilized primarily by them. They~estimate that the cost of purchase and renovation will be between $700,000 and $800,000. They will not make this investment if they are required to pay the entire cost of enclosing the creek. We believe other i~vestors would view the problem similarly. If the property is not improved, it remains essentially as a storage building on the tax rolls at $141,000. There are many vacancies in downtown Ukiah now. Substantial renovation of this building and its occupancy would be a good example that could facilitate improvement in the downtown area. Resolution No. 5 does not mandate that the creek be enclosed; it confers almost unlimited discretion on the City Engineer to impose that requirement. Even if Resolution No. 5 is legal, in spite of the unlimited discretion conveyed on the City Engineer and the fact that it is only a resolution and not an ordinance, the'uncertainty it creates scares off investors. No investor is going to commit time and money in advance when his or her costs can be so severely changed by a discretionary decision of the City Eningeer, at a later time, when a building permit is obtained. The position reflected in Resolution No. 5 is directly contrary to recently expressed voter opinion favoring development in the City. POLICY RESOLUTION NO. 5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REQUIRING STREET I[~PROVEMENTS WITH DEVELOPbIENT OF PROPERTY WITHIN TH~ CITY OF UKIAH 23 25 26 27 2 3 4 5 6 7 8 9 10 11 12 13 6 ' WHEREAS the City Council has determined that certain street 7 II improvements particularly curb, gUtter and sidewalk are necessary ~ to the/public conveniq~ce and to the welfare of the citizens of 9 Ukiah and construction of these improvements are the responsibil_ ]0 ~' ity of the property owner. ]! !i WHEREAS, the appropriate time for construction of such ]2 ii improvements is when an existing unimproved lot is developed or a ]3 ii division of property is approved or other construction occurs. WHEREAS the City Engineer is charged with the determination ]5 i of appropriate street improvement standards and approval on minor ,, ]6 ~! subdivisions and the Building Official issues building and site 17 ~'improvement permits pursuant to City codes and regulations. ]8' NOW THEREFORE i: ' , IT IS HEREBY RESOLVED that street frontage ]9 and other related improvements, ~etermined by the City Engi:~oer 20 '' shall be required to be Constructed or installed as a condition of 2] approval for: a) minor divisions of property, prior to the recording of Parcel Maps for such divisions; b) building permits for new residence or main residential/ commercial structure on a parcel Upon which the improve- ments do not exist; c) building permits where the permit value is equal to or greater than ]/3 0f the value of the existing structure. PASSED AND ADOPTED this 2sd day of September, ]98], by the following r011 call vote: AYES: Councilmembers Hickey, Feibusch, Snyder, Riley, Hyers NOES: None ABSENT: None ATTEST ,,s_(~harles G. Iq ers Ha yo r S/Hattie Tillotson June 12, 1984 Mr. Robert B. Pedroncelli Director of Public Works City of Ukiah 203 South School Street Ukiah, California 95482 Dear Hr. Pedroncelli: The purpose of this letter.is two fold. First, as a prospective buyer of the.Bogner property, I am requesting information and comments as to the feasibility of covering and constructing a curb, gutter and sidewalk over Gibson Creek, located at Mason and Perkins Streets, (adjacent to AP ~2-193-17). The creel; as it exists now creates a potential safety hazard for auto and pedestrian traffic alike. Properly constructed, a covering over Gibson Creek would not only reduce the safety hazard, but would also enhance the beauty of that area, as the creek bed has had a propensity to accumulate trash and litter. -.. Secondly, it is my understanding that this portion of Gibson Creek is situated on both City property and private property as well. If this infect is true and construction of such a covering would best serve the public interest, as Director of Public Works, what would be your decision regarding a project of this type? In addition to your comments, X need to know how the City Council and other departments within City Government would respond to the construction of such a project. Furthermore, if the City would be in favor of the project, would the City then be willing to share the cost of engineering and construction with the property owner. I would greatly appreciate your response concerning this matter at your earliest possible convenience. Aa I mentioned, I am interested in purchasing this piece of property and time is of the essence. Thank you in advance for your time, consideration and expertise. Sincerely, COLDWELL BANKER C-P REALTORS, INC.' Jack L. Cox JLCzJn J'une 22, 1984 Attn: Members of ~he City of Ukiah Planning Commission At the present time we are in the process of determining ~ · the ezonomic feasibility of purchasing and completely renovating the Bogner property, A.P.