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HomeMy WebLinkAboutMin 05-02-79 48 CITY COUNCIL MINUTES CITY COUNCIL CHAMBERS 111 W. Church. May 2 , 1979 A G E N D A ACT ION TAKEN CALL TO ORDER 7 :30 p.m. Mayor Snyder presiding. Councilmembers present: Hickey, Myers, Simpson, Brannon, Snyder. Staff present: Swayne, Kruth, Hays, Harris, Tillotson. INVOCATION Wayne Burnett, President, Realtors Association PLEDGE OF ALLEGIANCE Mayor Snyder PROCLAMATION 1) National Safe Boating Week Removed from Agenda PRESENTATION Report on Sun House property Barbara Eversole reported on the goal the Sun House Guild and Cultural Arts Commission is working on for the Grace Hudson Museum Complex. She showed the architect' s renderings of the floor plan of the proposed complex, the interior view, & a sketch of the exterior. The sketches will be on display at the banks. Council expressed thanks for the enthusiasm of the group and the work accomplished. CONSENT CALENDAR CONSENT CALENDAR Councilman Brannon requested #6 be removed. Mayor Snyder requested consideration of Minutes be removed. M/S: Hickey/Myers to approve Consent Calendar Item Nos. 2 , 4,5., & 4/18/79 Minutes. Carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder. NOES: None ABSENT: None. 2) Approve Payroll Warrants #5106 through 5265 for period of 3-4-79 through 3-17-79 Total: 89, 850.74. Approve General Warrants #10717 through #10803 Total: $162, 509.28 4) Approval of budget transfer authorization to provide funds for health & group insurance study by Hay & Huggins Benefit Consultants in amount of $7500. 5) Approval of resolution authori- RESOLUTION NO. 79-73 zing cost service contract agreement (Cooperative Personnel Services) 6) Claims for damages filed by City Attorney recommendation was Irene Brown, Kathey McKee, to pay subject claims. Jeffrey Twomey. Twomey claim involved vehicle damage whish struck a fire hydrant. Req.Mt-q. 5-2-79 49 A G E N D A A C T I O N T A K E N CONSENT CALENDAR (cont'd. ) CONSENT CALENDAR (cont'd. ) Claim for damages (cont'd. ) Councilman Hickey was of the opinion the accident involved carelessness & payment could create a precedent. To his knowledge there is no record of the fire hydrant being hit in the past. M/S: Brannon/Simpson to approve the claim for damages filed by Irene Brown & Kathey McKee and deny the claim filed by Jeffrey Twomey. Carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon Snyder. NOES: None ABSENT: None 3) Minutes, April 4, 1979 M/S: Brannon/Snyder approve as corrected. Carried by roll vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder. NOES: None ABSENT: None PUBLIC HEARING PUBLIC HEARING 7) Continuation of public M/S. • Hickey/Brannon to continue hearing for Las Casas/ subject public hearing to June 6, Vineyard View Subdivision 1979. Carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder. NOES: None ABSENT: None 8) Zoning Ordinance Amendment On file: Planning Director memo, No. 79-55-medical & dental 4 24 79, Planning Commission minutes, Off street parking require- 1 10 79, 2 28 79, 3 28 79, 4 11 79, ments. Introduction of Planning Director memo, 1 3 79, 2 23 79, ordinance. 3 23 79, Planning Commission memo, 4 24 79. Proposal is to approve a modification to require one parking space for each 250 sq. ft of gross leaseable space. Mayor Snyder opened the public hearing at 7 : 52 p.m. No one spoke in favor or in opposition. Public hearing closed at 7 :53 p.m. M/S: Brannon/Myers to introduce Ordinance No. 729 by title only. Carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder. NOES: None ABSENT: None. M/S: Hickey/Brannon to introduce Ordinance No. 729, "Ordinance Of The City Council Of The City Of Ukiah Amending Section 9165, 6a Of Chapter 2, Division 9 - Off Street Parking Requirements For Medical & Dental Offices" . Councilman Simpson was of the opinion an addition to Section 9165, 6) should be, " . . , fraction thereof" . Carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder. NOES: None ABSENT: None. REPORTS FROM BOARDS, COMMITTEES REPORTS FROM BOARDS, COMMITTEES COMMISSIONS COMMISSIONS . 