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HomeMy WebLinkAboutMin 01-03-79 CITY COUNCIL MINUTES CITY COUNCIL CHAMBERS 111 W. Church January 3, 1979 AGENDA ACTION TAKEN CALL TO ORDER 7 :30 p .m. Mayor Brannon pre- siding. re- siding. Councilmember's present : Hickey, Myers , Simpson, Snyder, Mayor Brannon. Staff present : Swayne, Kruth, Hays , Harris , Tillotson. INVOCATION Councilman Simpson PLEDGE OF ALLEGIANCE Councilwoman Snyder APPROVAL OF GENERAL WARRANTS M/S: -Simpson/Hickey Warrants #9703-#9829 inclusive $339, 915. 07 . Carried by follow- ing roll call vote : AYES : Hickey, Myers , Simpson, Snyder , Mayor Brannon.NOES :None ABSENT:None M/S: Simpson/Hickey Warrants #9830 to J9890 inclusive $98, 654. 20. Councilman Hickey questioned distribution of funds for Warrant #9846 . City Manager will advise at a subsequent time . Carried by following roll call vote: AYES : Hickey, Myers , Simp- son, Snyder, Mayor Brannon. NOES: None ABSENT: None PROCLAMATIONS None APPROVAL OF MINUTES M/S: Simpson/Hickey to approve as corrected. Carried by follow- ing roll call vote : AYES : Hickey, Myers , Simpson, Snyder, Mayor i Brannon.NOES : None ABSENT: None CONSENT CALENDAR CONSENT CALENDAR City Manager requested Agenda #3 be pulled & Councilman Simpson requested Agenda #2 be pulled. M/S: Snyder/Myers approving Items 1 and 3(a) on Consent Calendar. Carried by roll call vote: AYES : Hickey, Myers , Simpson, Snyder, Mayor Brannon. NOES : None ABSENT: None 1) Resolution appointing Councilman Hickey RESOLUTION NO. 79-43 as member of 4 nonprofit organizations organized to act on behalf of NCPA 3a) Bid award for metal building at Reject all bids and the Director Police Department of Finance be authorized to negotiate for the purchase of subject building. , Reg.Mtg. 1-3-79 Page 1 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. ) 2) Resolution for initiation of M/S : Simpson/Hickeyto ado t annexation, Orchard Ave. South RESOLUTION NO. 79- 4.P Councilman Simpson requested & Planning Director delineated parcels included in subject proposal. Councilman Simpson pointed out that an island is being created. Carried by roll call vote : AYES : Hickey, Myers , Simpson, Snyder, Mayor Brannon NOES: None ABSENT: None 3) Resolution for initiation of LAFCO has proposed that the annexation, Vineyard View/Las Casas affected territory not be de- tached from the Millview County Water District . City Manager recommended that the LAFCO decision be appealed. Councilwoman Snyder asked if Council would be automatically approving the tentative map the Board of Supervisors has already approved by adopting subject resolution. City Attorney stated adoption of subject resolution has nothing to do with the tentative map approved by the Board of Supervisors . The purpose of the resolution is to set the date for public hearing on subject matter. M/S: Simpson/Hickey to adopt RESOLUTION NO. 79-45 Carried by roll call vote : AYES : Hickey, Myers , Simpson, Snyder, Mayor Brannon. NOES : None ABSENT: None M/S : Hickey/Myers to appeal the condition stated in LAFCO Resolution No. 78-4, that the affected territory not be detached from Millview County Water District" . Carried unanimously. Y TIMED AGENDA TIMED AGENDA TRAFFIC STUDY PROGRESS REPORT Mr. Chris Kinze 1p a) Planning Commission recommendation TJKM, the consultinePfirmnwho o re Traffic Commission g is conducting the traffic study The study will deal with circulationavCosinil a status report. ProP g a plan of streets to meet future needs and a determination of the deficiencies . M The study will also deal with the downtown area. A survey is being conducted to determine the parking facilities being used and occupancy of the parking stalls . A draft of the proposal should be available in two months . Council concerns and questions related to lang range developments as well as solutions to the immediate problems , consideration of safety factors in vicinity of schools , what effect a proposed . mall on School Street would have on the loss of those parking spaces, consistence with the General Plan, conflicting view- points of City and County, and consideration of alternate trans- portation. Ted Feibusch requested a Council representative attend the public hearing at the Veterans Building concerning proposed improvement to Vichy Bridge. In his opinion an alternate solution should