~2-193-17. The property ~s within the c~ty limits of Ukiah and located on the Southerly side of the intersection of Perkins and Mason Streets. The site as it exists is extremely unattractive and does not enhance the community economically or aesthetically. Keep- ing this in mind, ~it is our desire in our relocation plan to totally upgrade the land and the existing structures. If we de- cide to complete the pur~chase and renovation project, we will be spending approximatley $400,000 to $450,000 to do so. -The theme we will be using in upgrading the property will be that of a Depot and Rail Road Station square. The structure will have a rustic look and should blend in well with the exist- ing railroad setting. The-site will be used for offices wit~ some.related space available for storage and warehousing. We feel the proposed project will be very beneficial for the city and the community as a whole. Prior to making any further financial commitment to this p~oject we, as I stated previously, need to determine economic feasibility. In looking at the project economically there are two issues that must be dealt with; those being, covering Gibson Creek and parking space requirements. As for Gibson Creek that issue wa.s discussed in depth in a letter dated Junel2, 1984 to Mr. Robert B. Pedroncelli, Direcor of Pubic Works. In regards to the parking issue, we need information as to 'city po~°idy-concerning' on site parking require- ments. In addition we would like Sc. know what the current in leiu of fees for parking are, and if the City would be willing to waive the in leiu of fees fQr this project. It is our opinion that due to the magni, tude and cost involved with this project that if the in leiu of fees are not waived, and if the City decides not to participate in construction costs re- lated to ~Gibson Creek, it will not be economically feasible for us to proceed with t'his project. We would greatly appreciate your timely response regarding this.matter as we would like to begin construction and renovation as soon as possible and time is of the essence. I have enclosed a copy of the letter to Mr. Pedroncelli for your review. Thank You. JLC/kc eric. cerely, oF UKIAH 203 SOUTH SCHOOL STREET UKIAHI CALIFORNIA 95482 PHONE 707-462-297 i June 22, 1984 Mr. Jack L. Cox Coldwell Banker C-P Realtors, Inc. 527 South State Street Ukiah, CA 95482 SUBJECT: GIBSON CREEK IMPROVEMENTS AT MASON STREET Dear Mr. Cox: In response to your letter dated June 12, 1984, please be advised that your proposed project appears to be monumental from a drainage and hydraulic standpoint. You have probably noticed that much of the parking area is below the creek "waterway" area. -.. The enclosing of this portion of Gibson Creek is certainly feasible in my opinion; however, it will be costly. Without the benefit of any preliminary design, it appears that a concrete box culvert for most of the open ditch area would be appropriate. Maintainability will be a major criteria from the City's viewpoint. You asked whether or not the City might be interested in participating in the cost of the project. While I see a need to improve safety for pedestrians at this intersection, I cannot volunteer the engineerings services of the City. I suggest you retain a private engineer to study alternative solutions, e.g., box culvert versus open channel improve- ment versus a three-sided concrete box with open grating top. You may be able to save some construction dollars by selecting an innovative type structure for the drainage facility. With regard to constrUction costs, I see some public benefit in terms of improved pedestrian safety by the installation of sidewalR and, thus, I would be willing to recommend to the City Council some sharing in the cost of sidewalk. I am enclosing a copy of Policy Re~olution #5 which I read to say your proposed project should bear the cost of all public improvements. Regarding other departments and agencies, I Mr. Jack L. Cox June 22, 1984 Page 2 assume there would be no major hurdles in dealing with the Fish and Game people. You should ask our Planning Department regarding the need for a negative declaration (EIR). ~ If you wish to discuss the project further, please call either myself or Mr. Kent Payne, City Manager. S inc~y, ~ Robert B. Pedroncelli Director of Public Works/City Engineer RBP:gp Enclosure cc: Mr. D. Kent Payne, City Manager Mr. Mike Harris, Director of Planning % II · '1 141 MASON $ ® MA IN