9) Architectural Review No. 79-69 On file: Planning Director memo, Don Jenkins, 949 N. Oak 4 27 79, Planning Commission minutes, 2 28 79, 3 28 79, 4 11 79 , Planning Director memo, 2 21 79, 3 9 79 , 46 79, Planning Commission memo, 4 25 79, Neg. EIR. The architectural review of a 14 unit apartment complex resulted in a 3-3 tie vote at the Planning Commission. In this event, the final action rests with the Council. City Attorney read Section 9167 of the Code which deals with architectural review. The applicant spoke concerning his proposal explaining how the matter had been before the Planning Commission three times and each time he had complied with the requested changes. Mr. Jenkins pointed out Reg.Mtg. 5-2-79 P,_ige 2. 50 r A G E N D A ACT ION TAKEN REPORTS FROM BOARDS, COMMITTEES, REPORTS FROM BOARDS, COMMITTEES, COMMISSIONS (cont'd. ) COMMISSIONS (cont'd. ) Arch. Review No. 79-69 (cont'd. ) there are other apartments in the area and his proposal is compatible with the area. The zone is R-2 and his .proposal qualifies under R-2 zone. He stated a request was made to change the project from apart- ments to condominiums and he agreed to this also. The parking area has carports and all driveways are forward and provisions has been made for turn around with no difficulty. Councilman Brannon asked if the intent is to build condominiums, sub- division requirements must be met. The City Attorney pointed out a condominium would require a use permit. Planning Director explained the condominium process and stated if the applicant wants to pursue the condominium process he would have to drop this proposal and reapply. It was pointed out the matter before the Council at this time is only the architectural review for proposed apartments. It was also pointed out that the colored sketch of the proposed project was inaccurate as it related to the specific drawings of the project. The following persons were present to speak in opposition to the proposal: Helen Sizemore, 989 N. Oak Steve Hart Warren Liberty Virginia Brody, 1000 North Oak Terry Sizemore, 989 N. Oak Kate Riley, 706 North Oak Rene Brewster, 152 Gibson Carol Park, 627 N. Pine A Petition was read alleged to have been signed by 200 families who live in the northern part of Ukiah, stating their objection to this proposed project. The petition was placed on file. Objections expressed related to increased traffic, density, proposal not compatible with the small homes in the area, object to the solid wall construction of the units, there has been no change in the parallel rows, project will dominate the hill which will be oppressive, out of scale and not taking advantage of prime site, concern about how all open space is up for grabs and how this could set a precedent, will reverse the character of the neighborhood, will not upgrade neighborhood as has been alleged. M/S: Hickey/Brannon to approve the negative declaration for subject project. Carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder. M/S: Brannon/Hickey to approve Architectural Review No. 79-69 in accord- ance with recommendations contained in Planning Director memo, dated 2 21 79 which contained Standard. Conditions l through 9 together with 18 additional requirements. Councilman Brannon was of the opinion there is a distinct character in subject area, but an even row of houses showing a Cape Cod effect may be in character with the neighborhood. With reference to the ad placed in the paper protesting the project, he stated it was difficult to look at it as destroying land. In his opinion builders are re'sponding to demands in the market. He was of the opinion that the objections to tenant occupancy vs. owner occupancy is discriminatory. g Councilman Hickey pointed out that there are other rental units in the immediate area and this project would not create a situation where renters would be moving into a non-rental neighborhood. Councilmen Simpson and Myers were of the opinion that the project be sent back to the Planning Commission with definite guidelines of how to proceed. Mayor Snyder stated she did not find that the two row effect is in keeping with the neighborhood. The motion to approve the Architectural Review failed by the following roll call vote: AYES: Hickey & Brannon NOES: Myers, Simpson, Snyder. i i Recess - 8: 57 p.m. Reg.Mtg. 5-2-79 Page 3 51 A G E N D A A C T I O N T A K E N REPORTS FROM BOARDS, COMMITTEES REPORTS FROM BOARDS, COMMITTEES, COMMISSIONS (cont'd. ) COMMISSIONS (cont'd. ) 10) Resolution authorizing M/S: Hickey/Simpson to adopt annexation application - RESOLUTION NO. 79-74, Carried Orr Creek Annexation by roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder. - NOES: None ABSENT: None 11) Request from Parking Advisory Commissioner Nelmes Smith, Chairman Commission to extend authority of subject Commission spoke on the city wide rather than being matter. He stated the commission limited to the Parking District supported the following recommendations to the Council: 1) Expand area of authority city- wide. 2) Purchase parcel located at 209 South Oak. The owner of the former J. C. Penny store offered to buy the property for $54, 000, sell it to the City for $17, 000 for use as a parking lot with the understanding that the City convert it and the city lot adjacent thereto to public use, without meters. The proposed expenditure was recommended to come from Parking District funds. 3) Request that Clyde Oakes continue to serve on the Parking Advisory Commission even though he has recently resigned from the Planning Commission. Councilman Simpson asked what effect the absence of parking meters would have on the Parking District. The City Attorney will explore the covenants of the Parking District resolution. M/S: Simpson/Hickey to add to the agenda consideration of proposal for purchase of parcel located at 209 South Oak. Unanimously carried. --- M/S: Simpson/Brannon agreex*nq in concept with subject purchase, but defer action to 6 6 79 at which/HiTf will have information for handlingthe transaction. Ted Feibusch requested the matter be handled as soon as possible inasmuch as the project depends on availability of this parking lot. Councilman Simpson withdrew his motion, with Councilman Brannon' s consent. M/S: Brannon/Simpson to give staff authority to proceed with proposed purchase of property in the manner discussed, to avoid legal entanglements for the city. Carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder. NOES: None ABSENT: None M/S: Brannon/Simpson to direct staff to prepare an amended ordinance to provide for Parking Advisory Commission to have jurisdiction citywide. Carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder. NOES: None ABSENT: None Council determined that Clyde Oakes will continue to serve on the Parking Advisory Commission for an indefinite period of time. WRITTEN COMMUNICATIONS WRITTEN COMMUNICATIONS 12) Letter from Mayor of City of M/S: Simpson/Myers to adopt Hayward supporting adequate RESOLUTION INTO. 79-75, "Resolution funding for Older American Supporting Federal Aging Programs" . Act Carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder NOES: None ABSENT: None Reg.Mtg. 5-2-79 Page 4 52 A G E N D A A C T I O N T A K E N WRITTEN COMMUNICATIONS (cont'd. ) WRITTEN COMMUNICATIONS (cont'd. ) 13) Letter to obtain use of Letter was from Emma Rose Mitchell, obsolete houses on Lewis Lane Tribal member There was no one present to speak on subject matter. Council acknowledged receipt and placed letter on file --p ORDINANCES & RESOLUTIONS ORDINANCES & RESOLUTIONS 14) Adoption of Ordinance No. 727 M/S: Brannon/Myers to adopt Ordinance Prezone Appl. No. 79-82 No. 727 by title only. Unanimously carried. M/S: Brannon/Hickey to adopt Ordinance No. 727 A petition from property owners in the affected area objecting to the zoning this ordinance will create. Councilman Hickey pointed out this is not pertinent at this time. It would be more in order under a use permit request. Dan McCurry spoke to say in his opinion it is pertinent at this time because once an area is prezoned, it is too late to speak. Planning Director explained the procedure. Councilman Myers stated some concerns expressed have merit and asked staff to take this into consideration for the developer. Motion to adopt subject ordinance carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder. NOES: None ABSENT: None Adoption of Ordinance No. 728 M/S: Brannon/Hickey to adopt Ordinance Zone Change Appl. NO. 79-72 No. 728 by title only. Unanimously carried. M/S: Brannon/Hickey to adopt Ordinance No. 728. Carried by roll call vote:' AYES: Hickey, Myers, Simpson, Branno Snyder. NOES: None ABSENT: None 15) Resolution establishing fees M/S: Simpson/Brannon to adopt for disposal of tires at RESOLUTION NO. 79-76. Carried by sanitary land fill site roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder. NOES: None ABSENT: None 16) Resolution approving Amendment On file: City Manager report,5 2 79 No. One to NCPA member agree- It