be considered to extend Ford Road easterly to the freeway, thus allev- iating the traffic on Low Gap Rd. , Perkins , & Vichy Bridge . Helen Sizemore, 989 N. Oak, was of the opinion that Council should not vote on traffic issues but should complete the traffic study as soon as possible. Proposed Traffic Commission - Planning Commission has recommended that a Traffic Commission be created to study traffic problems . Mr. Clyde Oakes , member of the Planning Commission, stated there is an urgent need for such a formal body to be established immediately so that it could be functioning at the time the traffic study is complete. In his opinion, steps have not been taken toward a future look into the City' s traffic problem; hence the . problems we have at the present time. Staff recommendation was that Council continue consideration of subject commission until results of the traffic study is finalized. Reg.Mtg. 1-3-79 Page 2. 3 A G E N D A ACTION TAKEN . TIMED AGENDA (cont ' d. ) TIMED AGENDA (cont ' d. ) Council consensus was that a sub-committee of the Planning Commission could be formed after completion of the traffic study. Such a committee could study the long range planning issues which .could be coordinated between the County and City General Plan. Mayor Brannon was of the opinion that the absence of a committee is not the cause of the traffic problems today. Council determined to hold the matter over until further along during the traffic study and refer the matter back to the Planning Commission. PUBLIC HEARINGS PUBLIC HEARINGS 4) Zone Change Application No. 79-38 , Planning Director memo, 11-3-78 Brigham & Finnegan, proposal to Planning Commission findings, change R-3 zone to C-N zone on 11-30-78 parcel located northeast corner Planning Commission Minutes , Bush Street & Low Gap Road. 11-8-78 Planning Commission memo, 11-3-78 Negative EIR Planning Commission recommendation was denial. Simpson & Myers absented themselves because of a conflict of interest. Public hearing opened at 8 : 50 p .m. Bob Axt, 26 Oak Court, Agent for applicants spoke in favor of subject application. He stated the original plan was for an apartment complex fronting on Low Gap Road. Witrl the extension of Bush Street the parcel has been narrowed, thus making a large environmental impact on the small parcel. In his opinion the site is impractical -to develop as a residence. He stated R-3 zone generates larger amounts of traffic than C-N zone and mixed zoning is a valid concept olE zoning. Kate Yeager, Clara Street, spoke in favor of the applicant, stating that a small commercial complex with a restaurant could do no harm and would be nice to have in the area. The following persons spoke in opposition to the proposed change : Carrie Sizemore, 989 N. Bush David. Goodman, 436 N. Bush Virginia Brody, 1000 N. Oak Pete Passoff, 155 Deborah Court Objections related to increased traffic problems , objection to commercial shopping center in this area, incompatibility with schools , inconsistent with General Plan, making bad matters in the area worse, threatens other homes in the immediate area. Public hearing closed at 9: 20 p.m. M/S : Snyder/Hickey to accept Planning Commission recommendation to deny Zone Change Application No. 79-38 . Council indicated Planning Commission sets the points out clearly. It would be unwise to consider a zone change -- which would impact the area more. It is important to adhere to the General Plan as much as possible. Motion to deny carried by the following roll call vote : AYES : Hickey, Snyder, Brannon NOES : None .ABSENT: Myers , Simpson Reg.Mtg. 1-3-79 Page 3 . P A G E N D A A C T I O N T A K E N PUBLIC HEARINGS (cont ' d. ) PUBLIC HEARINGS (cont ' d. ) 5 Community Development Block Grant Application is for housing Small Cities Program application rehabilitation funds in the (Joint application) Wagonseller ' s Addition and for Project Sanctuary resi- dential facility. �--- Councilman Myers absented himself because of conflict . Public hearing opened-9 : 36 p .m. Kate Yeager briefly reviewed the survey that has been made of the needs of the area & gave a short history of the Wagonseller ' s Addition. Susan Plummer spoke briefly concern- ing the needs for a permanent shelter. Annette Parks , 133 Clara, ' also spoke concerning the Wagonseller' s Addition. Public hearing closed at 9 :43 