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Home My WebLink Aboutmin 09-06-78 462 AGENDA/MINUTES CITY COUNCIL City Council Chambers 111 W. Church . September 6 , 1978 A G E N D A ACTI ON TAKEN CALL TO ORDER 7 :32 p.m. Mayor Brannon presiding Councilmembers present: Hickey, Myers, Simpson., Snyder, Mayor Branni officials & staff present: Swayne, Hays, Kruth, Harris, Tillotson INVOCATION Councilman Simpson PLEDGE OF ALLEGIANCE Councilwoman Snyder APPROVAL OF PAYROLL WARRANTS M/S: Simpson/Hickey Warrants #2586 to #2758 inclusive $88, 494 . 22 . Carried unanimously by by roll call vote. APPROVAL OF GENERAL WARRANTS M/S: Snyder/Myers #9011 to #9083 inclusive $195, 6.56 . 19. Carried unanimously by roll call vote. APPROVAL OF MINUTES M/S: Hickey/Snyder August 16, 1978 as corrected. Carried unanimously by roll call vote. Request to change format of M/S: Hickey/Simpson to approve Action Minutes the change in the general format of action minutes as requested by the City Clerk. Objections related to brevity of the minutes as proposed. Suggestion made to tape all Council meetings. City 'tanager could not recommend taping minutes because of unsatis- factory past experience. Motion failed by 3 to 2 vote. CONSENT CALENDAR CONSENT CALENDAR M/S: Simpson/Snyder approving items on Consent Calendar'. Motion: Carried unanimously by roll call vote. 1. Award of bid for 4 vacuum assemblies with fuses to G. E. Supply 2. Motion: To appropriate funds for North Orchard Ave. extension storm drain, $10, 678 from Gen. Fund Reserve to Acct. #100-250 PUBLIC HEARING PUBLIC HEARING 3. Prezone Application No. 79-13, Kennedy, Cagle & McGraw, to consider rezoning from County A-1,A-2,.R-1,R-2,R-3 to City "PD" Planned Develop- ment in anticipation of annexation of 124 acres immediately north of the City. On file: Director of Planning report, 8-30-78 Planning Commission Report, 8-30-78 Planning Commission Minutes, 8-9-78 Planning Director report, 8-4-78 Reg. Mtg. 9-6-78 Page 1 463 PUBLIC HEARING (cont'd. ) Subject before Council is whether or not area should be prezoned prior to annexation and if so, what should the- designation be. Mayor Brannon requested City Attorney to comment on statements made in a letter received from John N. Hansen, 1207 West Clay Street regarding Council ' s decision to accept $108, 000 in lieu fees. City Attorney stated Section 9245 of the Ukiah City Code, referred to in Mr. Hansen' s letter, v deals with annexation, not zone change which is the subject of this public hearing. Public hearing opened - 7 : 48 p.m_. Bobby Kennedy spoke in favor of the proposed zone change. The following persons spoke in opposition to the proposed zone change: Martha Harmon Richard Robinson Kerry Hamburg Carol Park Ted Feibusch Nancy Seldern .Virgil Nelson John Hansen Else Feibusch Lucy Baer Cheri Holden Phyllis Webb Kate Aderton Nancy Parker Beatrice Robinson Ken Smith Donald Anderton Tim Holliday Andrea Sherman The following objections and concerns were expressed: Inavailability of a map of the proposed area. Code states PD zone is to be innovative - this proposal is not. Medium low density requirement was waived for Senior -Citizen complex located nearby, not for the whole area. Moderate-low density calls for 4 to 6 units, this proposal calls for more. Need for more open space Application on file states the City of Ukiah is the applicant. Planning Director signed same. Tentativc plan is not in conformance with General Plan People need to know terms of annexation agreement Section 8404 (c) of the Municipal Code spells out in lieu fees shall be used only for park and recreation facilities. Council action August 16, 1978, was in violation of this section. Economic analysis made on subject proposal is incomplete . Request Council reject the prezoning until all facts are known to the people. Proposed density will set a poor precedent The 40 foot width lots proposed are too narrow Concern relating to increased traffic The proposal is a single dwelling - not single family dw-llings Need to look at lon,- range use in the best interest of the community Crowding people in samll area is not good for them and creates problems Council not keeping issue in perspective City is not gaining by this annexation - costs will be more than benefits. Public hearing closed - 8 : 48 p.m. M/S: Simpson/Hickey to recommend Planned *Development for