was pointed out the financing ment for participation in for the short term & supplemental electric power development fund financing would encumber the electric revised as of May 1, 1978. fund, not the general fund. M/S: Hickey/Brannon to adopt RESOLUTION NO. 79-77 . Carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder. NOES: None ABSENT: None CITY ATTORNEY REPORTS CITY ATTORNEY REPORTS City Attorney presented Council a memo dated May 2 , 1979, on the n -- subject of Conflicts of Interest &- stressed the importance of the facts contained therein. CITY MANAGER REPORTS CITY MANAGER REPORTS 17) Award of bid for removal Six bidders responded to the bid of city owned dwellings call. The high bidders were: on Lewis Lane Sterling Norgard, No. 18 $510. 00 Jack Waldrop, No. 155 26 . 50 i Jose Lucientes No. 16 50. 00 " No. 20 175. 00 Reg.Mtq. 5-2-79 Pack 5 . 53 A G E N D A A C T I O N T A K E N CITY MANAGER REPORTS CITY MANAGER REPORTS Award of bid for removal of M/S: Brannon/Hickey to award bid City owned dwellings (cont'd. ) to highest bidders as set forth on Page 5. Carried by roll call vote: AYES: Hickey, Myers, Simpson, Brannon, Snyder. NOES: None ABSENT: None. CITY COUNCIL REPORTS CITY COUNCIL REPORTS 18) Fill Planning Commission M/S: Brannon/Myers to appoint vacancy Yvonne Metzler to fill the unexpired term of Clyde Oakes. Councilman Hickey pointed out stated Ms. Metzler' s business requires that she be out of town so wondered about her ability to attend all meetings. Carried by roll call vote: AYES: Myers, Simpson, Brannon, Snyder. NOES: Hickey ABSENT: None 19) Appoint members to Sign Chamber of Commerce wishes to appoint Ordinance Review Committee a Council member to subject committee. Councilman Simpson volunteered to serve if there is no conflict. City Attorney will make this determination. Council determined Councilman Simpson will serve on subject committee and verified the nomination of the Plan- ning Commission Chairman & Planning -. Director. 20) Discussion of City Code Councilman Simpson had indicated a Sec. 121-City Manager need for clarification of this sec- Relations tion. City Attorney memo, 4-27-79, set forth proposed language. M/S: Simpson/Brannon to request input from boards and commission on this matter. COMMENTS FROM AUDIENCE COMMENTS FROM AUDIENCE 21) Oral presentation from Mr. Request was made to pull the item McClintock, Mendocino Transit to a later date. . Authority. CITY COUNCIL REPORTS CITY COUNCIL REPORTS Mayor Snyder Reminder of joint meeting with Planning Commission May 9th. Councilman Simpson Asked where Mr. Jenkins application is inasmuch as it has been rejected. He will begin again. ~- Councilman Brannon Will be out of town from May 9-16. Reported on seminar he attended on contracting for government services. Net result was a lot of restraints & it left a lot to be desired. Reg.Mtg. 5-2-79 Page 6. 54 A G E N D A A C T I O N T A K E N CITY COUNCIL REPORTS (cont'd. ) CITY COUNCIL REPORTS (cont'd. ) Mayor Snyder Asked status of Nokomis School Park. Plans & specifications are at State office. Next step is bid call. Status of update of City Code. It 'is progressing. �Po� Status of bid letter to title companies. It will be done this week. Council will have joint meeting with Cultural Arts Commission at its noon meeting at the clubhouse on May 9th and will meet with the Airport Commission June 13th. Asked Traffic Committee consider two items - obstruction by vehicles & curb markings. Attended the Senior Citizen ceremony. Congressman Clausen delivered a flag which had flown over the capitol. COMMENTS FROM AUDIENCE COMMENTS FROM AUDIENCE Ted Feibusch Jenkins needs professional help. Brooktrains requires $25 fee for review. Since there is no expertise on Planning Commission & staff, recommend mandatory and avoid things like this. What is cash balance of electric fund? City Manager reported $300, 000. Mr. Feibusch asked if there were encumbrances against it. City Manager explained. ADJOURMENT ADJOURNMENT Mayor Snyder To Executive Session at 10:47 p.m. HATTIE M. TILLOTSON City Clerk ACTION IN OPEN SESSION FOLLOWING EXECUTIVE SESSION Motion by Councilman Brannon, seconded by Councilman Hickey authorizing City Attorney to file suit to compel compliance with conditions on variance granted to Clare Holmes and Phrankl.in Apfel. Carried unanimously. Reg.Mtg. 5-2-79 Page 7.