p .m. Council expressed a need for more detailed and specific in- formation & deferred action until the next meeting. C/Myers returned to the meeting. REPORTS FROM BOARDS, COl�'Il"IITTEES, REPORTS FROM BOARDS, COMMITTEES, COMMISSIONS COMMISSIONS 6) Variance No. 79-47 filed by Jim Lee Planning Director memo, 12 28 78 to reface existing non-conforming Planning Commission minutes , free standing sign located at the old 12 13 78; Planning Director , Purity Store. memo, 12 8 78 , Planning Commis on memo, 12 28 78 . Planning Commission recommenda- tion was denial. M/S : Hickey/Myers to approve Variance No. 79-47 . Council remarked that in review- ing the site in question it was noted that the sign had been removed. The motion to approve subject variance failed by the follow- ing roll call vote : AYES : None NOES : Hickey, Myers , Simpson, Snyder, Brannon. ABSENT: None 7) Variance No. 79-51 filed by Burger Planning Director memo 12 28 7811 King Corporation requesting variance Planning Commission minutes from sign height requirements . 12 13 78, Planning Director memo 12 7 78, Planning Commission memo 12 28 783, Burger King letter 11 30 78 . Planning Commission recommende--'t Con was denial . Tom Adams, Santa Clara, representative of Burger King was present in the audience and gave a slide presentation .showing existing signs in the area and how they relate to this proposal . Mr. Adams stated the request for this sign variance is because of a need for exposure to establish the Burger King Corporation in this area. He stated they are not asking for a permanent situation. They are only asking for an opportunity to compete in a viable market for 15 months , which is the same time the other businesses in the area t Reg.Mtg. 1-3-79 Page 4. Zlw4 A G E N D A ACT ION TAKEN REPORTS FROM BOARDS, COMMITTEES REPORTS FROM BOARDS ; COMMITTEES COMMISSIONS (cont 'd. ) COMMISSIONS cont ' d. ) have to comply with the sign ordinance. Mr. Adams also stated that the company will bring more tax dollars into the city and will offer more employment . Duncan .James and Sharon James also spoke in favor of the proposal . » .; Mr. James owns subject property as a joint venture. He stated the request is not unreasonable, that Burger King is asking for a limited variance since the sign will come down in 1981 when other non-conforming signs come down. It was also pointed out that the Burger King will be making a long term investment in this community and will help keep young people in the community employed. Don Delahoyde, Arctic Circle, spoke in opposition. His experience in hiring high school students had not been good. He could not see how the economy of Ukiah would be boosted. Bob Bender stated the fact that the height of the sign would affect business is doubtful. He was of the opinion that if there is a sign ordinance, Council should conform to it . M/S : Snyder/Hickey to approve Burger King request for sign height requirements . City Attorney read sign ordinance which deals with variances . C/Snyder was of the opinion that if Council can get something in writing from Burger King that they will comply with the sign ordinance on the time frame the City has , granting the request would be reasonable. In her opinion new construction such as this will need exposure to increase business and the tax base. ' C/Simpson asked if granting this would be a special privilege. He also asked if the State will put up signs along the freeway indicating the availability of food. He would like to know what is permitted on these highway signs. C/Myers stated this business is beneficial to the community. The sign ordinance should be flexible to meet the demands of the community. However, there is a problem in that large signs have been erected. This is unfair to those who have conformed to the ordinance. He does not want a cluttering effect along the streets and highways . Mayor Brannon stated that Burger King is welcome to Ukiah, however, ' they will have to live with our requirements . He does not see adequate merit to grant the request. The motion to approve the Burger King sign height variance failed by the following roll call vote: AYES: Simpson, Snyder NOES: Hickey, Myers , Brannon ABSENT: None RECESS ORDINANCES & RESOLUTIONS ORDINANCES & RESOLUTIONS 8) . Adoption of ORDINANCE NO. 724 M/S: Simpson/Myers to adopt changing meeting