subject area and instruct staff to prepare the required ordinance. Councilwoman Snyder raised a question regarding the annexation and asked if there were another annexation agreement other than the one originally proposed. The City Attorney stated there was not another agreement and stated further the annexation does not require an agreement. Councilman Myers stated he had reservations about the density proposed in the area. Careful controlled growth is important in his opinion. Carried by majority vote. Councilman Myers voted "NO" 4 . Zoning ordinance amendment regulating adult entertainment businesses. On file: Planning Director report, 8 23 78 Planning Commission report, 8 11 78 Planning Commission minutes, 7 26 78 Planning Commission report, 7 19 78 Planning Director report, 8 4 78 City Attorney report, 8 31 78 Public hearing open_ - 9: 40 p.m. No one to speak in favor or in opposition Reg.Mtg. Public hearing closed - 9 : 41 p.m. 9-6-78 Page 2 464 M/S: Snyder/Simpson to introduce ordinance by title only. Carried unanimously by voice vote. M/S: Snyder/Hickey to introduce Ordinance No. 717 Council discussed the potential liability that exists with adoption of subject ordinance. Carried by majority vote. Mayor Brannon voted "NO" . WRITTEN COMMUNICATIONS WRITTEN COMMUNICATIONS 5. Letter from Frank Zeek School M/S: Simpson/Snyder to approve agree Principal requesting continuing ment with School District to share crossing guards at Low Gap & Bush (50-50) cost of maintaining crossing guards. Carried unanimously by roll call vote. 5a) Appointment of voting representa- M/S: Brannon/Hickey to appoint Council- tive at annual League Conference woman Snyder the voting representa- 'tive and Councilman Simpson the alternate. Carried unanimously by voice vote. ORDINANCES & RESOLUTIONS ORDINANCES & RESOLUTIONS 6. Resolution authorizing amendment M/S: Hickey/Simpson to adopt to NCPA Development Fund Agreement RESOLUTION NO. 79-14 (Contributions) Carried by majority vote. Councilwoman Snyder voted "NO" . 7. Resolution authorizing amendment to M/S: Simpson/Snyder to adopt NCPA Development Fund Agreement RESOLUTION NO. 79-15 (Voting) Carried unanimously by roll call vote. 8. Resolution authorizing amendment to M/S: Hickey/Snyder to adopt power purchase contract (Wheeling RESOLUTION NO. 79-16 Agreement) Carried unanimously by roll call vot 9. Resolution in support of Sun House M/S: Simpson/Hickey to adopt as a State Historical Landmark RESOLUTION NO. 79-1.7 Carried unanimously by roll call vote Y CITY MANAGER REPORTS CITY MANAGER REPORTS 10. Relocation plan for Main Street On file: Public Works Director memo, exten!7ion, Mill to Gobbi. 9-1-78 Dept. of Hsg. & Community Development letter, 8-28-78 " a Redwood Legal Assistance '`comments, 8-24-78 Response to public comments on relocation plan, 8-29-78 Hsg. & Community Development Title 25 Relocation Plan M/S: Snyder/Myers to approve subject relocation plan with attachments as submitted. Mary Ann Villwock, Redwood Legal Assistance spoke. She stated re- placement housing is not sufficient in the area, the plan was not pre- pared on a timely basis, and the plan does not adequately meet state requirements. Carried unanimously by roll call vote. Reg.Mtg. 9-6-78 Page 3 4 6`5 CITY COUNCIL REPORTS CITY COUNCIL REPORTS 11 . Traffic Study Consultant Councilman dickey gave report for recommendation Traffic Study Consultant Review Committee. M/S: Simpson/Hickey to approve the proposal by TJKM Consultants, Walnut Creek in the amount of $14 , 600 for the circulation element and the downtown traffic study. Carried unanimously by roll call vote. Councilman Myers Referred to speed zones on Low Gap. Part of the proposed traffic study. Councilman Hickey Received notice from NCPA of his appointment to Solid Waste Management Study committee. Study will be con- ducted in Marin, Sonoma, Mendocino & Napa Counties. Councilwoman Snyder Compliments to the new High School facility. Barbeque for employees was enjoyable. Councilman Simpson Happy to see the traffic circulation study become a reality Mayor Brannon Requested the City Attorney to check into the $108 , 000 in lieu of land contribution. Research com- pletely to assure wcr are on proper ground. ZOURNMENT ADJOURNMENT Mayor Brannon adjourned the meeting at 11: 09 p.m. to Executive Session. HATTIE M. TILLOTSON City Clerk Reg.Mtg. 9-6-78 Page 4