time of, ORDINANCE NO. 724 by titleonly. Parking Advisory Commission Carried unanimously M/S : Simpson/Myers to adopt ORDINANCE NO. 7241 "Ordinance Of The City Council Of The City Of Ukiah Amending Section 1165 Of The Ukiah City Code (Parking Advisory Commission Meetings) . Carried by the following roll call vote: AYES : Hickey, Myers , Simpson M079 ' Mtg. Snyder, Brannon NOES: None ABSENT: None Page 5.. A G E N D A ACTI ON TAKEN ORDINANCES & RESOLUTIONS (cont ' d) ORDINANCE'S & RESOLUTIONS (ccnt 'd. ) 9) Resolution declaring property City Attorney memo, 12-18-78 surplus & authorizing disposal Director of Publ . Wks memo, 12-7-75 (North Oak at Orr Creek) M/S : Simpson/Hickey to adopt RESOLUTION NO. 79-46 . Carried by roll call vote : AYES : Hickey, Myers , Simpson, Snyder, Brannon. NOES : None ABSENT: None Mayor Brannon stated subject --- funds should -be earmarked fcr something other than the General Fund. CITY ATTORNEY REPORTS CITY ATTORNEY REPORTS Western Cities Magazine An article in subject magaze bears Council reading inasmL!-h as it deals with the Supreme Court decision concerning adult book stores . It points out :ore personal consequences for members of Council. Yokayo Shopping Center Problems at subject center 7,:=11 be reported on after the nev District Attorney takes office since he will handle prosecu_ion. CITY MANAGER REPORTS CITY MANAGER REPORTS 10) Property line determinations City Manager memo, 1 3 79 Planning Director memo, 11-3�-7F- C/Snyder has had inquiries c:: subject matter which stemmed from errors in the past. C/Snyder was of the opinion _hat a solution to the problem wc-?ld be to require all new const--.,ction to be surveyed and since it -Would be too expensive to require surveys in the older areas of town, adjoining property owners could sign agreements which would determine the location of property lines . Mayor Brannon indicated he Stas not in favor of government c:.tting into such matters . In his e-pinion there are built in controls. He is opposed to impose that k--gid of burden for the few who benefit. Council took no action. At this point Council remarked about .the good job the Building Official is doing and glad ::o hear the good reports of his work. CITY COUNCIL REPORTS CITY COUNCIL REPORTS 11) Appointment to Parks & Recreation It was reported that .loan Ranachak Commission is interested in the appoin=ent . C/Hickey reported Bob Huff is also interested and that he coul recommend him highly. Council determined that a notice should tbe hose in the paper asking for o e interested in serving on the commission to notify the City Clerk. Reg.Mtg. 1-3-79 - Page 6. 7 A G E N D A A C T I O N T A K E N CITY COUNCIL REPORTS (co CITY CITY COUNCIL REPORTS (cont ' d. ) Councilman Myers Pleased to see that City Manager sent letter of appreciation to former Recreation & Parks Commiss- ioner Marilyn Smith. She did an excellent job on the commission and glad to see her recognized. Councilman Hickey Report on the last NCPA meeting. Mr. Phillip Michaels is the g new Executive Director. Councilwoman Snyder Referred to a Legislative Bulletin concerning returnable beverage containers and asked if it would be appropriate to support such legislation. M/S: Snyder/Simpson to place the matter on the agenda. Motion failed-by a 4-1 vote. Councilman Simpson Referred to traffic safety around McDonald' s and sugested that the ingress and egress be reversed at this location. Requested a report at the next meeting concerning what is allowed on service signs on freeways . Mayor Brannon Referred to Mr. Feibusch' s comment re Vichy Bridge vs . new bridge and stated Council should go on record favoring one approach or another . 0/Simpson agreed. City Manager will advise County Administrator that Council favors the 2nd crossing. PAYROLL WARRANTS PAYROLL WARRANTS Approval of Payroll Warrants M/S: Hickey/Snyder Warrants #3737-#3906 inclusive 10/29/78 to 11/11/78 inclusive $91, 839. 88 . Carried by roll call vote : AYES : Hickey, Myers Simpson, Snyder, Brannon NOES : None ABSENT: None M/S: Simpson/Myers Warrants #3907-#4071 inclusive 11-12-78 to 11-25-78 inclusive $92,580. 46. Carried by roll , .... call vote: AYES: Hickey, Myers Simpson, Snyder, Brannon NOES : None ABSENT: None ADJOURNMENT Mayor Brannon adjourned the meeting at 11 :52 p.m, HATTIE M. TILLOTSON City Clerk Reg.Mtg. 1-3-79 Page 7 .